HomeMy WebLinkAboutI-4 Staff Report - Award Contract for PD HVAC RenovationUBCONSENT CALENDAR
I-4
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY
BOARD
FROM: MANNY ROBLEDO, DIRECTOR OF UTILITIES
DATE: JUNE 15, 2020
SUBJECT: AWARD OF CONTRACT FOR THE RENOVATION OF THE HEATING
VENTILATION AND AIR CONDITIONING SYSTEM AND CONTROLS
SERVING THE CITY OF AZUSA POLICE DEPARTMENT
HEADQUARTERS
BACKGROUND:
In April 2020, Azusa Light & Water (ALW) issued a notice inviting formal bids (NIB) for the
retrofit and renovation of the HVAC systems and controls serving the south wing of the City of
Azusa Police Department Headquarters.
RECOMMENDATION:
Staff recommends the Utility Board take the following action:
1)Approve the Award of Contract to Inland Mechanical Services, Inc. of Corona,
California for the retrofit and renovation of the HVAC systems and controls serving
the south wing of the City of Azusa Police Department Headquarters; and
2) Authorize the Mayor to execute the Contract, in a form acceptable to the City
Attorney.
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 of its useful life, and it is
causing the discomfort and wasting energy. 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
APPROVED
UTILITY BOARD
6/15/2020
Award of Azusa PD HVAC Renovation Project
June 15, 2020
Page 2
Department occupants and to improve the overall delivered capacity and improve the efficiency
of the equipment.
Public advertisement for this project started on April 20, 2020 on the City of Azusa’s website,
and was published in the San Gabriel Valley Tribune on April 24, 2020. Following public
advertisement, a mandatory pre-bid meeting was held on May 7, 2020 with 11 people in
attendance. On May 21, 2020, at the Azusa City Clerk’s Office, bids were publicly opened
revealing 1 submitted bid.
The bids submitted are as follows:
1 Inland Mechanical Services, Inc. $ 165,590.00
Staff reviewed the bid package for content and completeness, along with an evaluation of past
projects and references to assure the contractor meets all of the bid qualifications. Staff
recommends awarding the bid to Inland Mechanical Services, Inc.
FISCAL IMPACT:
The fiscal impact of the award of contract is $165,590.00, which includes a 10% contingency.
This Energy Efficiency project will be funded from the Public Benefit Fund 24-40-739-082-
6625/MMUNIB-6625 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) Bid and Contract for Police Department HVAC Renovation Project
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
Attachment 1
<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
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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 -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