Bond No.: 0849398
1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Code Section 3267, or any successor legislation, applies.
2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents including, without limitation, an extension of time for performance does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time.
3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work.
4. If an action at 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.
5. 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.
Bond No.: 0849398
On the date set forth below, Principal and Surety duly executed this ,with the name of each party appearing below and signed by its representatives) under the authority of its governing body.
Date: March 19, 2024
PRINCIPAL:
Bear Electrical Solutions, Inc.
( ompany Name)
(Signature)
(Name and Title)
Address for Serving Notices or Other Documents:
1252 State Street
Alviso, CA 95002
CORPORATE SEAL
SURETY:
Harco National Insurance Company
(Company Name)
(Signature)
gy: Rossio Polio, Attorney-in-Fact
(Name and Title)
Address for Serving Notices or Other Documents:
3003 Oak Rd. Suite 200,
Walnut Creek, CA 94597
CORPORATE SEAL
■ TH1S BOND MUST BE EXECUTED IN TRIPLICATE.
■ EVI DENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SI ~NING AS A 17~ORNEY IN-FACT. ■ THEATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR 80TH, ARE A CORPORATION.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
By:
Daniel Wall, Director of Public Works
APPROVED AS TO FORM:
By:
Zaynah N. Moussa, City Attorney
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN-FACT
*See Attached California All-Purpose Acknowledgment
ATE OF CALIFORNIA )
ss
~NTY 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 be the person whose name is subscribed to this instrument as the attorney in fact of, and acknowledged to me the/she subscribed the name of thereto as principal, and his/he own me as attorney in fact.
certify under PENALTY OF PERJURY Eder the laws of the State of California that the foregoing paragraph is true and correct.
Notary Public
SEAL
Page l02 of 120
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 San Francisco )
On ~V ~ before me, Nerissa S. Bartolome, Notary Public , Date Here Inset Name and Title of the Officer
personally appeared Rossio Polio
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the persons) whose names) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) 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.
4 ,Mo:,ti NERISSA 5. BARTOLOME
`, Notary Public -California
`_ ~ '' San Francisco County ~ Signature Commission # 2448064 ~•"`°•~`' My Comm. Expires Jun 24, 2027 Signature of Notary Public Place Notary Sea! Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Descrip#ion of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s~
Signer's Name: Rossio Polio
D Corporate Officer — Title(s):
O Partner — C7 Limited l~ General
O Individual (~ Attorney in Fact
O Trustee [J Guardian or Conservator
Other:
Signer Is Representing:
er's Name: _
l I Cor to Officer — Title(s):
C' Partner — invited L ] Ge
L~ Individual for in Fact
L~1 Trustee f ar or Conservator
O Other:
Signer epresenting:
~c.~~>~x:~cs~ ac~c;~~~c.~~;~~c.~c;~tcs;c:~~c,~.~c.~t.~:~s~c.~:~~c-~:x~c. ~ ~ ~ . 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ~~0~~~~ ~~SG STATE OF NEW JERSEY STATE OF ILLINOIS
~~, ~pa40R4~~~~, County of Essex County of Cook
o SEAL T
'" ~ saa ~' o
~6~1ERS 3` Michael F. Zurcher
1N~ '~ ~'~ Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
POWER OF ATTORNEY Bona 0849398
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
VALERIE TAKEUCHI, CHRISTINA PARSONS, KAREN RHODES, ROSSIO POLIO, CHRISTOPHER M. HOWELL, LUCY M. DUNHAM. KATHLEEN EARLE. KELLY HOLTEMANN, THOMAS E. HUGHES, CHARLES R. SHOEMAKER, ZACHARY OVERBAY, MARK M. MUNEKAWA, NERISSA S. BARTOLOME, ANDREW S. HOLLOWAY, JOAN DELUCA, PATRICK R.
DIEBEL, YVONNE RONCAGLIOLO
San Francisco, CA
their true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 ,~~~~~~,,,,~~~
Q~Po p ~gqqy~ .
~.~ ~ 6 t~` ; to
z~ SEAL o
=0~; 1984 ~`
On this 31st day of December, 2023 ,before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals axed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,,,.~~`~~HY~~CR'~~.,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, °~~GP•''~~ '••~~~'~;, New Jersey the day and year first above written. —•— =
"'., OF N~ ~~..~ ` Cathy Cruz a Notary Public of New Jersey "''"'~"~,,,,,~~~`"`'~ My Commission Expires April 16, 2029
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, March 19, 2024 - A00467 ~ ~—
' . Ir~~r1~ iVlar~ir?s. Assistant Secretary
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
y~, ~~,~~4;~,~NV;.~{~{rz~: .!.;~?S,J~t:.!:~~L.
~J?SV L t •+: G J.`;~ ~`J' ~" i ~.' i '! !Ry: a!r..:•.~. v i.{...-...{•.!y •. ~!4 •,4•YwT•"• S •`s~•:.7~.sC . 1:...::,:.:•::r.. ?.,.... z . ~ .'s :':. .s; 'r I ::<Yi::~Y~ k ?:' .~7:~~'. :l~ .: ,.r.: ~:`r:: :.~.:.~:...i:•.1;•: .~.:.....:•`.'tv.~s; 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 Cai~~nia
County of ~ (~ :'Vl~,~o,/~ ~-~
~ \
On ~ before me, Ir~ C L '
Date ~ He Insert Name and Title of the Offr
personally appeared + f
Nam (s) of Si ~(s)
~~~ f~/t\/ ~ ~ ~ O ~ ~ ~~. ~ /: , 1 it ~ C~\I 1
who proved to me on the basis of satisfactory evidence to be the person(s~whose name are subscribed to the within instrument and acknowledged to me that~ee~she/they executed the same in i her/their authorized capacity(~€s)> and that b his/her/their signatures) on the instrument the person~(s), or the entity upon behalf of which the persons} ac ed, executed the instrument. certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
~5 ;`°~yf ASHLEY J. BARNES
~P ''-~ Notary Public -California
~~ Santa Clara County
Z Y ° Commission ~ 2432371
`~'~~~op"~~ My Comm. Expires Dec 25, 1026
Place Notary Seal and/or Stamp Above
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
hn~r~~w~ n t
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Docu ent ~ ,
Title or Type of Document: ~
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
D Partner — ❑Limited ❑General
o Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing:
02019 National Notary Association
Numberof Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — o Limited ❑General
❑ Individual ❑Attorney in Fact
D Trustee o Guardian or Conservator
❑ Other:
Signer is Representing:
EXHIBIT 3
Executed in Triplicate Bond No.: 0849398
Premium Amount: $Included in Perf. Bond
Bond's Effective Date: March 19. 2024
MAINTENANCE BOND
RECITALS:
1. The City of Vernon, California ("City"), has awarded to Bear Electrical Solutions, Inc.
(Name, address, and telephone of Contractor)
1252 State Street, Alviso, CA 95002 08) 449-5178 ("Principal"), a Contract (the "Contract") for the Work described as
follows:
Contract No. 20240283: Citywide Traffic Signal Maintenance &Repair FY2024 in Vernon, CA.
2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")— aftercompletion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or workmanship during that time.
The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
Harco National Insurance Company
(Name, address, and telephone of Surety)
3003 Oak Rd. Suite 200, Walnut Creek, CA 94597, (925) 658-9260 ("Surety"), a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, Wejointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Sixty Thousand and 00/100---------------------------- ------------------------------------------------------------------ Dollars ($ 60,000.00--------------) ("the Bonded Sum"), this amount comprising not less than ten percent (10%) of the total Contract Sum, in lawful money of the United States of America.
The Licensed Agent for Surety is:
Woodruff Sawyer & Co., 50 California St., Floor 12, San Francisco, CA 94111, (415) 391-2141 (Name, address, and telephone)
Registered Agent's California Department of Insurance License No. 0329598 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder, ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond.
Bond No.: 0849398
1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors acceptable to City to complete all of the Work, and arrange for a contract between the contractors) and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents including other costs and damages for which Surety is liable under this Bond except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work.
5. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
6. If an action at 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.
7. 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.
8. Death of the Principal shall not relieve Surety of its obligations hereunder, Page l04 of 120
Bond No.: 0849398
belowand
On the date
signed
set forth
by its
below,
representative(s)under
Principal and Surety
the
duly
authority
executed
of its
this
governing
-
body.
Date: March 19, 2024
PRINCIPAL:
Bear Electrical Solutions, Inc.
(Company Name)
(Signature)
By:Q ~b~Y~SUt~UO'h~ ~IG~ pY~Si~~~~'
(Name and Title)
Address for Serving Notices or Other Documents:
1252 State Street
Alviso, CA 95002
CORPORATE SEAL
with the name of each party appearing
SURETY:
Harco National Insurance Company
(Company Name)
(Signature)
gy; Rossio Polio, Attorney-in-Fact
(Name and Title)
Address for Serving Notices or Other Documents:
3003 Oak Rd. Suite 200,
Walnut Creek, CA 94597
CORPORATE SEF~L
■ THIS BOND MUST BE EXECUTED IN TRIPLICATE.
■ EVIDENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SIGNING ASATTORNEY-IN-FACT. ■ THE ATTORNEY IN-FACTS SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR 80TH, ARE A CORPORATION.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
By:
Daniel Wall, Director of Public Works
APPROVED AS TO FORM:
By:
Zaynah N. Moussa, City Attorney
Page l05 of 120
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN-FACT
*See Attached California All-Purpose Acknowledgment
STATE OF`CALIFORNIA
ss
COUNTY OF
On this day o
before me,
appeared
satisfactory evidence to be the pe
name of
attorney in fact.
20 ,
(name), a Notary Public for said County, personally
(name), who proved to me on the basis of
whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the
thereto as principal, and his/he own name as
certify under PENALTY OF PERJURY under the laws of tP~ State of California that the foregoing paragraph is true and correct.
Notary Public
SEAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r~~,~~,~xxr~rer;~ ,.~„~.~~c~c,~c~r„~,~,.~c~„~c,~r.~~ ~. _ ~ : .~ - - - ,rsr•;s 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 attache, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Francisco )
On _ D J ~ Z before me, Nerissa S. Bartolome, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Rossio Polio
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) 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.
4, •~ o~ y NERISSA S. SARTQLOME
~: Notary publie -California Z Z -~~ ~ San Francisco County ~ L Commission # 2448064
c~"`°•~`'My Comm. Expires Jun 24, 2027 y
WITNESS my hand and official seal.
