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Home My WebLink AboutH-2 UB Staff Report - PD HVAC Renovation ProjectCONSENT ITEM H-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MANNY ROBLEDO, DIRECTOR OF UTILITIES DATE: APRIL 20, 2020 SUBJECT: APPROVE THE SPECIFICATIONS AND AUTHORIZE THE SOLICITATION OF BIDS FOR THE RENOVATION OF THE HEATING VENTILATION AND AIR CONDITIONING SYSTEM AND CONTROLS SERVING THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS BACKGROUND: The heating ventilation and air conditioning (“HVAC”) equipment serving the South Wing of the Azusa Police Department has not been performing to its design capacity for over a year, which has resulted in discomfort to the occupants and an inefficient use of electricity. Occupants have experienced low air volume, some areas being too cold, some areas being too warm, and overall humid environment within the building. The recommended retrofit and renovation of the Police Department HVAC system is required to correct the comfort deficiencies and improve energy efficiency. RECOMMENDATION: Staff recommends the Utility Board take the following action: 1) Approve the project plans and specifications; and 2)Authorize the advertisement and solicitation of bids for the retrofit and renovation of the HVAC systems and controls serving the south wing of the City of Azusa Police Department Headquarters. ANALYSIS: An on-site engineering and testing analysis of the Police Department HVAC system showed that the existing pneumatic air damper control system has reached the end its useful life, and it is causing the discomfort issues described above. The recommended action will replace the pneumatic system with a modern digitally controlled step-motor damper air control volume system. This renovation and retrofit project is required to improve the overall comfort of the Police Department occupants and to improve the overall delivered capacity and improve the efficiency of the equipment. APPROVED CITY COUNCIL 4/20/2020 Azusa PD HVAC Renovation Project April 20, 2020 Page 2 If approved by the Utility Board, Staff will solicit bids from qualified contractors for the Project construction. Staff will then review the submitted bids and request approval from the Utility Board to award a contract at a future meeting. Project work is anticipated to occur during June and July of 2020. FISCAL IMPACT: There is no immediate fiscal impact to the bidding of this project. This Energy Efficiency project, if awarded, will be funded from the Public Benefit Fund budget with no fiscal impact on the General Fund. Prepared by: Reviewed and Approved: Paul Reid Manny Robledo Environmental Programs Manager Director of Utilities Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) Notice Inviting Bids and Contract Documents, Plans, and Specifications for Azusa PD HVAC Renovation and Retrofit Project CITY OF AZUSA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that separate sealed Bids will be received at the City of Azusa City Clerk’s Office, 213 E. Foothill Boulevard, Azusa, CA 91702, California, phone (626) 812- 5229 until 10:00 AM, on Thursday, May 21, 2020, at which time they will beopened and reviewed for the provision of the following: “Azusa PD HVAC System and Controls Renovation & Retrofit” All proposals must be sealed and clearly identify the bidder’s name and address. Each bid shall be made on the proposal form per the Instruction to Bidders, Section 00 21 13. Copies of the Bid and Contract Documents may be examined without charge at https://www.ci.azusa.ca.us/749/BidRequest-For-Proposals. Electronic PDF copies of the Bid and Contract Documents may be requested without charge by sending a request via email to Paul Reid at preid@azusaca.gov, each person and firm will be placed on the plan holder list. A mandatory pre-bid meeting/conference call will be held at 10:00 AM, on Thursday, May 7, 2020 beginning at the first floor conference room of Azusa Light & Water Department, 729 N. Azusa Avenue, Azusa, California 91702. The exact meeting/conference call information will be sent to each person and firm placed on the plan holder’s list and/or will be posted on https://www.ci.azusa.ca.us/749/BidRequest-For-Proposals. For further information or questions, contact Paul Reid at (626) 812-5154 or by email at preid@azusaca.gov. The final date to submit questions is at 8:00 AM, on Thursday, May 14, 2020. Bidders are encouraged to submit their pre-bid questions as early as possible by email only. All persons responding to this invation shall be aware that their bids are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any and all proposals, to waive informality or irregularity in any bid received, and to be the sole judge of the merits of the bids received. CITY OF AZUSA /S/ Jeffrey Lawrence Cornejo, Jr., City Clerk Date: April 20, 2020 Published San Gabriel Valley Tribune: April 23, 2020 Attachment 1 45635.01000\31182317.1 CITY OF AZUSA AZUSA, CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS <Month> <Year> 45635.01000\31182317.1 -i- TABLE OF CONTENTS TABLE OF CONTENTS Page 00 11 16 – NOTICE INVITING BIDS ........................................................................................... 4 00 21 13 – INSTRUCTIONS TO BIDDERS ............................................................................... 14 ARTICLE 1. SECURING DOCUMENTS ........................................................................... 14 ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS .......................... 14 ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS ............................ 14 ARTICLE 4. PRE-BID CONFERENCE ............................................................................. 15 ARTICLE 5. ADDENDA .................................................................................................... 15 ARTICLE 6. ALTERNATE BIDS ....................................................................................... 15 ARTICLE 7. COMPLETION OF BID FORMS ................................................................... 16 ARTICLE 8. MODIFICATIONS OF BIDS .......................................................................... 16 ARTICLE 9. SUBCONTRACTORS ................................................................................... 16 ARTICLE 10. LICENSING REQUIREMENTS ................................................................... 16 ARTICLE 11. BID GUARANTEE (BOND) ......................................................................... 16 ARTICLE 12. IRAN CONTRACTING ACT OF 2010 ......................................................... 17 ARTICLE 13. NONCOLLUSION DECLARATION ............................................................. 17 ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ..................................................................................................... 17 ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM ................................. 17 ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION ....................................... 18 ARTICLE 17. SIGNING OF BIDS ..................................................................................... 18 ARTICLE 18. SUBMISSION OF SEALED BIDS ............................................................... 18 ARTICLE 19. OPENING OF BIDS .................................................................................... 19 ARTICLE 20. WITHDRAWAL OF BID ............................................................................... 19 ARTICLE 21. SUBSTITUTION OF SECURITY ................................................................. 19 ARTICLE 22. PREVAILING WAGES ................................................................................ 