Signature
L ~
r'
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __ _... Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity{ies) Claimed by Signers)
Signer's Name: . Rossio Polio
D Corporate Officer — Title(s): _ O Partner — [ ': Limited C_ i General D Individual f X Attorney in Fact
❑ Trustee I ;Guardian or Conservator
C Other:
Signer Is Representing: __ _ __ __ ___
er's Name:
O Cor to Officer — Title(s):
❑ Partner — invited [ 1 G
O Individual for
U Trustee f uar
[^l Other:
Signer epresenting:
n Fact
or Conservator
-- -
:ti~=e.~c;~e.~:~_sc.~s=z.~-c:~c c.*c~,c.~~~c:~~~;~cc.~c.%c:~c~:~c,~:~;~:c^~<t.~.~c.~,~cz;~s,<c.~: c.~.~ c~z ~=c,~~c^~v~z-c~~~w~..~ OO 2014 National Notary Association ~ www.NationalNotary.org ~ 1-800-US NOTARY (1-800-876-6827 Item #5907 ~~O~u~r~~f(j,p STATE OF NEW JERSEY STATE OF ILLINOIS
~y pPP~R4~, `may County of Essex County of Cook
o ~' SEAL ~ ~
r 1904 ~. O
~6~1E~S a~ Michael F. Zurcher
!~~ '~ ~`~ Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
POWER OF ATTORNEY Bond# 0849398
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
VALERIE TAKEUCHI, CHRISTINA PARSONS, KAREN RHODES. ROSSIO POLIO, CHRISTOPHER M. HOWELL, LUCY M. DUNHAM, KATHLEEN EARLE, KELLY HOLTEMANN, THOMAS E. HUGHES, CHARLES R. SHOEMAKER, ZACHARY OVERBAY, MARK M. MUNEKAWA, NERISSA S. BARTOLOME, ANDREWS. HOLLOWAY, JOAN DELUCA. PATRICK R.
DIEBEL, YVONNE RONCAGLIOLO
San Francisco, CA
their true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be axed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2023 ~~~„~~,,,~~
;'~~~ ~:~NS!! ~~~':
• a~:' ' 'Aq'y
O APORq ~
i~ , ~•~ ~'
a: ;~• Z•. SEAL ;o _
.~ a,
'•, ti''•. ••~~,
•. * .•
On this 31st day of December, 2023 ,before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,,.,~~~~NY~~~~"'~-.,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, '~~GP•''~~~'R~~~~'~-; New Jersey the day and year first above written. ' . OF N~ Cathy Cruz a Notary Public of New Jersey
'','~~~~~~~~~~~~~~~~~~,`,,`` My Commission Expires April 16, 229
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full torcF; and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, March 19, 2024 A00467
`/ --
J~~~
!re~~e A~1arti~s, Assistant Secretary
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 Cal' oCnia
County of !~i-
~~~
Date
personally appeared
before me,
Insert Name and Title of the O
NamQ(s) of Si ~(s)
who proved to me on the basis of satisfactory evidence ~o be the person(sj~whose name( is7a~e-subscribed to the within instrument and acknowled ed to me tha he/she/they executed the same i hi /her/their authorized capacityFte~}, and that b his/ ~ er/their signature€sj on the instrument the person(s), or the entity upon behalf of which the persor~(s~'acted, executed the instrument. .,Er~~y ASHLEY J. BARNES
~~` ~ ~~~~~~ f Notary Public -California 7
W T Santa Clara County
Y Commission # 2432371
~ ~~ oa"~~ My Comm. Expires Dec 25, 2026
Place Notary Seal and/or Stamp Above
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.
Signature
Si nature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Docu e~nt
Title or Type of Document: ~ ~'
Document Date:
Signers) Other Than Named Above:
Capacity(ies~ Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
D Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — D Limited ❑General
O Individual ❑Attorney in Fact
❑ Trustee o Guardian or Conservator
❑ Other:
Signer is Representing:
~C
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. The policy shall be endorsed to waiver all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract.
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. The coverage shall also apply to automobile liability.
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.
D. Contractors Pollution Liability Insurance (CPL)
1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured.
2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operations.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement.
E. Builder’s Risk Insurance
1. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid.
F. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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”), or nonadmitted insurer approved by the City.
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 Endorsement. 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. Require the Contractor to 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 Exhibit 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. Waiver of 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. Contractor 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 as approved by the City. 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.
. ■ ::
Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Project Address: Various Locations in Vernon, CA
Property Owner: City a# Vernon
Contractor: Bear Electrical Solutions, Inc.
Contractor's Atldress; 1252 State Street, Alviso, CA 95002 The latest C~VID-19 industry guidelines can be accessed at the following web address:
https:l/www.dir.ca.qov/dosh/coronaviruslGuidance-by-Intlustrv.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 CaIIOSHA.1 Stay current on changes to public health guidance and state/local orders, as the COVID-19 situation continues. CaI/OSHA has more safety and health guidance on their CaIIOSHA COVID-19 Infection Prevention for Construction 2 Employers and Workers webpage.
CDC has additional guidance for businesses and employers. have read n erstand the requirements listed above and certify that I will comply with the minimum requirements have
Signature: Date: March 18, 2024
Print Name: Robert Asuncion
Title:Vice President
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
.:rit5:;~.'.:: ;•: •k' ~:`•:c%i'~.• ~k~:k ?i'v ~` ~.):C?::•,kG.' :'%i 1~):Y.s?c'' ':~' jr:?.•'• sa~~c:r' t:'~i~:`'`•~ `' ~ (t~: 'ist : . ~..?~ h d'.. ~'~.~5:: .=t s'; :• • •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 Calif~nia
. Tr~►~-~~rrrL
On before me, ~ ~ - ,
ate H e Insert Name and Title of the Officer
personally appeared --l~ ~ \
~Name(s) of Signers) ~ T
~~ 'o~
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
,~ ; ,,,~ yf ASHLEY J. BARNES
~ ~~ ~ J~ Notary Public -California
Santa Clara County y~
Z Y ~ ° Commission ~ 2432371
`'~~ ~""~~ My Comm. Expires Dec 25, 102b
Place Notary Seal and/or Stamp Above
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
i ature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signers) Other Than Named Above.
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact
o Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact
❑ Trustee ❑Guardian or Conservator
❑ Other:
Signer is Representing:
EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
1 EXHIBIT B – SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
Citywide Traffic Signal Maintenance &
Repair FY2024
Contract No. 20240283
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
2 Table of Contents
A. General .................................................................................................................................................. 4
1. Scope of Work .................................................................................................................................. 4
2. Contract Specifications .................................................................................................................... 4
3. Specifications ................................................................................................................................... 4
4. Length of Contract ........................................................................................................................... 4
5. Liquidated Damages......................................................................................................................... 4
6. Delays and Extensions of time ......................................................................................................... 4
7. Quality of Work ................................................................................................................................ 5
8. Unit Prices ........................................................................................................................................ 5
9. Extra Work ....................................................................................................................................... 5
10. Compliance with Laws, Regulations, and Safe Practices ................................................................. 5 B. Construction Specifications .................................................................................................................. 6
1. Scheduling of Work .......................................................................................................................... 6
2. Construction Hours .......................................................................................................................... 6
3. Traffic Requirements ....................................................................................................................... 6
4. Notification of Utilities ..................................................................................................................... 8
5. Protection of the Public ................................................................................................................... 8
6. Noise Restrictions ............................................................................................................................ 8
7. Construction Order of Work ............................................................................................................ 8
8. Character of Workers ....................................................................................................................... 9
9. Examination of Site .......................................................................................................................... 9
10. Mobilization ..................................................................................................................................... 9
11. Dust Control ..................................................................................................................................... 9
12. Best Management Practices (BMP’s) ............................................................................................... 9
13. Temporary Water Meter ................................................................................................................ 10
14. Cleaning of Site During Construction ............................................................................................. 10
15. Parkway Restoration ...................................................................................................................... 10
16. Final Cleaning of Site and Restoration ........................................................................................... 10
17. Contractor Responsibility ............................................................................................................... 10 C. Routine Maintenance ......................................................................................................................... 11
1. Monthly and Annual Preventative Maintenance ........................................................................... 11
2. Traffic Signal Control Equipment ................................................................................................... 11 EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
3 3. New Installation or Deletions ........................................................................................................ 12 D. Extraordinary Maintenance ................................................................................................................ 12
1. Definitions ...................................................................................................................................... 12
2. Notification .................................................................................................................................... 12
3. Emergencies ................................................................................................................................... 12
4. Method of Payment ....................................................................................................................... 13
5. Rewire ............................................................................................................................................ 14
6. Knockdowns ................................................................................................................................... 14 E. Miscellaneous ..................................................................................................................................... 14
1. Records .......................................................................................................................................... 14
2. Notification .................................................................................................................................... 14
3. Shutdowns ..................................................................................................................................... 14
4. Compensation for Routine Maintenance ...................................................................................... 15
5. Types of Signals .............................................................................................................................. 15
6. Traffic Detector Loops.................................................................................................................... 15
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
4 A. General
1. Scope of Work
This project consists of ongoing and regular field preventative maintenance and repair of traffic signal equipment, as further described in these special provisions and Attachment “C” - Monthly Preventative Maintenance Tasks, and other related equipment by truly trained and qualified personnel. In addition, the Contractor shall provide and maintain Emergency Service response of the City’s forty-two (42) signalized intersections on a 24-hour a day, 7 days per week basis, including all holidays.
2. Contract Specifications
The location map is shown on Attachment “A”. The written list of locations for the 42 signalized intersections are shown on Attachment “B”. The list of the monthly preventative maintenance tasks are shown on Attachment “C”.
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 (2022 Edition) and State of California Department of Transportation Standard Specifications (2018 Edition), latest edition of the California Manual on Uniform Traffic Control Devices, 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 (2022 Edition) shall be referred to hereafter as the “Caltrans Standard Plans”.
4. Length of Contract
The term of the contract shall not exceed three (3) years pursuant to the Vernon Municipal Code beginning upon City Council approval.
5. Liquidated Damages
As stated in Section 3.07 in Exhibit A – General Conditions, the Contractor shall pay the sum of $500.00 for each day past the first and last seven (7) working days of each month for noncompletion of the Routine Maintenance-Inspection and Cleaning work. Contractor shall pay to the City, or have withheld from monies due it, the sum of $200.00 for each hour late when responding to emergency situations.
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.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
5 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 EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
6 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 Specifications
1. Scheduling of Work
The Contractor shall submit his/her preventative maintenance work schedule to the City's Project Manager prior to the pre-construction meeting. This schedule must be reviewed and accepted by the City's Project Manager before the Contractor will be permitted to begin work. The Contractor shall give 24 hours’ notice to the City's Project Manager prior to the start of the work.
2. Construction Hours
All preventative work shall occur Monday-Friday between the hours of 7:00 am to 4:00 pm, excluding emergency work.
Contractor shall perform Monthly Maintenance-Inspection and Cleaning work to half of the signalized intersection listed in Attachment “B” and shown in Attachment “A” during the first seven (7) working days of each month and the other half shall be performed during the last seven (7) working days of each month unless otherwise approved by the City's Project Manager.
3. 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 Section 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.
Except for emergency work, the Contractor shall submit detour plans to the City's Project Manager for approval at least ten (10) calendar days prior to any proposed shutdowns where traffic flow has to be diverted. This will not apply to emergency responses.
The Contractor shall submit traffic channelization and detour plans to the City's Project Manager for approval at least fourteen (14) fourteen working days prior to commencement of work. Traffic control plans (previously approved by the City's Project EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
7 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 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. 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 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.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
8 4. 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.
5. 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.
6. 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 Friday
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.
7. 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 EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
9 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
10 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
11 C. Routine Maintenance
The Contractor shall enact a continuing comprehensive maintenance program designed to eliminate or reduce any incidence of malfunctions, complaints, and extension of the useful life of the City’s traffic signal equipment. The program shall include at a minimum the following:
1. Monthly and Annual Preventative Maintenance
The Contractor shall provide monthly and annual preventative maintenance on the forty-two (42) signalized intersections per the list of tasks in Attachment “C”. The Contractor shall complete Monthly Preventative Maintenance Checks per the list for each maintenance inspection and shall indicate the minimum work required for each item.
The Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well.
The Contractor shall maintain electronic records of the completed checklist form for each intersection in the Contractor’s MMS throughout the term of this contract. The Contractor shall make available via a web interface electronic records of the completed monthly preventative maintenance checks as well as activity reports in real time.
The Contractor shall maintain two separate logs at each signalized intersection under this contract.
One log shall detail each monthly and preventative maintenance inspection by the Contractor. The Contractor shall complete at a minimum on this log, the inspection date, arrival time, departure time, type of inspection, any findings or repairs, and the Contractor’s employee name or ID. The other log shall detail any extraordinary repairs or service calls for the intersection. This log shall detail the nature of the emergency/service call, the Contractor’s findings, the repair made, Repair Order number, if applicable, arrival time at the intersection, departure time, and the Contractor’s employee name or ID. All information must be collected and submitted with the monthly invoice.
2. Traffic Signal Control Equipment
The Contractor shall repair, replace or otherwise render in good working order any and all defective parts of all traffic signal control equipment. Whenever the Contractor replaces any defective parts on either a temporary and/or permanent basis, the Contractor shall identify the parts being replaced by manufacture’s make and model. Furthermore, the Contractor shall only use new parts for permanent replacement. Exceptions to this requirement shall only occur on an individual basis upon advance written approval from the City.
No permanent changes of traffic signal control devices shall be done without prior written approval from the City. In addition, any changes shall also be indicated on the maintenance or EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
12 repair log within the traffic signal controller cabinet. The Contractor agrees to notify the City in advance of any planned or scheduled traffic signal turn-offs/ turn-ons only upon prior written approval by the City.
3. New Installation or Deletions
The Contractor shall maintain any new traffic signal equipment and any other related devices, which are installed for or by the City throughout the term of the contract. These devices will be deemed to be added to the existing signalized intersections listed on Attachment “B” when the City notifies the Contractor of the installation thereof. These added devices, regardless of the complexity and technology shall be maintained in the same manner and for the same flat rate as those devices already covered by the contract.
Should responsibility for the maintenance of any current or future traffic signal device cease to be the City’s, the City will notify the Contractor in writing of the last date to perform maintenance.
D. Extraordinary Maintenance
1. Definitions
Extraordinary maintenance shall consist of but not be limited to the following:
a. Repair or replacement of failed or malfunctioning parts of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or excavation.
b. Minor upgrading or installations as directed by the City. c. Replacement of detector loops including saw cut lead-ins as required. d. Replacement of pedestrian indications.
e. Installation of complete new pedestrian heads.
f. Installation or replacement of pedestrian push buttons. g. Installation of new traffic signal heads.
h. Installation of Light Emitting Diodes (LED’s) as directed by the City representative.
2. Notification
The Contractor shall contact the City's Project Manager regarding any extraordinary maintenance work except emergency repairs and seek his/her prior approval in writing before the work is scheduled. The Contractor shall notify the City representative by telephone at least twenty-four (24) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response.
3. Emergencies
The Contractor shall respond immediately to emergency calls such as a total blackout, when directed by the City, and dispatch the qualified personnel and equipment to reach the site within two (2) hours under normal circumstances.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
13 For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply:
a. The Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours under normal conditions. The Contractor's vehicles shall carry traffic cones, flashing arrow boards, traffic warning signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the City's Project Manager or his representative. b. If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall set the intersection in flash, remove all of the temporary traffic control devices and place those devices owned by the City off to the side of the road and then switch the intersection back to normal operation.
c. If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up necessary traffic control devices and other necessary warning devices and relieve the police officer.
4. Method of Payment
Upon receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate Contractor for such repairs required beyond the scope of routine maintenance as follows:
a. Materials - The city shall pay the Contractor for materials used in extraordinary maintenance per the bid items on the Bidder’s Proposal plus the percentage markup specified in this agreement NOT TO EXCEED 15%. All materials and parts shall be new or have the approval of the City's Project Manager, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance.
b. Direct Labor - The Contractor shall present with their monthly invoice with a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified in this agreement. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
14 workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. c. Equipment - The City shall pay Contractor for equipment used in extraordinary maintenance on a per trip basis as specified in this agreement. The listing of per trip equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified in this agreement of per trip rates as stated. No additional compensation shall be paid for transporting the equipment to or from the job site. d. Traffic Collisions – Repairs or replacement of failed or malfunctioning parts of the signal system caused by vehicle collisions shall be billed separately per incident.
5. Rewire
Rewire of any intersection will be charged on a time and material basis. Prior to any work of this type, a written proposal will be submitted by Contractor and approved by the City's Project Manager before any work commences.
6. Knockdowns
All knockdowns (except for a Type I-A pole) will be charged on a time and material basis. A written proposal will be submitted by Contractor and approved by the City's Project Manager for the replacement of any damaged poles or mast arms before the order is placed.
E. Miscellaneous
1. Records
The Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location.
A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice.
A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well.
2. Notification
The Contractor shall notify by telephone, the City's Project Manager or his authorized representative, within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component.
3. Shutdowns
The Contractor shall notify the Vernon Police Department and the City's Project Manager or his authorized representative of any signal turn-offs or turn-ons necessitated by his operations and EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240283
15 shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the City's Project Manager or his authorized representative.
4. Compensation for Routine Maintenance
The City will compensate Contractor at the agreed price per signalized intersection per month.
Said compensation shall include all services rendered, labor, materials, equipment, overhead and profit. Delays due to Contractor are subject to liquidated damages as specified in the specifications (Section B-1.07).
5. Types of Signals
The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract.
6. Traffic Detector Loops
The traffic detector loops shall be installed per the Caltrans Standard Plan ES-5B. Loops and “home runs” shall be cut 4 inches deep with the stub out cut to match. Home run loops shall be spliced in series and twisted at a rate of 3 turns per foot. Cut out, deburr, and place new 4 inches deep threaded ring for stub out.
The cost of furnishing and installation of new traffic detector loops and “home runs” complete in place and in working order must be included in the loop bid item.
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.
ATTACHMENT A
TRAFFIC SIGNAL LOCATIONS MAP
SPECIFIC FOR THIS PROJECT
ATTACHMENT B
INTERSECTIONS
SPECIFIC FOR THIS PROJECT
ATTACHMENT “B”
VERNON SIGNALIZED INTERSECTIONS
1. 26TH STREET @ BONNIE BEACH PLACE
2. 37TH STREET @ SEVILLE AVENUE
3. ALCOA AVENUE @ FRUITLAND AVENUE
4. ALCOA AVENUE @ LEONIS BOULEVARD
5. ATLANTIC BOULEVARD @ 3030 ATLANTIC
6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD
7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD
8. BANDINI BOULEVARD @ I-710 OFF-RAMP
9. BANDINI BOULEVARD @ BONNIE BEACH PLACE
10. BANDINI BOULEVARD @ PENNINGTON WAY
11. BANDINI BOULEVARD @ SIERRA PINE AVENUE
12. BANDINI BOULEVARD @ SUNOL/AYERS
13. BOYLE AVENUE @ FRUITLAND AVENUE
14. BOYLE AVENUE @ LEONIS BOULEVARD
15. BOYLE AVENUE @ RANDOLPH STREET
16. DISTRICT BOULEVARD @ LOMA VISTA AVENUE
17. DOWNEY ROAD @ DISTRICT/LEONIS BOULEVARD
18. DOWNEY ROAD @ FRUITLAND AVENUE
19. DOWNEY ROAD @ VERNON AVENUE
20. PACIFIC BOULEVARD @ FRUITLAND AVENUE
21. PACIFIC BOULEVARD @ LEONIS BOULEVARD
22. SANTA FE AVENUE @ 25TH/26TH STREET
23. SANTA FE AVENUE @ 27TH STREET
24. SANTA FE AVENUE @ 28TH STREET
25. SANTA FE AVENUE @ 37TH STREET
26. SANTA FE AVENUE @ 38TH STREET
27. SANTA FE AVENUE @ VERNON AVENUE
28. SANTA FE AVENUE @ PACIFIC BOULEVARD/VERNON AVENUE
29. SANTA FE AVENUE @ 48TH STREET
30. SANTA FE AVENUE @ FRUITLAND AVENUE/51ST STREET
31. SANTA FE AVENUE @ 55TH STREET
32. SLAUSON AVENUE @ ALCOA AVENUE
33. SLAUSON AVENUE @ BOYLE AVENUE
34. SLAUSON AVENUE @ DOWNEY ROAD/MALBURG WAY
35. SOTO STREET @ 26TH STREET
36. SOTO STREET @ 2800 SOTO
37. SOTO STREET @ 37TH STREET/BANDINI BOULEVARD
38. SOTO STREET @ FARMER JOHN DRIVEWAY
39. SOTO STREET @ FRUITLAND AVENUE
40. SOTO STREET @ LEONIS BOULEVARD
41. SOTO STREET @ VERNON AVENUE
42. WASHINGTON BOULEVARD @ HOBART YARD DRIVEWAY
ATTACHMENT C
TASKS
SPECIFIC FOR THIS PROJECT
Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 1 of 5 ATTACHMENT “C”
MONTHLY PREVENTATIVE MAINTENANCE TASKS
I. ROUTINE MONTHLY MAINTENANCE
GENERAL:
It is the intent of the City of Vernon that the City's 41 traffic signals are maintained so as to provide the motoring public with a minimum of inconvenience caused by the failure of any signal components, and to present a well-kept signal installation. All traffic signal work: sha1l be performed in accordance with the current Standard Plans and Section 86. "Signals, Lighting, and Electrical Systems" of the Standard Specifications for the State of California, Department of Transportation and the current City Standard Traffic Details. This maintenance sha1l be extended to include future signal installations at the proposed unit prices. The following is a list of tasks to be completed for each intersection on a monthly basis:
CONTROLLER CABINET:
CONTROLLER CABINET MOUNTING:
Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening.