20 ARTICLE 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 20 ARTICLE 24. INSURANCE REQUIREMENTS ................................................................. 20 ARTICLE 25. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS .................................................................................................... 20 ARTICLE 26. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ............................................................................................ 20 ARTICLE 27. PERMIT AND INSPECTION FEE ALLOWANCE ........................................ 20 ARTICLE 28. FILING OF BID PROTESTS ....................................................................... 21 ARTICLE 29. BASIS OF AWARD; BALANCED BID ......................................................... 21 ARTICLE 30. AWARD PROCESS .................................................................................... 21 TABLE OF CONTENTS (Continued) Page 45635.01000\31182317.1 -ii- 00 11 16 – NOTICE INVITING BIDS ARTICLE 31. EXECUTION OF CONTRACT .................................................................... 22 ARTICLE 32. QUESTIONS ............................................................................................... 22 00 41 43 – BID FORMS ............................................................................................................ 23 ARTICLE 1. INFORMATION ABOUT BIDDER ................................................................. 31 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) .............................................. 34 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ....................... 35 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE ................................................................................................... 36 ARTICLE 5. VERIFICATION AND EXECUTION ............................................................... 36 00 52 13 – CONTRACT ............................................................................................................... I 00 61 13 – BOND FORMS .......................................................................................................... 6 00 72 13 – GENERAL CONDITIONS ........................................................................................ 15 ARTICLE 1. DEFINED TERMS ........................................................................................ 15 ARTICLE 2. CONTRACT DOCUMENTS .......................................................................... 19 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION .................................................................................................. 20 ARTICLE 4. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ............................................................................................................... 20 ARTICLE 5. CONTRACTOR’S SUPERVISION ................................................................ 20 ARTICLE 6. WORKERS ................................................................................................... 21 ARTICLE 7. INDEPENDENT CONTRACTORS ................................................................ 21 ARTICLE 8. SUBCONTRACTS ........................................................................................ 21 ARTICLE 9. VERIFICATION OF EMPLOYMENT ELIGIBILITY ........................................ 21 ARTICLE 10. MATERIALS ............................................................................................... 22 ARTICLE 11. PROTECTION OF WORK AND PROPERTY .............................................. 22 ARTICLE 12. CONTRACTOR’S MEANS AND METHODS ............................................... 23 ARTICLE 13. AUTHORIZED REPRESENTATIVES ......................................................... 23 ARTICLE 14. PAYROLL RECORDS; LABOR COMPLIANCE .......................................... 23 ARTICLE 15. PREVAILING RATES OF WAGES ............................................................. 24 ARTICLE 16. PUBLIC WORKS CONTRACTOR REGISTRATION ................................... 25 ARTICLE 17. EMPLOYMENT OF APPRENTICES ........................................................... 25 ARTICLE 18. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 26 ARTICLE 19. LABOR/EMPLOYMENT SAFETY ............................................................... 26 ARTICLE 20. INSURANCE ............................................................................................... 27 ARTICLE 21. CHANGES AND EXTRA WORK. ................................................................ 29 TABLE OF CONTENTS (Continued) Page 45635.01000\31182317.1 -iii- 00 11 16 – NOTICE INVITING BIDS ARTICLE 22. OCCUPANCY ............................................................................................. 30 ARTICLE 23. INDEMNIFICATION .................................................................................... 30 ARTICLE 24. CITY’S RIGHT TO TERMINATE CONTRACT ............................................ 31 ARTICLE 25. DOCUMENT RETENTION & EXAMINATION ............................................. 32 ARTICLE 26. STATE LICENSE BOARD NOTICE ............................................................ 32 ARTICLE 27. ASSIGNMENT OF CONTRACT .................................................................. 32 ARTICLE 28. JURISDICTION; VENUE ............................................................................. 32 ARTICLE 29. LAWS AND REGULATIONS ....................................................................... 33 ARTICLE 30. OWNERSHIP OF CONTRACT DOCUMENTS ........................................... 33 ARTICLE 31. SURVIVAL OF OBLIGATIONS ................................................................... 33 EXHIBIT “A” CHANGE ORDER FORM ....................................................................................... 1 45635.01000\31182317.1 -4- 00 11 16 – NOTICE INVITING BIDS 00 11 16 – NOTICE INVITING BIDS RECEIPT OF PROPOSALS. Notice is hereby given that sealed proposals will be received at the office of City Clerk, City Hall, 213 East Foothill Boulevard, Azusa, California, 91702, until 10:00 AM, on Monday, May 21, 2020, for the RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS. DESCRIPTION OF WORK Project Objective The HVAC equipment serving the South Wing of the Azusa Police Department has not been performing to its designed capacity resulting in discomfort of the occupants. Multiple occupants have concerns with the volume of air being fed into the space, being too cold while the unit is cooling, being too warm when the unit is heating, and experiencing an overall humid environment within the building. Also expressed, was lack of individual temperature control by occupants, caused by an outdated pneumatic control system. This retrofit and renovation is required to provide overall improved comfort for the occupants within the office and to improve the overall delivered capacity of the equipment. To correct the problems with the 10 Ton McQuay Split System and the 20 Ton Seasons 4 Package Units serving the Offices & Operations areas along with the Locker Rooms & Bunk Rooms located Basement and First Floor of the South end of the building, the following modifications are required: • Retrofit the Controls for the 10 Ton McQuay and the 20 Ton 4 Seasons - Converting from pneumatic to 75F controls to allow for unlimited users along with reporting and alarming functions and access to the system via Phone, Computer or tablet. • Convert both units with fully digital economizer functions – to increase the use of cool outside air when available and to reduce the run time of the compressors. • Take control of the boiler functions and provide an outside air lockout – to prevent the unit from running on hot summer days. • Install Variable