CONTROLLER CABINET FOUNDATION SEAL:
If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the cabinet and the foundation for deterioration; report the need for a reseal, as necessary.
DOOR GASKETS:
Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration.
CABINET VENTS:
Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material.
AIR FILTER:
Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged.
For any permanent filters, vacuum, wash or knock the dust out of the filter. Permanent filters require no replacing unless damaged.
CABINET FAN:
Verify that the cabinet fan operates properly with a minimum of noise.
Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 2 of 5 THERMOSTAT:
Verify that the cabinet fan thermostat is set at 100 degrees.
INTERIOR LIGHT:
Verify the proper operation of the cabinet's interior light. If a manual light is installed, check for proper operation.
DOOR PANEL HARNESSES:
Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary.
HINGES AND LOCKS:
Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. Use oil for this purpose which does not attract dirt or leave residue.
VACUUM CABINET:
Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet, including the police panel.
INSECT INFESTATION:
Check for any signs of ants, wasps or other insects within the cabinet and report any positive findings for the City to take the necessary steps for extermination and prevention.
CABINET GROUNDING:
Using appropriate equipment, check during the 1st month of the contract and then annually the resistance between AC and Ground.
SERVICE CONNECTIONS:
Verify that the neutral, ground and power connections are secure in the controller and service cabinets.
PLUG-IN COMPONENTS:
Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly and securely.
TERMINAL CONNECTIONS:
Test semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure.
GROUND FAULT RECEPTACLE:
Verify the proper operation of "Test" and "Reset" buttons on GFI type outlets.
Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 3 of 5 INTERSECTION RECORDS:
Ensure that all intersection cabinet wiring diagrams are present. Notify City representative if updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the reason for the call/work and results or work accomplished by date and time.
CONTROLLER OPERATION:
Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller key pad, to verify controller servicing of each active phase. Check controller logs for any faults that may have occurred and take notes for the file.
CONFLICT MONITOR MALFUNCTION MANAGEMENT UNIT:
Verify time and dates are correct in any CMU/MMU with an intema1 clock and for proper operation of the unit.
DETECTOR OPERATION:
Verify the detection zones for each detector by observing the turn-on of the appropriate detector indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is placed on the correct controller phase. Verify detection zone vertically above loops whenever a problem has occurred.
EQUIPMENT DISPLAYS AND INDICATORS:
Verify that all video, LED and LCD displays and indications on all cabinet equipment are working properly.
SYSTEM TELEMETRY:
Check operation of telemetry on controller display and modem, if equipped, located in the cabinet. Report any malfunction immediately.
EMERGENCY VEHICLE PREEMPTION (EVP):
Verify that the EVP is operating with the use of a strobe light. Report any malfunction immediately (Completed every 90 days).
INTERSECTION WALK-AROUND:
GENERAL:
Remove any easily removed, unauthorized signs and posters and report all graffiti existing on signal poles or equipment.
SIGNAL HEADS:
Verify that all vehicle and pedestrian signal heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Also verify that all backplates, visors and doors are visibly secure.
Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 4 of 5 PEDESTRIAN EQUIPMENT:
Check all pedestrian push buttons and signals by band to ensure that they are securely mounted and operating properly. Contractor will maintain a supply of ADA push buttons, as these are to be repaired immediately on discovery and reported to City staff.
MISCELLANEOUS:
Check operation of safety lighting using the manual test switch located in the service cabinet Visibly check all signal-mounted signs and advance warning signs/beacons for deterioration, proper mounting, alignment and operation; Verify that all pullbox covers, hand hole covers, etc. are secured and not damaged or missing. Check all detector loops for sealant deterioration, exposed wire, etc. Record any problems or irregularities and take corrective action as soon as possible, for contractor provided services. Visibly check pullboxes for evidence of ants and gophers. Report any positive findings.
LAMPS AND LIGHTING:
When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged, defective or past its useful life, the lamps/module shall be replaced without charge for labor or equipment using Dialight LED Ball Signal Modules (8 inch and 12 inch) and shall be fully compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June 27, 2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight (16x18), part number 430-6479-001X. Contractor shall replace internally Illuminated Street Name Sign lamps as they become dim or inoperative. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD. C78. The Contractor shall during the 1st of this month clean and polish all lenses and reflectors including illuminated street name signs and safety lights. The contractor shall replace burned out lamps as they occur under extra work charges.
ANNUAL CONFLICT MONITOR TESTING:
Replace conflict monitor's (CMU's, MMU's) with a spare unit and submit the monitors for testing and certification. It is suggested that ten (10) monitors be replaced and the originals be submitted for testing and certification on a rotating basis over 11 months. Printed certification is to be provided for each conflict monitor/malfunction management unit. The contractor will have available 6 spare MMU's and 4 spare CMU's for rotation use in testing. Testing of conflict monitors shall be included in price proposal for routine maintenance.
PAINTING:
Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller housing (if already painted) on the second year of the contract, unless directed otherwise by the City. Repainting shall be completed in June and shall be conducted by spray painting methods.
Colors as specified by the City. For those controller cabinets that have metal finishes, the Contractor shall wipe clean controller with detergent. Detergent per manufacturer's requirements.
Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 5 of 5 ROUTINE EMERGENCY SERVICES:
The Contractor shall maintain a twenty-four (24) hour per day emergency service for the replacement of burned-out signal and safety lamps, adjustment of turned heads, repair of controller malfunctions or any damage creating a public hazard. The Contractor shall repair parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition.
This telephone number is to be made available to all persons designated by the City.
The Contractor shall make immediate service calls on an emergency basis, responding within two (2) hours in the event of malfunctions of the controller or signal system or turned head. The replacement of burned-out signal lamps, internally illuminated street name sign lamps, or safety lights need not be on an emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacements shall be handled on the next business day but in no case more than 48 hours. All labor, materials, equipment, travel, and parts for routine emergency service shall be included in the routine maintenance proposal price per signalized intersection per month, and no additional compensation will be allowed.
NOTICE INVITING BIDS
for
Citywide Traffic Signal Maintenance & Repair FY2024
in the
City of Vernon
One original sealed bid must be signed and submitted prior to 2:00 p.m., Wednesday, March 6, 2024 to the City Clerk’s Office, 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 and address appearing on the outside.
Bids shall be clearly titled and should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk’s Office at 2:00 p.m. on Wednesday, March 6, 2024. 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 contents (collectively, the “Completed Bid Forms” and the uncompleted forms, the “Bid Forms”) will be made available for public review. Except as set forth in Paragraph 22 (“Public Records”), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public record.
Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids.
Pre-Bid Meeting:
A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 10:30 a.m. on Wednesday, February 28, 2024 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]
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:
Ongoing and regular field preventative maintenance and repair of traffic signal equipment, as further described in the special provisions, and other related equipment by truly trained and qualified personnel. In addition, the Contractor shall provide Emergency Service response for the repair of the City’s forty-two (42) signalized intersections on a 24-hour a day, 7 days per week basis, including all holidays.
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 1,095 calendar days from the date of commencement as established by the City’s written Notice to Proceed.
2. Amount of Liquidated Damages:
a. $200 per hour late on emergency call-outs.
b. $500 for each day past the first and last seven (7) working days of the month of noncompletion of the preventative maintenance.
3. Intermediate Completion Milestones
- Contractor shall perform Monthly Maintenance to half of the signalized intersections listed in Attachment B during the first seven (7) working days of each month and the other half during the last seven (7) working days of each month.
4. Bidding Documents. Bids must be made on the Proposal Form contained herein.
5. 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 $43,000 to $49,000 per year.
6. 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.
7. 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): C-10, Electrical Contractor, and D-31, Pole Installation and Maintenance Contractor from the California State License Board as applicable to such self-performed Work. Contractor may substitute the D-31 license for a Class A, General Engineering Contractor’s License. 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.
8. 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, public works contractor registration number issued pursuant to Labor Code Section 1725.5, and portion of the Work). An inadvertent error in the license number or public works contractor registration number will not be considered nonresponsive if 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.
9. 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.
10. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at www.cityofvernon.org/planetbids or 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.
11. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.
12. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith.
13. 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/.
14. 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).
15. 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 Traffic Signal Maintenance & Repair FY 2024 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
Bid opening date and time: Wednesday, March 6, 2024, 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’s Office prior to the time set for bid opening. A bid received by the City Clerk’s Office 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. Addenda will be made available for inspection at
www.cityofvernon.org/planetbids. 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 shall be hand delivered, delivered by courier or package delivery service to the Office of 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 nonresponsive.
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, each Subcontractor’s public works contractor registration 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
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 seven (7) 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 City Clerk, 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.
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 from the City at its Public Works Department, which shall be made available to any interested party upon request; or 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 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.
C. 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.
D. 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.
A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City.
B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, 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 age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Contractor shall require like compliance by all Subcontractors employed on the Work.
26. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence.
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
~:~~r~~»~~~cz•~•~~t~
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 Traffic Signal Maintenance &Repair FY2024, Contract No. 20240283 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 ~ 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.
Addendum 1- Feburary 29, 2024
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.
C. Inspection of the Work and Contract Documents. Bidder 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 all 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.
PRE-BID SITE INSPECTION —CERTIFICATION:
Persons) who inspected site of the proposed Work for your firm:
Name. Ralph Murrillo Date of Inspection
Title: Field Superintendent
Name: Robert Asuncion
Title; Vice President
Date of Inspection
2/26/24
2/26/24
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.
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 action arises solely upon the award of a Contract in compliance with federal, state, and local laws.
The Bidder declares that neither he/she nor any member ofhis/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 day of ~~~`~ , ~~' at ~~~~fs 11 (~~~~~ lvi' ~, City State
Bidder's Proposal
Respectfully Submitted
NAME OF BIDDER
COMPANY NAME: Bear Electrical Solutions, Inc.
ADDRESS: 1252 State Street P.O. Box 924,
Alviso, CA 95002
CONTACT PERSON: Robert Asuncion
TELEPHONE NUMBER: 408-449-5178
E-MAIL: [email protected]
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 982 79
EXPIRATION DATE: 03-31-25
TAX IDENTIFICATION NO.: 461898744
SURETY COMPANY: Woodruff Sawyer
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 Bitl, 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. N/A
List all d/b/a's:
artnership: ❑General Partner ❑Limited Partner
~~ N/A
Name:
Title:
Signature:
Corporation. A California Corporation
Name: Ro ert nc' n
Signature: ~ ~~-'
Joint Venture. ❑Corporation ❑Partnership
❑ Individual ❑Other
Name: N/A
Title;
Signature:
Name of all Joint Venturers:
Corporate Officer Title; Vice 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 his/her 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.~
SCHEDULE OF BID PRICES
PROJECT: Citywide Traffic Signal Maintenance &Repair FY2024, Contract No. 20240283 BIDDER'S NAME: Bear Electrical Solutions, 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:
Three Hundred Thirty Nine Thousand and Two
Hundred Fifty and Zero Cents Dollars ($ 339,250.00 ~
Proposed Construction Costs Breakdown
SECTION I —ROUTINE MAINTENANCE
Item No. Description Unit Qty Unit Price Per Total Cost Month Per Year
~ Routine Maintenance-Inspection and Cleaning EA 42 $ 95.00 $ 47,880.00 er Attachment "C"
SECTION II- EXTRAORDINARY MAINTENANCE
A. Material: Contractor's cost for the supply plus (+)15% per the Green Book B. Labor: Contractor's hourly rates (including all fringe benefits, markup, overhead, etc.) for all job classifications involved in extraordinary maintenance.
C. Regular timer hours are Monday —Friday 7;OOAM — 4:OOPM (excluding Holidays). Overtime hours are Monday —Friday 4;OOPM — 7:OOAM, Weekend and Holidays
Bid
Item
No.
Classification Title Unit
Hours
Per
Year
Straight Time Total Cost
Per Year
2 Operations Superintendent HR 5 $ 90.00 $ 450.00
3 Foreman HR 5 $ 115.00 $ 575.00
4 Engineering/Systems Technician HR 10 $ 70.00 $ 700.00 5 Laboratory Technician HR 10 $ 70.00 $ 700.00
6 Traffic Signal Technician- Lead (IMSA Level III Certified) HR 80 $ 115.00 $ 9,200.00 7 Traffic Signal Technician- (IMSA Level II Certified) HR 80 $ 75.00 $ 6,000.00 8 Utility Technician HR 30 $ 60.00 $ 1,800.00
SUBTOTAL FOR BID ITEMS N0.2 THROUGH N0.8 $ 19,425.00
Bid
Item
No.
Classification Title Unit
Hours
Per
Year
Overtime Total Cost
Per Year
9 Operations Superintendent HR 5 $ 90.00 $ 450.00
10 Foreman HR 5 $ 175.00 $ 875.00
11 EngineeringlSystems Technician HR 10 $ 70.00 $ 700.00 12 Laboratory Technician HR 10 $ 70.00 $ 700.00
13 Traffic Signal Technician- Lead (IMSA Level 111 Certified) HR 80 $ 175.00 $ 14,000.00 14 Traffic Signal Technician- (IMSA Level II Certified) HR 80 $ 100.00 $ 8,000.00 15 Utility Technician HR 30 $ 75.00 $ 2,250.00
SUBTOTAL FOR BID ITEMS N0.9 THROUGH N0. 15 $ 26,975.00
Bitl Qty Total Cost Item Labor antl Material Unit Per Unit Price Per Year No. Year 16 Install 6' diameter tragic loop (4 or (ess) EA 12 $ 575.00 $ 6, 900.00 17 Install 6' diameter traffic loop (more than 4) EA 12 $ 525.00 $ 6,300.00 18 Furnish and install 6' diameter bike loop (4 or less) EA 12 $ 475.00 $ 5,700.00 19 Furnish and Install 6' diameter bike loop (more than 4) EA 12 $ 425.00 $ 5,100.00 20 Furnish and Install No. 5 pullbox EA 4 $ 250.00 $ 1,000.00 21 Furnish and Install No. 6 pullbox EA 4 $ 275.00 $ 1,100.00 22 Furnish and Install No. 5 pullbox lid EA 4 $ 110.00 $ 440.00 23 Furnish and Install No. 6 pulibox lid EA 4 $ 140.00 ~ 560.00 24 Furnish and install LED Countdown Pedestrian Head- EA 12 $ 200.00 $ 2,400.00 Diali ht
25 Furnish and install ADA push button. EA 10 $ 105.00 $ 1,050.00 26 Furnish antl install ADA push button assembly complete ~ a $ ~ withsi ns. 245.00 1,960.00
27 Furnish and install pedestrian push button post EA 4 $ 365.00 ~ 1,460.Op 28 Furnish and install handhole cover (Small Plastic oval or EA 4 $ 42.00 ~ 168.00 rectan ular .
29 Furnish and install handhole cover (Small Galvanized oval ~ 4 $ 65.00 $ 260.00 or rectan ular ,
30 Furnish and install hantlhole cover (Large Plastic oval or ~ 8 ~ 65.00 ~ 520.00 rectan ular .
31 Furnish and install hantlhole cover (Large Galvanized oval EA 8 ~ 110.00 $ 880.00 or rectan ular .
32 Furnish antl install 3 section 12° head on shaft EA 4 $ 590.00 $ 2,360.00 33 Furnish and install 5 section 12" head on shaft EA 2 $ 945.00 ~ 1,890.00 34 Furnish and install 3 sec#ion 92" head on mast arm Eq 2 ~ 615.00 ~ 1,230.00
35 Furnish and install 5 section 12" doghouse with mast arm mount
~ 2 $ 970.00 ~ 1,940.00
36 Furnish and install 12° Tunnel Visor EA 4 $ 75.00 ~ 300.00 37 Furnish antl install NEMA conflict monitor EA 4 $ 1,370.00 $ 5,480.00 38 Furnish and install 24 volt power supply EA 4 $ 385.00 ~ 1,540.00 39 Furnish and install 12" LED Retl Ball (Dialight) EA 24 ~ 135.00 ~ 3,240.00 40 Furnish and install 12" LED Yellow Bail {Dialight} EA 8 $ 142.00 ~ 1,136.00 41 Furnish and install 12" LED Green Ball (Dialight) EA 24 ~ 140. 0 $ 3 360.00 42 Furnish and install 12" LED Red Arrow (Dialight) ~ 4 ~ 140.00 ~ 560.00 43 Furnish and install 12° LED Yellow Arrow (Dialight) EA 2 ~ 140.00 ~ 280.00 44 furnish and install 12" LED Green Arrow (Dialight) EA 4 $ 140.00 $ 560.00 45 Furnish and install 72"x18" ISNS Panel (GreenlWhite) EA ~2 ~ 365.00 ~ 4,380.00 A6 Install City furnished regulatory sign on signal mast arm EA 50 $ 90.00 $ 4, 500.00 47 Replace Type 1-A (10') pole. EA 4 $ 1,535.00 $ 6,140.00 48 Adjust alignment of signal head on mast arm. EA 4 $ 99.00 $ 396.00 49 Furnish and install Type 332 cabinet. Cabinet and auxiliary equipment shall conform to Caltrans specifications.
8- hase intersection. Weekend Work
EA 2 $ 26,385.00 ~ 52,770.00
50 Furnish and install Type P1 or M1 cabinet. Cabinet and auxiliary equipment shall conform to Caltrans
s ecifications. 8- hase intersection. Weekend Work
EA 2 $ 27,630.00 $ 55,260.00
51 Furnish and install 170 ATC McCain controller EA 2 $ 3,825.00 ~ 7,650.00 52 Furnish and install Cobalt Controller EA 2 $ 7,685.00 $ 15,370.00 53 Furnish and install model 2070LX Controller EA 2 $ 6,290.00 $ 12,580.00 54 Furnish and install Retroreflective Signal Backplate EA 50 $ 190.00 ~ 9,500.00 55 90-Degree Elbowfor vehicle signal ~ ~~ ~ $ 630.00
56 Conduct Safety Light and ISNS Night SuNey (Monthly) EA 12 ~ 360.00 $ 4,320.00 SUBTOTAL FOR BID ITEM N0.16 THROUGH N0.56 (LABOR &MATERIAL) $ 233,170.00
Bid
Item
No.
Equipment Unit Qty. Per
Year Unit Price Total Cost per Year
57 Service Truck TRIP 80 $ 15.00 $ 1,200.00
58 Bucket Truck TRIP 120 $ 65.00 $ 7,800.00
59 Hydraulic Boom Truck TRIP 5 $ 15.00 $ 75.00
60 Compressor with tools TRIP 5 $ 15.00 $ 75.00
61 Crane Truck TRIP 5 $ 500.00 $ 2,500.00
62 Concrete Saw TRIP 5 $ 15,00 ~ 75.00
63 Towable Arrow Board TRIP 5 $ 15.00 $ 75.00
SUBTOTAL BID ITEM N0.57 THROUGH N0.63 (EQUIPMENT) $
SECTION III- CONTRACT PROPOSAL COST SUMMATIONS
11,800.00
GRAND TOTAL BID ITEMS N0.1 THROUGH NO 63 (USED FOR 81D PURPOSES ONLY):
Dollars ($ 339,250.00
Three Hundred Thirty Nine Thousand and Two Hundred Fifty and Zero Cents Written Dollar Amount (Also, enter Total at fop of page 32} Bid is for comparison purposes. Actual pay to the Contractor for emergency work will be based on actual time and materials based on unit prices provided. All unit prices shall include all overhead costs and profits.
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 alb other applicable standards and codes are considered fo be included in the above bid items.
If (here is a discrepancy between (1) the "Grand Total° shown immediately above, (2) any of the utotal 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 shaft prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
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.
Res ctfully s miffed:
Signa re
Title
982079
1252 State Street P.O. Box 924, Alviso, CA 95002
Address
~7 .Z~
Date
03-31-25
License Number Date of Expiration
(SEA is by a corporation)
Attsst:
Amount of Certified or Cashier's Check or Bid Bond $ 10% Bid Bond Name of Bonding Company: Woodruff Sawyer
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:
Mike Peters President
Robert Asuncion
Andrew Bader
Vice President/Secreta
Treasurer/ CFO
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of Bear Electrical Solutions, Inc. (the "Company"), and that, as such, helshe 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 WITNES HEREOF, the undersigned has executed this Incumbency Certificate this~~ day of ~ , 20~~
ert Asuncion
S cr to 's ame-Printed
ecretary's Signature
Bond No.:
Premium Amount: $_
Bond's Effective Date:
UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
BEAR ELECTRICAL SOLUTIONS, INC.