Frequency Drives along with NEMA rated motors on both units. • Change out the Pneumatic Thermostats in the space with DDC Thermostats. • Replace the Perforated Supply grills with 3-Cone Diffusers – in order to decrease the static pressure in the system, reduce noise and provide a better coverage area. • Replace the Perforated Return grills with Egg-Crate Registers – in order to decrease static pressure and reduce noise while also improving the overall system operation. • Install DualCool® evaporative pre-coolers for the condenser section along with an outside air coil – to provide an increase in capacity on hot summer days by decreasing the air across the condenser by up to 20-degrees allowing the system 45635.01000\31182317.1 -5- 00 11 16 – NOTICE INVITING BIDS to operate at peak performance. The coil being added to the outside air intake will allow the unit to economize later in the day by providing a 15-degree split resulting in greater energy savings. The modified system will allow for up to a 30% reduction in HVAC energy cost during peak season. • DualCool® system will be controlled and be part of the new DDC Controls system, with full automation. Proposed Scope of Work and Installation Phasing Replace the existing pneumatic controls with direct digital controls, replace the existing perforated supply and return registers, and install variable frequency drives on the basement multi zone unit and the rooftop package unit serving the south wing of the Azusa Police Department to improve the overall comfort of the building occupants, and to improve the overall delivered capacity of the equipment. The project is to be conducted in phases to immediately begin improving the comfort in the space. Phase 1: Convert One Unit at a Time from Pneumatic Controls to Direct Digital Controls • Remove existing pneumatic damper controls & actuators, and replace with Pelican, 75F and Belimo Direct Digital Controls and Actuators: o Basement Unit – 10 Ton McQuay  6 zones o First Floor Unit – 20 Ton Seasons 4  9 zones • Cap pneumatic lines, to maintain air pressure in the system for equipment not in this scope of work • Install new transformer in mechanical room to provide power for new digital damper actuators • Disconnect and remove existing pneumatic unit controls • Install new 75F Central Control Unit (CCU) to act as the gateway to allow the thermostats to create the wireless mesh network • Install new 75F Direct Digital Controller on each unit • Install new 75F VAV zone controller to operate each zone o Basement unit – 6 zones o First Floor unit – 9 zones • Run new thermostat wire from zone controller to location of each existing pneumatic thermostat o All low voltage wire to be plenum run • Install new 75F wall mounted temperature sensor in each zone o New wall mounted sensors to measure:  Space temperature  Relative humidity  CO2 o Occupants to have the ability to program the zone to desired temperature within preset parameters set by the City 45635.01000\31182317.1 -6- 00 11 16 – NOTICE INVITING BIDS o Allow the unit to sense the temperature in the controlled space rather than within the unit, as is the case currently • Install new temperature probes in each zone supply duct to measure supply air temperature to provide data to identify if the action requested by the occupant is being performed accurately by the unit • Install new 75F Outside Air Optimization to control economizer on each unit • Install new 75F Unit Controller on boiler to take over control of operation of the boiler o Program parameters to prevent boiler from operating during summer • Retrofit existing hot water globe valve actuators to accept the signal from new digital controller • Start up and confirm proper operation to manufacturer specifications o All 75F controls including DualCool® controls to be connected to the Internet Via Separate 3-4G LTE Cell Pak with independent connection to the building. Include in the price, a 4-year Data plan. The City to incur cost of data plan after the 4-year pre-paid service. Phase 2: Replace Existing Supply and Return Air Registers • Remove the perforated grilles for both the supply and return ducts • Install volume damper on each supply duct • Install new 3 Cone supply register • Install new Eggcrate return grilles on each return duct • Relocate registers as needed to provide most efficient distribution of airflow into the space • Search for and seal up all supply and return leaks identified in the ductwork o Add duct sealant to seems that are dry, cracked and leaking air o Confirm flexible ducts are secured to the registers and hard ducts to prevent further leaks Phase 3: Improve Airflow • Provide proper disposal of all equipment, material, and refuse associate with the scope of work • Remove existing blower motors on the McQuay and 4 Seasons; replace with NEMA motors capable of accepting the signal from VFD o Pullies and belt sizing will remain original o Replace belts with cogged belt if necessary • Install Variable Frequency Drives (VFD) on each unit o VFDs are utilized to increase or decrease the speed of the blower motor based on the demand in the space • Program drives with new parameters for ventilation, heating, and cooling • Perform fan speed adjustments to confirm correct airflow at each new speed setting • Chemically clean condenser and evaporator coils 45635.01000\31182317.1 -7- 00 11 16 – NOTICE INVITING BIDS • Perform refrigerant service to determine correct charge on the unit o If the airflow is incorrect, the unit likely has the wrong refrigerant charge o Add or remove refrigerant based on new airflow • Seal up all holes in the unit where air is escaping • For Basement Unit, install a motorized damper in the outside air duct and return air duct to provide the unit with a true economizer o The unit currently brings in a fixed amount of outside air, regardless of outside temperature o Installing an economizer will allow the unit to bring in the fresh outside air needed to appropriately ventilate the space o Installing an economizer will also allow the unit to utilize more fresh and cool outside air to cool the building when the temperature outside is less than the temperature inside • Perform airflow test again to confirm proper airflow to manufacturer specifications Phase 4: Commissioning • Confirm communication of each thermostat and temperature sensor to insure proper operation of units • Test operation of each component in both cooling and heating mode to confirm proper operation of units • Commission Thermostats and set up 75F Wireless Network, naming each system for easy identification Phase 5: DualCool® Installation DualCool® was developed as a retrofit solution for commercial roof-top air conditioning units, with two basic goals: reducing peak electrical demand (kW) and reducing electrical energy use (kWh). DualCool® is providing cooling in two ways: direct evaporative condenser air pre-cooling and indirect cooling of the fresh air stream. The airstream and the water are cooled by evaporation as water flows evenly downward from the stainless-steel reflector above the perforated top distribution pipe. The condenser fans on the rooftop unit cause the air to flow across the media before passing across the condenser coil. A radiator-like heat exchanger cools the fresh air stream required by building codes to maintain indoor air quality in commercial buildings. It is also the feature that distinguishes the patented DualCool® product from conventional condenser air pre-coolers. By reducing the inlet temperature by an average of 20 degrees Fahrenheit the compressor amp draw will be decreased and reduce energy consumption up to 30%, while also extending the life of the compressor Main Line Water System Installation • Tap into existing