The undersigned, being all of the directors of BEAR ELECTRICAL SOLUTIONS, INC., a California corporation, acting pursuant to the provisions of Section 307 of the California Corporations Code, hereby unanimously adopt the following resolution:
APPOINTMENT OF OFFICERS
RESOLVED, that the following persons are hereby appointed to the offices set forth opposite their respective names to serve until their successors are duly appointed and qualified:
ROBERT ASUNCION--Vice President
ANDREW BADER--Vice President
AUTHORITY OF VICE PRESIDENTS
RESOLVED, that the Vice Presidents are authorized to execute such contracts and agreements with customers of the corporation, from time to time, as they deem necessary or app►•opriate.
Dated: January 15
~ 2017
MIKE PETERS
ANDREW BADER
ROBERT ASUNCION
SEA.. ~F TH
~p ..•'EUMEX~~''•~~ST Secretary of State tl ,. ~
a.' ~ ,.
:, : ~ Certificate of Status
~qL/FOPN~~
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
Entity Name:
Entity No.:
Registration Date:
Entity Type:
Formed In:
Status:
BEAR ELECTRICAL SOLUTIONS, INC
3530549
01/24/2013
Stock Corporation - CA -General
CALIFORNIA
Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.
This certificate relates to the status of the entity on the Secretary of Sta#e's records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.
No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of February 06, 2024.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.: 180037824
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 1714
2nd & 12th Homeless Park
T&M
T&M NTE
$16,000.00
Sustainable Urban
Neighborhoods
1720 Tracy Logistics Park San Joaquin $57,54 .00 MCH Electric 1722 1720 Villa Street Lighting Santa Clara $11,500.00 Underground Const 1724 Lester Avenue Street Lighting $2,504.00 Best Electrical 1725 Brentwood PG&E Power Pole $8,900.00 Mears Group
1726
ID-590G-21 / D-1423R /
84019482 Atherton $5,000.00 Mears Group
1730 Stockton Ave PG&E Santa Clara $178,725.00 Devcon Construction 1731
Dusterberry Way Safety
Improvement $8,850.00 Gradetech Inc
1732
Glen Loma -Gilroy PPB Post
Replacement Santa Clara $3,500.00 Lennar Homes
1733 950 Page Mill Santa Clara $195,595.00 Redwood Electric 1733 950 Page Mill Santa Clara $195,595.00 Redwood Electric 1738 San Mateo Vacuum Trailer Alameda $15,000.00 GLS, Inc. 1739
PG&E Wilshire &Melrose-Balboa
Ave Street Light $10,750.00 Lewis & Tibbitts
1741
Loop Replacement in Salinas -
PO # 609452 $9,850.00
West Valley
Construction
1743 Damaged Hayward Loops Alameda $7,500.00 Solcom
1745
Watson Ranch -American
Canyon Napa T&M $8000 Smith Denison
1745
Watson Ranch -American
Canyon Napa T&M $8000 Smith Denison
1750 20-108 Homestead HS Bldg B Santa Clara $52,650.00 Best Electrical 1752
Los Altos Speed Feedback
Signs Santa Clara $20,500.00 O'Grady Paving, Inc
1753 Salinas - EV Chargers Monterey $164,250.00 LilyPad EV 1757
Carmel Valley Road & CA Hwy
1 $5,000.00 DSM Concrete
1759 Westwood Portables $12,250.00
Santa Clara Unified
School District
1764 Traffic Loops -San Ramon $9,750.00
HP Communications,
Inc.
1766 Chavarria 12895 Uvas Road $482.00 Best Electrical
1767 PKM Pacifica San Mateo $7,609.46 PKM Construction
Johnson &Company,
1769 Loop Installation Castroville $5,000.00 Inc.
Santa Clara Unified
1770 Wilcox HS Storage Containers Santa Clara $56,459.00 School District Foxworthy &Almaden Loop
1771 Repairs Santa Clara $7,750.00 Lewis & Tibbitts
1776 Caltrans 04-A6690 San Mateo $23,275.00 QA Constructors, Inc.
Carmel -Replace Damaged
1778 Traffic Loops Monterey $7,400.00 JT Plumbing
Stevens Creek Boulevard
1779 Traffic Loops Santa Clara $7,500.00 The Core Group San Mateo Smart Corridor
1783 Fiber Repair San Mateo T&M Preston Pipelines
RSU Change Out -Fremont
1784 Applied Information Alameda $9,750.00 Jam Services Salinas -Blanco Road Granite Rock
1786 Resurfacing -Loops Monterey $10,000.00 Company
Union City Loop Repair - PO #
1787 4200 $7,500.00 Solcom
Salinas - 525 Palma Drive -
1788 Electrical Work $5,563.00 JJR Construction
Ralston Avenue Pavement Interstate Grading &
1789 Rehab Project San Mateo $21,800.00 Paving
1790 S 1st Street & E Reed Street $1,900.00 A&B Construction Santa Clara HS -Stadium
1791 Investigation $3,500.00 SCUSD
D-681G-1 D-1545A 84022220
1793 Brentwood Contra Costa $4,500.00 Mears Group
D-681G-1 D-1545A 84022220
1793 Brentwood Contra Costa $4,500.00 Mears Group
Sanco - Karlstad SL Repair
1794 T&M T&M Sanco Pipelines
Old Oakland Road & Calle Artis TAK Communications,
1795 -Loops Santa Clara $11,000.00 Inc
1797 Newark Birch Grove School $5,000.00 Gradetech Inc
BMR Project Emeryville - SL
1802 Relocation Alameda $29,250.00 Prime Electric
Santa Clara Unified
1803 Briarwood Elementary School Santa Clara $7,500.00 School District Imjin Pkwy &California
1807 Avenue Monterey $10,500.00 Shea Homes
Wilcox HS -Stadium
1810 Investigation Santa Clara $3,500.00 SCUSD
Wilcox HS -Stadium
1810 Investigation Santa Clara $3,500.00 SCUSD
Smith Denison
1814 The Cottages Tract 8404 Alameda T&M Construction
Smith Denison
1814 The Cottages Tract 8404 Alameda T&M Construction
Monroe &Las Padres -Loop
1819 Repair Santa Clara $11,600.00 Sanco Pipelines
Monroe &Las Padres -Loop
1819 Repair Santa Clara $11,600.00 Sanco Pipelines
Country Club Centre Reeve Knight
5000 Renovation Sacramento $104,600.00 Construction
Martin General
5006 Power Inn Rd Improv Project Sacramento $415,000.00 Engineering Martin General
5006 Power Inn Rd Improv Project Sacramento $415,000.00 Engineering Morse Ave Sidewalk
Improvements -Contract # Vanguard
5007 4541 Sacramento $176,800.00 Construction
5008 10-OP5404 San Joaquin $220,900.00 Bridgeway Civil
WT22005 Residential
5009 Streetlight LED replacement San Joaquin $221,907.00 City of Stockton 5013 03-3F0604 Glenn $183,350.00 Golden State Bridge
5019 Arco, Newman Stanislaus Town &Country
Install Raised Median Along a California Highway
5023 Section of Pacific Ave San Joaquin Construction Group Moorefield
5025 Offsite Development E Main St Yolo $456,000.00 Construction 5027 Maverik C-Store Shasta $60,300.00 Jones Covey
5028
LED Street Lights Converson
PH 5 San Joaquin $701,790.00 City of Stockton
5031 Austin Rd Loops San Joaquin $11,700.00 Pacific Metro Electric 5032
Airport Way Pavement Improv
Project San Joaquin $106,400.00 George Reed Inc.
5034 Corning California Tehama $7,500.00 Walberg Inc.
5036 Steet Light Base Instalation Yolo $8,300.00 RLS-CMC INC. 5038 Replace 3 Loops San Joaquin 7,500.00 Snelson Co.
5039 Whitelock Traffic Loops Sacramento $13,356.00 City of Elk Grove 5040 Dixon Loops Sofano $12,700.00 Advantage Asphalt
5041 Gridley Loops Butte $12,230.00 Hilbert Inc.
5042 Arterial Resurfacing Placer $168,120.00 Teichert Construction 5043 Cherokee Rd. &Newton Loops San Joaquin $9,400.00 Advantage Asphalt 5045 Pioneer Trails - S. Lake Tahoe EI Dorado $19,720.00 County of EI Dorado 5046
Whitney &Watt Camera
Install Sacramento $24,500.00 Golden State Utility
5047 Chico LPR Butte $126,800.00 Vigilant Solutions
5048 Airport &Zephyr Fiber MOD San Joaquin 62,750.OQ City of Stockton 5049 RRFB Repairs -Stockton San Joaquin $5,540.00 KB Homes 5051
North Sacramento Loop
Replacement Sacramento $31,160.00 Modus, LLC
5052 Vallejo Loop Repair Solano $9,400.00 Advantage Asphalt 5053
Pope St @ Raute 29 Loop
Repairs Napa $9,400.00 Advantage Asphalt
5055
Pedestal Installation @Oak
Hills Park Contra Costa $22,880.00 City of Pittsburg
5056
Broadway Corridor Streetlight
Replacement Sacramento $41,359.00 City of Sacramento
5057 Fonstal Way -Fairfield Laops Solano $12,250.00 Advantage Asphalt 5058
Traffic Signal Mod @John
Adams Academy EI Dorado $29,000.00 Kimley-Horn
5060
Pedestrian Crossing
Enhancements Solano $140,480.00 City of Vacaville
5061 Loop Replacement Sacramento 9,400.00 B&M Builders
RLC Halo Red Light Enforcement
5062 Cameras Sacramento $77,575.00 Verra Mobility
SL Replacement @Lincoln &
5063 Alexandria San Joaquin $13,700.00 City of Stockton 5067 Lodi Water Line Hit (5044) San Joaquin $9,636.63 City of Lodi Loop Replacement @ 1782
5068 65th St Sacramento $9,400.00 Golden State Utility
Loops Installation -Churn Crosspoint General
5069 Creek Shasta $27,509.00 Engineering
AC Overlay Project 2023 Phase
5071 B Sacramento $33,128.00 Desilva Gates
Harter Marketplace Loop
5081 Replacement Sutter $12,250.00 DeWitt Bros & Co
5082 Radar Sweeps Sacramento $27,400.00 Verra Mobility
Austin Road & Comconex Tom Mayo
5086 Road Resurface San Joaquin $10,100.00 Construction Camera Replacement
5092 (Upgrades) Shasta $17,500.00 Verra Mobility
Arch Rd & 99 Frontage Road Underground
5110 Loops San Joaquin $10,700.00 Construction
Experience —Section 3.4 "List of Experience and Present Commitments of the Key Individuals Of your Organization"
Below is a list of all Southern California Regional office personnel with their company title, present commitment to other projects (in %time), the proposed role for this project, and years of experience in the signal industry and company, respectively.
~~ • 't ~
.,
.,
.. ,-
•.
,.
PE -Traffic Engineering, Signal timing
1 Robert Traffic Engineer 20~ A. Administrative and and coordination development, 24 10 Asuncion /VP Managerial ATMS design and implementation, public sector experience (6) years
2 Brent VP of Ops 2p~ A. Administrative and PMP, Electrician, Company 19 10 Paulson Managerial Operations, Quality Control 3 Art Torres Regional PM 33% B• Foreman/Supervisor Project/Account Management, 18 6 (Project Manager) Electrician, Communication B. Foreman/Supervisor
4 Kyle Nasse Project Manager 15% (Project Manager Project Management, Company 35 7 Support —Estimating) Operations
5 Minh Pham Electrician 15% C. Field Technician Communication Troubleshooting / 18 ~ CCTV/ Digalert Location
Chad Electrician / 6 C. Field Technician & Utility/ Crane Newton Operating 15% Crane Operator Operator/Undergrounding 15 1 Engineer (Crane)
~ Vinny Electrician 15% C. Field Technician Communication Troubleshooting / 17 6 Nguyen CCTV/ Digalert Location 8 Mando Electrician 154 C. Field Technician Electrician with consulting Coronado experience 8 5
9 Bernardo Electrician 159 C. Field Technician Painting/ Extra Work/ Repair 8 6 Torres 10 Ralph Field 159, B. Foreman/Supervisor Company Operations, Scheduling, 20 ~ Murillo Superintendent (Field Superintendent) Signal Turn-ons Electrician / B. Foreman/Supervisor
11 Rene
McGaugh Construction 15% (Field Foreman special Utility /Electrician/ Construction 23 6 Foreman projects)
12 Benito Electrician (High 15% C. Field Technician High/Medium Voltage Certified 14 5 Hernandez Voltage Certified) 13 Besse Electrician 159'o C. Field Technician Communication Troubleshooting / 19 6 Coronado CCTV/ Digalert Location 14 Joey Electrician 159'o B. Foreman/Supervisor Communication Troubleshooting / 18 6 Coronado ~~y~ Digalert Location 15 dames Electrician / 15% C. Field Technician Communication Troubleshooting / 19 1 Snowden Foreman CCTV/ Digalert Location 16 Kevin Electrician 159 C. Field Technician Digalert Specialist 4 4 Franco Apprentice Communication Troubleshooting / 17 Albert Soto Electrician 159'o C. Field Technician CCTV/ Digalert Location 24 1
4.1.3 Damage to real property arising out of your services or operations? ❑ YES ~ 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 ~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 ~ 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, 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 L~;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 employees 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 polo contendere, or a forfeiture of bail.)
❑ YES ~ 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 ~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 ~ NO
If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain.
❑ YES ~ 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 ~ 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 ~ 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 had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions?
❑ YES ~ 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 L~ 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 ~ NO
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? ■
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 I~ 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 I~ 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 orcompletely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? ❑ YES ~ 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 ~ 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.
6.7. 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 name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.8. Has a government entity or a client ever terminated, suspended, ornon-renewed your firm's contract or agreement before its completion?
❑ YES ~ 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? ■ ►~ •
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.
6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement?
❑ YES ~ 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 ~ NO
7.1.2. Canceled or non-renewed your firm's insurance coverage? ❑ YES C~ NO
7.1.3. Refused to issue your firm a bond?
❑ YES ~ NO
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 ~ 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.
E:~~~17a~'1
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:
Woodruff Sawyer
8.2 Name and address of agent.
Woodruff Sawyer, 2121 N. Califonia Blvd, suite 625,Walnut Creek, CA 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.
1 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 -~ -~°
BIDDER'S EXPERIENCE FORM
PROJECT NAME: Citywide Traffic Signal Maintenance &Repair FY2024 COMPANY NAME: Bear Electrical Solutions, Inc.
CONTRACT N0. 20240283
"`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 Bitls for this Project.
CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START DATE END DATE $AMOUNT AGENCY ADDRESS CONTACT NAME NUMBER 7-~ -22 6-30-28 2,400,00
City of Tustin -Citywide
IISNS Re lacement ro~ect 300 Centennial Wa
K s Saldivar ry 714-731-9455 itywidTra is ignal
Maintenance Tustin, CA 92780
7-~ -20 6-30-25 1,000,OOOMiscellaneous
City of Laguna Niguel
TrafficSi nai Maintenance 30111 Crown Valle
Jeff Metz 949-362-4338
Citywide and
Projects Pkwy, Laguna Niguel,
CA 92677
7-1-23 6-30-25 $920,000
City of Mission Viejo -
Traffic Si nal Maintenance 200 Civic Center,
Brett Caned y 949-470-8422
Citywide and
Miscellaneous Projects Mission Viejo,
CA 92691
All of the above stat~eRts.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 here ..certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. _
Si 9 nature of Bidder ~~
Print Name: ROb21't ASUC1Ci011
State of California Contractor's license No. 982479
Contractor's license expiration date 03-31-25
CONTRACTOR SAFETY QUESTIONNAIRE
Company Name: Bear Electrical Solutions Inc.
Primary Type of Work: Traffic Signals, Street Lights, Conduit ,Trenching, Pull Boxes Person Completing Form: Erin Chavez
Title: Bid Coordinator
Date: 3/4/24
Phone Number: 408-449-5178
SAFETY PERFORMANCE
1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years.
20 24
20~
20 22
0.61 0.63
0.62 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years.
3. a. Fatalities
b. OSHA recordable incidents
c. Lost work day incidents
d. Total lost work days
e. Total hours worked
20 23 20 22 20 21
D 0 ~..
0 1 0
~ Q 0
0 0 0
291298 257,864 206,238
Upon request from the City, the contractors) shall provide copies of the following items (a-g); and Items (d-g) 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
Company Safety Contact:
a. Name Ashley Barnes
b. Phone safety bear-electrical.com
e). Training Plans
fl. 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.
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATION Circle One
a. Do you have a written safety program manual? es No
1) Last revision date Feburary 2022
b. Do you have a written safety field manual? es No
c. Are all 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 es No the company?
b. Do you have a disciplinary process for enforcement es No of your safety program?
c. Does management set corporate safety goals? es No
d. Does executive management review:
~ Accident reports? No
~ Safety statistics? No
~ Inspection reports? es No
e. Do you safety pre-qualify subcontractors? Yes No
f. Do you have a written policy on accident reporting Yes No and investigation?
g. Do you have alight-duty, return-to-work policy? es No h. Is safety part of your supervisor's performance evaluation? Yes No i. Do you have a personal protective equipment (PPE) policy? Yes No j. Do you have a written substance abuse program? ~ No
If yes, does it include (check all applicable boxes).
❑ Pre-employment testing ❑Return-to-duty testing Our employees follow a union based ❑ Random testing ❑Disciplinary process substance abuse program. ❑ Reasonable cause testing ❑Alcohol testing
❑ Post accident testing ❑National Institute on Drug Abuse ❑ Panel Screen
k. Does each level of management have assigned safety es No duties and responsibilities?
3. TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee? ~ No
b. Do you conduct site safety orientation for every es No person new to the job site?
c. Does your safety program require safety training meetings? es No for each supervisor (foreman and above)?
How often?
❑ Weekly ❑ Monthly ~ Quarterly ❑Annually ❑Other
d. Do you hold tool bobtailgate safety meetings
focused on your specific work operationslexposures? Yes No How often?
~ 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? ~ 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?
Emergency procedures
Auditslinspections
Accident investigations/reporting
Training documentation
Hazardous work permits
~„LSubcontractor prequalification
Yes No
c. Do you conduct job site safety inspections? Yes No
How often?
~ Daily ❑Weekly ❑Monthly ❑Other
Do these inspections includes a routine safety
inspection of equipment (e.g., scaffold, ladders, fire
extinguishers, etc.)? Ye 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? Ye No
Do you perform rigging and lifting checks prior to lifting? es No ~ For personnel ~ For equipment ~ Heavy lifts (more than 10,000 Ibs.) 5 WORK RULES
a. Do you periodically update work rules?
When was the last update? 2023
b. What work practices are addressed by your work rules? es No
~ CPR/first aid ~ Access—entrances/stairs
~ Barricades, signs, ~ Respiratory protection
and signals
~ Blasting ~ Material handling/storage
~ Communications ~ Temporary heat
~ Compressed air and gases ~ Vehicle safety
~ Concrete work ~ Traffic control
~ Confined-space entry ~ Site visitor 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 ~ Site sanitation
~ Floor and wall openings ~ 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
6. OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years? Ye~ 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):
N/A
DESIGNATION OF SUBCONTRACTORS
NAME OF BIDDER: Bear Electrical Solutions, 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.
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;
5. Subcontractor's public works contractor registration number; and
6. 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 himselflherself, and that he/she shall perform that Work himselflherself. 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
Please type or legibly print (attach additional sheets as necessary).
None
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 hislher 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 Code; 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 helshe claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline.
N/A QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bider shall answer the following questions and submit with his/her Contract proposal.
1. ere bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bi Yes ❑ No ❑
2. If the an er to No. 1 is "Yes", please forward a copy of the rules of each bid depository you used with this questionna
3. Did you have an source of subcontractors' bids other than bid depositories?
4. Has any person or gr p threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you use the services or abide by the rules of one or more bid depositories? Yes ❑ No ❑
5. If the answer to No. 4 is "Yes", p ase 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 e al opportunity for bids by minority or project area subcontractors? Yes ❑ No ❑
7. Was a conscious effort made to recruit and hire project area to r-income residents? Ye No ❑
Please submit statement.
8. We declare under penalty of perjury that the foregoing is true an orrect.
Dated this day of , 20
All of the above statements as to experience, financial qualifications, and available plant an quipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the in mation is guaranteed by the bidder.
Name of Company
By: _
Title:
CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION
STATE OF CALIFORNIA }
couNTY of Santa Ciara j sS
Robert Asuncion being first duly sworn, deposes and says:
That he/she is the Vice President (Title of office if a corporation, "sole owner," "Partner," or other proper title) of RP~r E1~~r~tri~al~S.~l~~tinr~s,rl nc~ , (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the Citywide Traffic Signal Maintenance &Repair FY2024;
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;
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 hislher business. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ~#-~' Dated this day of ~'~~~~ l~ ` at a~`~~fl~ (1 ~~
Month/Year City State
Robert Asuncion
for (Please Print)
Contractor's Signature
Vice President
Title
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) 0 underwriter ~ 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 Contracts 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.