hose bib water source on roof o DualCool® water system to be isolated and not interfere with existing rooftop water system functions o ¾” Double Check Backflow Valve installed at tap-in o Backflow supported at a minimum of 12” above roof deck 45635.01000\31182317.1 -8- 00 11 16 – NOTICE INVITING BIDS o Water lines are supported on roof blocks Pre-Cooler Frame and Pads • Bird screen panels relating to the condenser coil access to be removed • Disconnect should be relocated if mounted to side of unit causing an obstruction • Mount the frames and block-off panels to the outside of the condenser Unit • Install temperature probe behind the media pads (frame) Economizer Coil Installation • Mount a water coil that fits the opening of the economizer area • Hail guard to be removed temporarily until coil is mounted then re-installed • Temperature probe to be installed behind water coil and before economizer • Install coil filter pad (if provided) Water Loop Unit Installation • Install 1” Schedule 80 PVC water loop connecting pre-cooler frame to economizer coil • No access panels to be blocked • Series of valves to be installed per system to control water flow through water coil Controls Installation • NEMA 3 enclosure to be used to house the CCU and Smart Nodes o Install on the exterior of unit near unit control panel • Install transformer to power controls and pump(s) o 350VA o Multi-Tap • Install current transducers to monitor compressor activity for cool stages 1 and 2 Drain Lines Installation • Install ½” Schedule 80 PVC drain lines following the slope of the roof o All bleed from the units to drain into new drain lines directing the water to the roof drain or condensate drainage o Install roof blocks to support drain lines Phase 6: Meet with City Personnel • Provide the City with equipment manuals for all equipment installed related to the scope of work • Review implementation of scope of work and adjust as necessary to satisfy the scope of work Training and Support 45635.01000\31182317.1 -9- 00 11 16 – NOTICE INVITING BIDS • Provide onsite training for management and maintenance staff on operation of equipment including: o System Overview o System Software and Operation o System access o Software features overview o Changing set points and other attributes o Scheduling o Editing programmed variables o Running reports o Operational sequences including start-up, shutdown, adjusting and balancing o Equipment maintenance Expected Energy Savings Converting controls from pneumatic to digital, will have an impact on the energy consumed in the building. Contractor should provide estimated savings based on current available information for the following: • Reset temperature set points / Retro commission • Controls on night and weekend schedules • Duct Static Pressure Resets • Dead band Control • Demand Response Project Schedule • Lead time of equipment arrival to be approximately 4 weeks or sooner • Provided contractor has full and complete access to work area, the project will be completed as outlined in the “Proposed Scope of Work and Installation Phasing” section • The scope of work to be performed during normal business hours between the hours of 6:00 am and 4:00 pm for all unoccupied areas • The Scope of Work will be performed at prevailing wage consistent with the requirements of the County of Los Angeles • Additional provisions and fees are applicable for work performed after hours, including weekends and holidays Contractor Responsibilities • Provide proper disposal of all equipment, material, and refuse associated with the scope of work • Provide the City with equipment manuals for all equipment provided to satisfy the scope of work 45635.01000\31182317.1 -10- 00 11 16 – NOTICE INVITING BIDS • Ensure space is left clean at the end of each shift • Replace any Ceiling tiles that are damaged during the installation of the new controls system City Responsibilities • The City to provide communication to all occupants of contractor’s access to offices • The City to provide the contractor necessary access to perform the scope of work Completion Criteria Contractor shall have fulfilled its obligations when any one of the following first occurs: Contractor accomplishes the Contractor activities described within the “Proposed Scope of Work and Installation Phasing” section, including delivery to the City the materials listed in the section entitled “Proposed Scope of Work and Installation Phasing,” and the City accepts such activities and materials without unreasonable objections. No response from the City within 2-business days of deliverables being delivered by Contractor is deemed acceptance. Warranties Provide One Year Warranty on Installation Labor. Contractor to warranty all craftsmanship furnished for a period of one year from the date of completion thereof, excluding defects caused by others, acts of God, or accidents in which the contractor has no control over. If a defect occurs, the City shall promptly notify the contractor. In the event the problem is due to workmanship; the contractor will repair the defect at no charge to the City for the duration of the warranty. 75F Provides: One Year Warranty on Parts Integrated Comfort Inc/Seeley America to Provide: A 3-year warranty period, to replace any defective components at no charge to the City. As a “wear component” the evaporative media will be replaced if necessary, on a pro-rated basis in comparison with its 5-year expected life. The warranty does not cover: • Damage to pumps if the water supply has been interrupted by a customer’s agent, or • Failure of the evaporative media if an agent of the City has reduced the required bleed flow rate Belimo Provides: 5 Year Warranty on Manufacture Defects 45635.01000\31182317.1 -11- 00 11 16 – NOTICE INVITING BIDS IN WITNESS WHEREOF, the parties hereto have caused this SOW to be effective as of the day, month and year first written above. RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS COMPLETION OF WORK. All work shall be completed within 30 calendar days after date set forth in the Notice to Proceed. DRAWINGS AND SPECIFICATIONS. Electronic PDF copies of the Drawings and Specifications may be requested without charge by sending a request via email to Paul Reid at preid@azusaca.gov, each person and firm will be placed on the plan holder list. GUARANTEE. Each bid shall be made on the proposal form furnished by the City herewith and shall be in accordance with the Drawings, Specifications and other Contract Documents and shall be accompanied by a certified check, cashier's check or bidders' bond, payable to the City in a sum not less than ten percent (10%) of the amount of the bid, as a guarantee that the bidder will enter into the Contract for the work, the full amount of such guarantee to be forfeited to the City should said bidder fail to enter into said Contract. The successful bidder will be required to furnish a Faithful Performance Bond in the amount of not less than one hundred percent (100%) of the Contract price, and a Labor and Material Bond in an amount of not less than one hundred percent (100%) of the Contract price, said bonds to be secured from a surety company authorized to do business in the State of California, and to be subject to the approval of the City Attorney. PREVAILING WAGE RATES. Bidders are hereby notified that pursuant to Section 1773 et seq. of the Labor Code of the State of California, the City Council of the City of Azusa incorporates herein by reference the general prevailing rate of per diem wages as determined by the Department of Industrial Relations (DIR) of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request or online at http://www.dir.ca.gov/dlsr. In accordance with the Labor Code, no workman employed upon work under contract to the City shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. The concrete delivery requirements pursuant to AB 219 shall also apply. Any classification omitted therein shall be paid not less than the prevailing wage scale as established for similar work in the particular area and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the DIR. The successful bidder and all subcontractor(s) under the bidder, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the 45635.01000\31182317.1 -12- 00 11 16 – NOTICE INVITING BIDS Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. All Contractor and subcontractors (of any tier) shall be registered with the DIR for any projects with bids and any contract for public work. All Contractors and subcontractors must register with the DIR prior to bidding on or performing any public work. Registration must be done online and includes a registration fee. Contractor shall file the PWC-100 form online within five (5) days of award to the DIR and shall submit with this bid a filled out PWC-100. More information on the PWC-100 form and registration database are available on the DIR website http://www.dir.ca.gov/Public-Works/PublicWorks.html. All Contractors must electronically submit all certified payrolls to DIR and the contract is submit to compliance monitoring. SOLE SOURCE. Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating certain materials, products, things, or services, by specific brand name or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth on the Contract Plans or Specifications. PAYMENT. Payment will be made to the Contractor in accordance with the Specifications. SUBSTITUTION OF SECURITIES. Contractor may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the City to ensure performance under the Contract. Such securities shall be deposited with the City or with a state or federally chartered bank as escrow agent who shall pay such monies upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for substitution shall include those listed in Public Contract Code Section 22300. OPENING OF PROPOSALS. The proposals will be publicly opened and read at the time and date stated above, in the office of the City Clerk of the Azusa City Hall, and the results will thereafter be referred to the City Council Utility Board for consideration at their next regular meeting. CITY'S RIGHTS RESERVED. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City. No bidder may withdraw his bid for a period of 60 days after the bid opening. REQUIREMENT FOR CONTRACTOR’S LICENSING. The City of Azusa requires that all contractors be licensed with the State of California in their particular area of expertise. The City has determined that a C-20 license is necessary to bid this project. If the bidder is a specialty contractor, the bidder is alerted to the requirements of Business and Professions Code section 7059. Per Section 7028.15(e) of the Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless his or her contractor's license appears clearly on the bid, the license expiration date is 45635.01000\31182317.1 -13- 00 11 16 – NOTICE INVITING BIDS stated and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non responsive and shall be rejected by the City of Azusa. All bidders are required to completely fill out the "Contractor's License Declaration" contained in the bid documents. INFORMATION. For further information or questions, contact Paul Reid at (626) 812- 5154 or by email at preid@azusaca.gov. All questions related to this project shall be submitted in writing via email to Paul Reid at preid@azusaca.gov. The final date to submit questions is Thursday, May 14, 2020 at 8:00 AM. Bidders are encouraged to submit their pre-bid questions as early as possible in writing, or by email. CITY OF AZUSA Dated: Signature on File City Clerk Dates Published: END OF NOTICE INVITING BIDS 45635.01000\31182317.1 -14- 00 21 13 – INSTRUCTIONS TO BIDDERS 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 1. SECURING DOCUMENTS Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Copies of the Bid and Contract Documents may be examined without charge at https://www.ci.azusa.ca.us/749/BidRequest-For-Proposals. Requests for electronic copies via PDF of the Drawings and Specifications may be sent via email without charge. Please email Paul Reid, at preid@azusaca.gov as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project. ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS At its own expense and prior to submitting its Bid, each Bidder shall arrange to visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article. ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City. 45635.01000\31182317.1 -15- 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 4. MANDATORY PRE-BID MEETING A mandatory Pre-Bid Meeting/Conference Call is scheduled for Thursday, May 7, 2020 at 10:00 a.m. beginning at the first floor conference room of Azusa Light & Water Department, 729 N. Azusa Avenue, Azusa, California 91702. The exact meeting/conference call information will be sent to each person and firm placed on the plan holder’s list and/or will be posted on https://www.ci.azusa.ca.us/749/BidRequest-For-Proposals. Review of the Project's existing conditions will be completed during this meeting. Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing, and shall be sent to all Bidders present at the Pre-Bid Conference. Bids will not be accepted from any bidder who did not attend the mandatory Pre-Bid Conference/Conference Call. ARTICLE 5. ADDENDA The City reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Any Addenda will be posted on https://www.ci.azusa.ca.us/749/BidRequest-For-Proposals. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract. It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. It is the responsibility of each prospective bidder to check https://www.ci.azusa.ca.us/749/BidRequestFor-Proposals on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on https://www.ci.azusa.ca.us/749/BidRequest-For-Proposals may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by https://www.ci.azusa.ca.us/749/BidRequest-For-Proposal. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Light & Water Department to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid. ARTICLE 6. ALTERNATE BIDS If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder. 45635.01000\31182317.1 -16- 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 7. COMPLETION OF BID FORMS Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive. ARTICLE 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered. ARTICLE 9. SUBCONTRACTORS Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the W ork described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. ARTICLE 10. LICENSING REQUIREMENTS Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5. ARTICLE 11. BID GUARANTEE (BOND) Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Azusa; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made 45635.01000\31182317.1 -17- 00 21 13 – INSTRUCTIONS TO BIDDERS payable to City of Azusa as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract. ARTICLE 12. IRAN CONTRACTING ACT OF 2010 In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury. ARTICLE 13. NONCOLLUSION DECLARATION Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury. ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form. ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not 45635.01000\31182317.1 -18- 00 21 13 – INSTRUCTIONS TO BIDDERS satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract. ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The form of such Workers' Compensation Certificate is included as part of this document. ARTICLE 17. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. ARTICLE 18. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of: (Bidder’s Name) __________ for the: 45635.01000\31182317.1 -19- 00 21 13 – INSTRUCTIONS TO BIDDERS RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery. ARTICLE 19. OPENING OF BIDS At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated. The public reading of each bid will include the following information: A. The name and business location of the bidder. B. The nature and amount of the bid security furnished by bidder. C. The bid amount. Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. ARTICLE 20. WITHDRAWAL OF BID Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein. Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City. ARTICLE 21. SUBSTITUTION OF SECURITY The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. 45635.01000\31182317.1 -20- 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 22. PREVAILING WAGES The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City Clerk’s Office of the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). ARTICLE 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. ARTICLE 24. INSURANCE REQUIREMENTS Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions. ARTICLE 25. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award. ARTICLE 26. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. ARTICLE 27. PERMIT AND INSPECTION FEE ALLOWANCE Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is 45635.01000\31182317.1 -21- 00 21 13 – INSTRUCTIONS TO BIDDERS specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. ARTICLE 28. FILING OF BID PROTESTS Bidders may file a “protest” of a Bid with the City’s City Clerk. In order for a Bidder’s protest to be considered valid, the protest must: A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, the City may reject the protest without further review. If the protest is timely and complies with the above requirements, the City’s City Clerk, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City Clerk will provide a written decision to the protestor. The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. ARTICLE 29. BASIS OF AWARD; BALANCED BID The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price. The award will be on the basis of the base bid and any alternates and/or the combination of alternates. The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. ARTICLE 30. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless 45635.01000\31182317.1 -22- 00 21 13 – INSTRUCTIONS TO BIDDERS of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder. ARTICLE 31. EXECUTION OF CONTRACT As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached. ARTICLE 32. QUESTIONS Questions regarding this Notice Inviting Bids may be directed to Paul Reid at (626) 812-5154 or email at preid@azusaca.gov. No other members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications. 45635.01000\31182317.1 -23- 00 41 43 – BID FORMS 00 41 43 – BID FORMS 1.1 Bid. Bids will be received at the City of Azusa, 213 E. Foothill Boulevard, Azusa, CA 91702, until 10:00 AM, on Thursday, May 21, 2020. NAME OF BIDDER: ______________________________________________ City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702 The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project: RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein. The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents: Addenda No. ________________________________________________ 1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price. 2. Attached is the completed Designation of Subcontractors form. 3. Attached is the fully executed Noncollusion Declaration form. 4. Attached is the completed Iran Contracting Act Certification form. 5. Attached is the completed Public Works Contractor Registration Certification form. 6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form. 7. Attached is the completed Bidder Information and Experience form. 45635.01000\31182317.1 -24- 00 41 43 – BID FORMS TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR THE RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS $ Total Bid Price in Numbers $ Total Bid Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier. The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award. Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the W ork within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Los Angeles County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City’s Administration Office and shall be made available to interested parties upon request. Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _________ from the _______________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to City of Azusa as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work. 45635.01000\31182317.1 -25- 00 41 43 – BID FORMS The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of Azusa. Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________. Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s): If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California. The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page) 45635.01000\31182317.1 -26- 00 41 43 – BID FORMS I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Executed at _________________________, on this ____ day of __________, _____. (Bidders Name – Print or Type) ________________________________ (Name and Title) (Corporate Seal) ________________________________ (Signature) Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below: Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX 45635.01000\31182317.1 -27- 00 41 43 – BID FORMS 1.2 Bid Bond [Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.] The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of Azusa, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for the RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS. If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 45635.01000\31182317.1 -28- 00 41 43 – BID FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 45635.01000\31182317.1 -29- 00 41 43 – BID FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF BID BOND 45635.01000\31182317.1 -30- 00 41 43 – BID FORMS 1.3 List of Subcontractors In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Work to be done by Subcontractor Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number % of Work (Attach additional sheets if necessary) Name of Bidder Signature Name and Title Dated 45635.01000\31182317.1 -31- 00 41 43 – BID FORMS 1.4 Bidder Information and Experience Form ARTICLE 1. INFORMATION ABOUT BIDDER (Indicate not applicable (“N/A”) where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: ___________________________________________ 2.0 Type, if Entity: ___________________________________________ 3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number _____________________________________________________________ Email Address 4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________ 5.0 How many years has Bidder’s organization been in business under its present name? ________________________ 5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________ 6.0 If Bidder’s organization is a corporation, answer the following: 6.1 Date of Incorporation: ________________________________ 6.2 State of Incorporation: ________________________________ 6.3 President’s Name: ________________________________ 6.4 Vice-President’s Name(s): ________________________________ ________________________________ 6.5 Secretary’s Name: ________________________________ 6.6 Treasurer’s Name: ________________________________ 45635.01000\31182317.1 -32- 00 41 43 – BID FORMS 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: ______________________________________ 7.2 Name and address of all partners (state whether general or limited partnership): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8.0 If other than a corporation or partnership, describe organization and name principals: ___________________________________________________________ ___________________________________________________________ 9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________ 11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: ___________________________________________________________ ___________________________________________________________ 12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: ___________________________________________________________ ___________________________________________________________ 45635.01000\31182317.1 -33- 00 41 43 – BID FORMS 13.0 List Trade References: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 14.0 List Bank References (Bank and Branch Address): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 15.0 Name of Bonding Company and Name and Address of Agent: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 45635.01000\31182317.1 -34- 00 41 43 – BID FORMS ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work 45635.01000\31182317.1 -35- 00 41 43 – BID FORMS ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work 45635.01000\31182317.1 -36- 00 41 43 – BID FORMS ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person’s job title, name and percent of time to be allocated to this project: 2. Summarize each person’s specialized education: 3. List each person’s years of construction experience relevant to the project: 4. Summarize such experience: Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. ARTICLE 5. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder Signature Name Title Date 45635.01000\31182317.1 -37- 00 41 43 – BID FORMS 1.5 Non-Collusion Declaration The undersigned declares: I am the ___________________ of ______________________________, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state]. Name of Bidder Signature Name Title <Month> <Year> Pipeline Project XXXX 45635.01000\31182317.1 -38- 00 41 43 – BID FORMS 1.7 Public Works Contractor Registration Certification Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perf orm public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Bidder: DIR Registration Number: DIR Registration Expiration:_________________________ Small Project Exemption: _____ Yes or _____ No Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Bidder Signature Name and Title Dated 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” <Month> <Year> Pipeline Project XXXX 45635.01000\31182317.1 -39- 00 41 43 – BID FORMS 1.8 Contractor’s Certificate Regarding Workers’ Compensation. I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Name of Bidder Signature Name Title Dated ______________________________ 45635.01000\31182317.1 00 52 13 – CONTRACT This AGREEMENT is made and entered into this ____ day of _________, 2020, by and between City of Azusa, sometimes hereinafter called “City,” and., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: RETROFIT AND RENOVATION OF THE HVAC SYSTEM AND CONTROLS SERVING THE SOUTH WING OF THE CITY OF AZUSA POLICE DEPARTMENT HEADQUARTERS 45635.01000\31182317.1 -2- 00 52 13 – CONTRACT The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of _____________________ Dollars ($________________). Payment shall be made as set forth in the General Conditions. d. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. e. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of 45635.01000\31182317.1 -3- 00 52 13 – CONTRACT applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. f. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. g. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 45635.01000\31182317.1 -4- 00 52 13 – CONTRACT IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF AZUSA [CONTRACTOR LEGAL NAME] By: By: Robert Gonzales Mayor Name: Title: ATTEST: By: Jeffery Lawrence Cornejo Jr. City Clerk Approved as to Form: Best Best & Krieger LLP By: ________________________ Jeff F. Ferre, City Attorney (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT 45635.01000\31182317.1 -5- 00 52 13 – CONTRACT Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 45635.01000\31182317.1 -6- 00 61 13 – BOND FORMS 00 61 13 – BOND FORMS 1.1 Performance Bond. KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Azusa, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations 45635.01000\31182317.1 -7- 00 61 13 – BOND FORMS under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 45635.01000\31182317.1 -8- 00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) 45635.01000\31182317.1 -9- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 45635.01000\31182317.1 -10- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND 45635.01000\31182317.1 -11- 00 61 13 – BOND FORMS 1.2 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Azusa (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or 45635.01000\31182317.1 -12- 00 61 13 – BOND FORMS under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 45635.01000\31182317.1 -13- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 45635.01000\31182317.1 -14- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND 45635.01000\31182317.1 -15- 00 72 13 – GENERAL CONDITIONS 00 72 13 – GENERAL CONDITIONS ARTICLE 1. DEFINED TERMS Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract. D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. F. Bidder -- The individual or entity who submits a Bid directly to the City. G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor- claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). I. City -- The City of Azusa. J. City Council, Council -- The City Council of the City. K. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative. L. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 45635.01000\31182317.1 -16- 00 72 13 – GENERAL CONDITIONS M. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. N. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. O. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. P. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment. Q. Contractor -- The individual or entity with which the City has contracted for performance of the Work. R. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On- Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City. S. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. T. Day -- A calendar day of 24 hours measured from midnight to the next midnight. U. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. V. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. W. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. X. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. 45635.01000\31182317.1 -17- 00 72 13 – GENERAL CONDITIONS Y. Engineer, whenever not qualified, shall mean the Engineer of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties. Z. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City. AA. Green Book -- The current edition of the Standard Specifications for Public Works Construction. BB. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive. CC. Holiday – The Holidays occur on: New Year’s Day - January 1 President’s Day – Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran’s Day - November 11 Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve – December 24 Christmas Day - December 25 Day After Christmas – December 26 New Year’s Eve – December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. DD. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. EE. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project. FF. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. 45635.01000\31182317.1 -18- 00 72 13 – GENERAL CONDITIONS GG. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. HH. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. II. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. JJ. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. KK. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. LL. Stop Payment Notice -- A written notice as defined in Civil Code section 8044. MM. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. NN. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. OO. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award. PP. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. QQ. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. RR. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents. SS. Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer. 45635.01000\31182317.1 -19- 00 72 13 – GENERAL CONDITIONS TT. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 2. CONTRACT DOCUMENTS A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: 1. Change Orders 2. Addenda 3. Special Conditions 4. Technical Specifications 5. Plans (Contract Drawings) 6. Contract 7. General Conditions 8. Instructions to Bidders 9. Notice Inviting Bids 10. Contractor’s Bid Forms 11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded) 12. Applicable Local Agency Standards and Specifications 13. Standard Drawings 14. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply. D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade. 45635.01000\31182317.1 -20- 00 72 13 – GENERAL CONDITIONS ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. ARTICLE 4. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. ARTICLE 5. CONTRACTOR’S SUPERVISION Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. 45635.01000\31182317.1 -21- 00 72 13 – GENERAL CONDITIONS ARTICLE 6. WORKERS A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. ARTICLE 7. INDEPENDENT CONTRACTORS Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. ARTICLE 8. SUBCONTRACTS A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. B. The City reserves the right to accept all subcontractors. The City’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. ARTICLE 9. VERIFICATION OF EMPLOYMENT ELIGIBILITY By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. 45635.01000\31182317.1 -22- 00 72 13 – GENERAL CONDITIONS ARTICLE 10. MATERIALS A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the W ork and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor. F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. ARTICLE 11. PROTECTION OF WORK AND PROPERTY A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. 45635.01000\31182317.1 -23- 00 72 13 – GENERAL CONDITIONS B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. ARTICLE 12. CONTRACTOR’S MEANS AND METHODS Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. ARTICLE 13. AUTHORIZED REPRESENTATIVES The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access. ARTICLE 14. PAYROLL RECORDS; LABOR COMPLIANCE A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 45635.01000\31182317.1 -24- 00 72 13 – GENERAL CONDITIONS D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: 1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated. G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. H. The responsibility for compliance with this Article shall rest upon the Contractor. ARTICLE 15. PREVAILING RATES OF WAGES A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested 45635.01000\31182317.1 -25- 00 72 13 – GENERAL CONDITIONS parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. ARTICLE 16. PUBLIC WORKS CONTRACTOR REGISTRATION Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. ARTICLE 17. EMPLOYMENT OF APPRENTICES A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. D. The responsibility for compliance with this Article shall rest upon the Contractor. 45635.01000\31182317.1 -26- 00 72 13 – GENERAL CONDITIONS ARTICLE 18. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein. Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein. Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 19. LABOR/EMPLOYMENT SAFETY The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States. The Contractor shall maintain emergency first aid treatment for his employees which complies 45635.01000\31182317.1 -27- 00 72 13 – GENERAL CONDITIONS with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program. ARTICLE 20. INSURANCE The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his 45635.01000\31182317.1 -28- 00 72 13 – GENERAL CONDITIONS employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 45635.01000\31182317.1 -29- 00 72 13 – GENERAL CONDITIONS 4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof. ARTICLE 21. CHANGES AND EXTRA WORK. A. Contract Change Orders. 1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. B. Change of Contract Times. 1. The Contract Times may only be changed by a Change Order. 45635.01000\31182317.1 -30- 00 72 13 – GENERAL CONDITIONS 2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order. ARTICLE 22. OCCUPANCY The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. ARTICLE 23. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against: A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the W ork and all of Contractor’s obligations under the agreement. Such 45635.01000\31182317.1 -31- 00 72 13 – GENERAL CONDITIONS costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. ARTICLE 24. CITY’S RIGHT TO TERMINATE CONTRACT A. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor. 3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property 45635.01000\31182317.1 -32- 00 72 13 – GENERAL CONDITIONS of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article. ARTICLE 25. DOCUMENT RETENTION & EXAMINATION A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. ARTICLE 26. STATE LICENSE BOARD NOTICE Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. ARTICLE 27. ASSIGNMENT OF CONTRACT Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. ARTICLE 28. JURISDICTION; VENUE Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the 45635.01000\31182317.1 -33- 00 72 13 – GENERAL CONDITIONS bidding, award, or performance of the Work shall be maintained in the Superior Court of Los Angeles County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. ARTICLE 29. LAWS AND REGULATIONS A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations. ARTICLE 30. OWNERSHIP OF CONTRACT DOCUMENTS All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work. ARTICLE 31. SURVIVAL OF OBLIGATIONS All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. END OF GENERAL CONDITIONS 45635.01000\31182317.1 1 EXHIBIT “A” Change Order Form EXHIBIT “A” CHANGE ORDER FORM City of Azusa Contract Change Order # Project: Change Order No.: Orig. Contract Amt.: $ Days Contract No.: Contractor: Prev. Appvd. Changes: $ Days Owner: City of Azusa This Change: $ Days Revised Contract Amt.: $ Days This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of Azusa, otherwise referred to as Owner. Item No. Description of Changes Increase/ (Decrease) in Contract Amount Contract Time Extension, Days 1 2 Totals $ This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Azusa. Contract Change Order # Page 1 of 2 213 E. Foothill Boulevard Azusa, CA 91702 45635.01000\31182317.1 2 EXHIBIT “A” Change Order Form The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract. Accepted: (Signature) Contractor’s Authorized Representative Date Recommended: (Signature) [**INSERT NAME, TITLE**] Date Approved: (Signature) [**INSERT NAME, TITLE**] Date Item No. Justification for Change(s) 1 2 This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Azusa. Contract Change Order # Page 2 of 2