Woodruff Sawyer & Co
Name of Insurance Company
Cass Hamann
Insurance Agent's Name (Printed)
(signature)
314124
Date
Insurance Agent's Name
50 California St FI 12 San Francisco CA 94111
Address City State Zip Code
415 402 6547 [email protected]
Telephone Number Email Address
Bear Electrical Solutions, Inc. Citywide Traffic Signal Maintenance & Repair FY2024 Contractor's Name City Specification Number
Below State fhe Name of Insurance Company Providing Coverage:
DO NOT write "Will Provide," "To Be Determined,° "When Required," or similar phrases.
Hartford Fire Ins. Co
Commercial General Liability
Sentinel Insurance Co
Workers' Compensation Liability
City Will Purchase Policy, if required
Builders Risk
Hartford Casualty Insurance Co.
Automobile Liability
Pacific Insurance Co. LTD
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, andlor 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.
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
Website: www.cityofvernon.or~
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: Bear Electrical Solutions, Inc.
Business Telephone: 408-449-5178
Address: 1252 State Street
City: Alviso State: Ca Zip 95002
Contact Person Robert Asuncion E-mail Address
(optional)
Tax ID Number (or Social Security Number) 461898744
Remit Address (if different)
P.O. Box 924. Alviso. CA 95002
Please state clearly and concisely the types) of goods and services your company provides:
Electrical Maintenance and Construction (Traffic Signals and Streetlights) 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
Project Workforce Utilization (Form AA-2~
This form is to be included in all 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: Bear Electrical Solutions, Inc. Project: CITYWIDE TRAFFIC SIGNAL MAINTENANCE &REPAIR FY2024 Job Titles/Classification ( Estimated number of existing staff to be employed in I Estimated number of new hires to be employed in this classification if awarded the contract this classification if awarded the contract Electrician/ Inside wireman
Are any current employees or potential
new hires Vernon residents? If so, how
many? No N/A
Current Permanent Workforce Utilization (Form AA-3~
Name of Company: Bear Electrical Solutions, Inc.
Project: CITYWIDE TRAFFIC SIGNAL MAINTENANCE &REPAIR FY2024 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 ~ 8 2 4 1 26 2
Professionals
Technicians
Office/Clerical 3 7 10
Skilled Craft Workers ,~ 8 ,)
17 4 40
Operators
(semi-skilled)
Laborers ~ g 30 48
Service Workers
TOTAL
Public Works Department
4305 Santa Fe Avenue, Vernon, CA, 90058
CityofVernon.org
February 29, 2024
Via Planetbids
NOTICE TO BIDDERS – ADDENDUM No.1
CITYWIDE TRAFFIC SIGNAL MAINTENANCE & REPAIR FY2024
CONTRACT No. 20240283
This notice shall be considered as Addendum No. 1 to the Specifications for the abovementioned project and modifies the original Specifications and Contract Documents as noted below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force.
Contract Specifications:
1. “SCHEDULE OF BID PRICES”, Page 31-35 shall be replaced with the attached updated sheets.
If you have any questions, please contact Lissette Melendez of my staff at [email protected].
Sincerely,
Daniel Wall, P.E.
Director of Public Works
Enclosures
SCHEDULE OF BID PRICES
PROJECT: Citywide Traffic Signal Maintenance & Repair FY2024, Contract No. 20240283 BIDDER’S NAME: _________________________________________________
BASE BID
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:
________________________________________________ Dollars ($_____________________) Proposed Construction Costs Breakdown
SECTION I – ROUTINE MAINTENANCE
Item No. Description Unit Qty Unit Price Per
Month
Total Cost
Per Year
1 Routine Maintenance-Inspection and Cleaning
per Attachment “C” EA 42 $ $
SECTION II- EXTRAORDINARY MAINTENANCE
A. Material: Contractor’s cost for the supply plus (+) 15% per the Green Book B. Labor: Contractor’s hourly rates (including all fringe benefits, markup, overhead, etc.) for all job classifications involved in extraordinary maintenance.
C. Regular timer hours are Monday – Friday 7:00AM – 4:00PM (excluding Holidays). Overtime hours are Monday – Friday 4:00PM – 7:00AM, Weekend and Holidays
Bid
Item
No.
Classification Title Unit
Hours
Per
Year
Straight Time Total Cost
Per Year
2 Operations Superintendent HR 5 $ $
3 Foreman HR 5 $ $
4 Engineering/Systems Technician HR 10 $ $
5 Laboratory Technician HR 10 $ $
6 Traffic Signal Technician- Lead (IMSA Level III Certified) HR 80 $ $ 7 Traffic Signal Technician- (IMSA Level II Certified) HR 80 $ $ 8 Utility Technician HR 30 $ $
SUBTOTAL FOR BID ITEMS NO. 2 THROUGH NO. 8 $ _____________________________________
Bid
Item
No.
Classification Title Unit
Hours
Per
Year
Overtime Total Cost
Per Year
9 Operations Superintendent HR 5 $ $
10 Foreman HR 5 $ $
11 Engineering/Systems Technician HR 10 $ $
12 Laboratory Technician HR 10 $ $
13 Traffic Signal Technician- Lead (IMSA Level III Certified) HR 80 $ $ 14 Traffic Signal Technician- (IMSA Level II Certified) HR 80 $ $ 15 Utility Technician HR 30 $ $
SUBTOTAL FOR BID ITEMS NO. 9 THROUGH NO. 15 $ _____________________________________ Bid
Item
No.
Labor and Material Unit
Qty
Per
Year
Unit Price Total Cost
Per Year
16 Install 6’ diameter traffic loop (4 or less) EA 12 $ $ 17 Install 6’ diameter traffic loop (more than 4) EA 12 $ $ 18 Furnish and Install 6’ diameter bike loop (4 or less) EA 12 $ $ 19 Furnish and Install 6’ diameter bike loop (more than 4) EA 12 $ $ 20 Furnish and Install No. 5 pullbox EA 4 $ $
21 Furnish and Install No. 6 pullbox EA 4 $ $
22 Furnish and Install No. 5 pullbox lid EA 4 $ $
23 Furnish and Install No. 6 pullbox lid EA 4 $ $
24 Furnish and install LED Countdown Pedestrian Head-
(Dialight) EA 12 $ $
25 Furnish and install ADA push button. EA 10 $ $
26 Furnish and install ADA push button assembly complete with signs.
EA 8 $ $
27 Furnish and install pedestrian push button post EA 4 $ $ 28 Furnish and install handhole cover (Small Plastic oval or rectangular). EA 4 $ $
29 Furnish and install handhole cover (Small Galvanized oval or rectangular). EA 4 $ $
30 Furnish and install handhole cover (Large Plastic oval or rectangular). EA 8 $ $
31 Furnish and install handhole cover (Large Galvanized oval or rectangular). EA 8 $ $
32 Furnish and install 3 section 12” head on shaft EA 4 $ $ 33 Furnish and install 5 section 12” head on shaft EA 2 $ $ 34 Furnish and install 3 section 12” head on mast arm EA 2 $ $
35 Furnish and install 5 section 12” doghouse with mast arm mount EA 2 $ $
36 Furnish and install 12” Tunnel Visor EA 4 $ $
37 Furnish and install NEMA conflict monitor EA 4 $ $
38 Furnish and install 24 volt power supply EA 4 $ $
39 Furnish and install 12” LED Red Ball (Dialight) EA 24 $ $ 40 Furnish and install 12” LED Yellow Ball (Dialight) EA 8 $ $ 41 Furnish and install 12” LED Green Ball (Dialight) EA 24 $ $ 42 Furnish and install 12” LED Red Arrow (Dialight) EA 4 $ $ 43 Furnish and install 12” LED Yellow Arrow (Dialight) EA 2 $ $ 44 Furnish and install 12” LED Green Arrow (Dialight) EA 4 $ $ 45 Furnish and install 72”x18” ISNS Panel (Green/White) EA 12 $ $ 46 Install City furnished regulatory sign on signal mast arm EA 50 $ $ 47 Replace Type 1-A (10’) pole. EA 4 $ $
48 Adjust alignment of signal head on mast arm. EA 4 $ $ 49 Furnish and install Type 332 cabinet. Cabinet and auxiliary equipment shall conform to Caltrans specifications.
(8-phase intersection. Weekend Work)
EA 2 $ $
50 Furnish and install Type P1 or M1 cabinet. Cabinet and auxiliary equipment shall conform to Caltrans
specifications. (8-phase intersection. Weekend Work)
EA 2 $ $
51 Furnish and install 170 ATC McCain controller EA 2 $ $ 52 Furnish and install Cobalt Controller EA 2 $ $
53 Furnish and install model 2070LX Controller EA 2 $ $ 54 Furnish and install Retroreflective Signal Backplate EA 50 $ $ 55 90-Degree Elbow for vehicle signal EA 10 $ $
56 Conduct Safety Light and ISNS Night Survey (Monthly) EA 12 $ $ SUBTOTAL FOR BID ITEM NO. 16 THROUGH NO. 56 (LABOR & MATERIAL) $ ___________________________
Bid
Item
No.
Equipment Unit Qty. Per
Year Unit Price Total Cost
Per Year
57 Service Truck TRIP 80 $ $
58 Bucket Truck TRIP 120 $ $
59 Hydraulic Boom Truck TRIP 5 $ $
60 Compressor with tools TRIP 5 $ $
61 Crane Truck TRIP 5 $ $
62 Concrete Saw TRIP 5 $ $
63 Towable Arrow Board TRIP 5 $ $
SUBTOTAL BID ITEM NO. 57 THROUGH NO. 63 (EQUIPMENT) $ __________________________
SECTION III- CONTRACT PROPOSAL COST SUMMATIONS
GRAND TOTAL BID ITEMS NO. 1 THROUGH NO 63 (USED FOR BID PURPOSES ONLY):
Dollars ($______________________)
Written Dollar Amount (Also, enter Total at top of page 32) Bid is for comparison purposes. Actual pay to the Contractor for emergency work will be based on actual time and materials based on unit prices provided. All unit prices shall include all overhead costs and profits.
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.
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.
Respectfully submitted:
Signature Address
Title Date
License Number Date of Expiration
(SEAL – if Bid is by a corporation)
Attest:
Amount of Certified or Cashier’s Check or Bid Bond $
Name of Bonding Company: