CITY OF LAKE ELSINORE CALIFORNIA CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS FOR

Transcription

1 CALIFORNIA CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS FOR CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Approved: City Engineer Proposals will be received at the Office of the City Clerk, City Hall, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530, until 2:00 p.m. on December 04, 2018

2 PREAMBLE CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 The contract documents contained herein include the following: Notice Inviting Bids Bid Documents associated with the Bidder s Proposal Documents associated with the Agreement for Public Works Construction Special Provisions Appendices The Special Provisions contained herein supplements or modifies the Standard Specifications for Public Works construction (Greenbook) latest edition. The Special Provisions include the General Provisions and Technical Provisions. The General Provisions have been arranged with the same subject numbering format that parallels the Standard Specifications with added subsections. The Technical Provisions are written to the subject as addressed in Parts 2 through 6 of the Standard Specifications. Each and every provision of law required to be inserted in the Contract Documents shall be deemed to be inserted therein, and the Contract Documents shall be read and enforced as though they were included therein.

3 TABLE OF CONTENTS A. B. C. NOTICE INVITING BIDS INSTRUCTIONS TO BIDDERS BID DOCUMENTS Page No. A-1 B-1 Bidder's Proposal (Bid Sheet) C-1 Bidder's Signature C-5 Acknowledgement of Addenda Received C-6 Non-Collusion Affidavit C-7 Bidder s Bond C-8 Bidder's Bond Signature Page C-9 List of Subcontractors C-10 References C-11 Contractor Information C-13 Violations of Federal, State or Local Laws C-14 Disqualification or Debarment C-15 Utility Agreement C-16 Public Contract Code C-17 D. CONTRACT DOCUMENTS Agreement for Public Works Construction D-1 Performance Bond D-16 Labor and Material Bond D-18 Construction or Service Contract Endorsement Workers' Compensation Insurance Certification E. GENERAL SPECIFICATIONS E-1 D-20 D-22 F. SPECIAL PROVISIONS GENERAL F1-1 TECHNICAL F2-1

4 SECTION A NOTICE INVITING BIDS

5 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN THAT THE CITY OF LAKE ELSINORE, hereinafter referred to as the City or City, will receive at the stated location prior to the Bid Deadline established below, sealed Bids for the Contract for construction of the Work generally described as: CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS NOTICE INVITING BIDS CIP PROJECT NO. Z10030 Bid Opening: Tuesday, December 04, 2018, at 2:00 p.m. 130 S. Main Street, Lake Elsinore, CA A non-mandatory pre-bid meeting is scheduled for November 28, 2018, at 1:00 p.m., at City Hall 130 South Main Street, Lake Elsinore, California This Project includes the realignment of Canyon Estates Drive and the extension of Camino Del Norte. The limits of the realignment/extension are from approximately 500 feet south of Franklin Street to 1,200 feet south of Main Street. Appurtenant and related work includes, but is not limited to, the construction of roadway grading; roadway pavement; drainage cross culverts, headwalls, wingwalls, flared end sections, and drainage inlets; sidewalks and curb and gutter; traffic signal at the intersection of Canyon Estate Drive-Camino Del Norte at Franklin Street intersection; signing and striping; traffic control and detours where shown on plans, and all other items not mentioned but indicated in the Plans and Specifications. Note: This project includes Environmental Mitigation Measures that must be cleared prior to starting construction. Certain activities may not be constructed until clearance from City s Environmental Consultant LSA and Geotechnical Consultant GeoMat are issued. Contractor must be flexible to work around Environmental sensitive areas and to re-assign construction activities elsewhere in the project if environmental mitigation measures are not completed in any specific areas. Prior to and during any construction activities, the contractor shall implement measures to minimize the risk of fires during construction. Contractor shall coordinate with local fire department to identify and maintain defensible spaces around active construction areas. Coordinate with local fire department to identify and maintain firefighting equipment in active construction. The City of Lake Elsinore contracts with PlanetBids, Inc. to administer its Online Bidding System. PlanetBids requires potential vendors and bidders to register and log-in to its website ( in order to download contract and bid proposal documents, thereby assuring a means of notifying vendors and bidders are identified as Plan holders of all subsequent information and addenda issued by the City. Although the plans, specifications, and bid documents may be obtained from other electronic sources, including the City s website ( only the electronic documents downloaded directly from PlanetBids will be considered to be official documents of the City of Lake Elsinore. Each bid shall be made on the proposal form furnished in the Specifications and enclosed in an envelope supplied by the bidder, bearing the title of the work and the name and address of the bidder. It is the sole responsibility of the bidder to ensure that the bid is received in proper time in the City Clerk s Office at 130 S. Main Street, Lake Elsinore and by the time hereinabove set A-3

6 A-4 CITY OF LAKE ELSINORE forth. Any bid received after the scheduled closing time for receipt of bids may be returned to the bidder unopened. Specifications documents may be obtained through the City s website at under the Bids/RFPs section, there will be a non-refundable charge of $ Addenda will be delivered by only to those that provide the required information to the Senior Civil Engineer and PlanetBids. Receipt of any subsequent information and addenda must be acknowledged by a bidder in their submitted Proposal. All bids must be made in accordance with and as directed in the Specifications, and all bidders shall comply with Federal, State and local laws applicable thereto. All bids must be received by 2:00 p.m. on December 04, All work shall be completed within one hundred and sixty (160) Working Days from the date of commencement of work specified in the Notice to Proceed and shall complete all contract work. Contractor shall order the long lead items immediately upon award of Contract. Notice to Proceed will be issued based on the expected delivery date of the long lead items. Contractor shall pay to City of Lake Elsinore the sum of $1, per day, for each calendar day s delay in finishing the work in excess of 160 working days prescribed above. Contractor s daily activities will be between the hours of 7:00 a.m. and 3:30 p.m. Monday thru Friday, excluding holidays, Saturday, Sunday. No facsimile bids shall be accepted by the City. Substitution of securities for withheld funds shall be permitted per Section of the Public Contract Code. The City has determined that a Class A or a combination of Specialty Class C licenses sufficient to cover all of the work to be performed by the prime contractor is necessary to bid this project. All subcontractors shall be properly licensed. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations Internet web site at Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Section requires the selected Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship.

7 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section (with limited exceptions from this requirement for bid purposes only under Labor Code section (a)). The City reminds all contractors and subcontractors of the adoption of Senate Bill 854 and encourages all contractors and subcontractors to ensure that they are familiar with and comply with the recently enacted requirements. Such requirements include, but are not limited to, the requirement that contractors and subcontractors register with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code Section , beginning July 1, In compliance with SB 854, the City require contractors and subcontractors to be registered with the DIR prior to submitting a bid on any public works project. Bids from contractors or subcontractors that are not currently registered as required will be deemed nonresponsive, and no contractor or subcontractor will be allowed to work on a City project unless they are registered with the DIR pursuant to Labor Code Section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. For further information, please contact Farid Dost, Senior Civil Engineer at fdost@lake-elsinore.org or by phone at (951) Ext 246 and copy Nicole McCalmont, Senior Engineering Technician, at nmccalmont@lake-elsinore.org, Phone No. (951) Ext 245. A-5

8 SECTION B INSTRUCTIONS TO BIDDERS CITY OF LAKE ELSINORE

9 A. QUALIFICATION OF BIDDERS 1. Competency of Bidders INSTRUCTIONS TO BIDDERS The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. As specified in the Bid Documents, the Bidder shall furnish statements of previous experience on similar work. When requested, the Bidder shall also furnish the plan of procedure proposed; the organization, machinery, plant and other equipment available for the Work; evidence of its financial condition and resources; and any other such documentation as may be required by the City to determine if the Bidder is responsible. 2. Contractor's License At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The required prime contractor license class for the Work is shown in the project Notice Inviting Bids. However, the City reserves the right to award the Contract to a contractor with another class if the City determines that the license is proper for the Work. 3. Contractor Registration In compliance with SB 854, in order to bid on or enter into a contract for public work, all contractor and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at Bidder and all designated subcontractors shall be registered with the Department of Industrial Relations at the time of submitting the bid pursuant to Labor Code Section This is a separate requirement from the Contractors State License Board licensing requirements. Bids failing to meet this requirement will be deemed nonresponsive. B. BIDDER RESPONSIBILITY A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity and experience to satisfactorily perform the work. Bidders are notified that, in accordance these Contract Documents, the City Council may determine whether the Bidder is responsible based upon a review of the Bidder's performance on other contracts, both within the City of Lake Elsinore and other public agencies for which the contractor has performed similar work. If, based on the provisions and criteria in these Contract Documents, the City Engineer proposes not to recommend the award of contract to the apparent low bidder, the Director shall notify the Bidder in writing of the Director s intention to recommend to the City Council that the Council award the contract to the second lowest responsible bidder. If the Bidder presents evidence in rebuttal to the recommendation, the Director shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the City Council. B-1

10 C. ADDENDA TO THE CONTRACT DOCUMENTS The City may issue Addenda for any reason during the advertising period. The Bidder shall acknowledge the receipt of any Addendum in its Bid. Failure of the Bidder to do so may result in the rejection of its Bid. D. PREPARATION OF THE BID 1. Examination of Project Site, Plans and Specifications Prior to submitting a Bid, the Bidder shall examine the Project Improvement Plans and the site of proposed contract work, carefully read the Specifications and Special Provisions, and satisfy himself or herself that he or she has the abilities and resources to complete the Work. The Bidder agrees that if he or she is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the work, and the physical and climatic conditions of the work sites. 2. Estimated Quantities The quantities shown in the Bid Schedule are approximate only. The Contractor will be paid for the actual quantities of work installed based on field measurements. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the specifications. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications be less than 75 percent or more than 125% of the Bid quantity, no adjustment to the Contract Unit Price, shall be made therefor. 3. Interpretation of the Documents Discrepancies in and omissions from the Special Provisions, the project Plans or other Contract documents, or questions as to their meaning shall, at once, be brought to the attention of the City. Any interpretation of the documents will be made only by Addenda dully issued, and a copy of such Addenda will be mailed or delivered to each person or firm who is listed by the City as having received a set of such documents. The City will not be responsible for any other explanations or interpretations. No oral agreement or conversation with any officers, employees, or agents of the City, either before or after execution of the Contract, shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract. 4. Bid Instructions and Submissions The Bid shall be submitted on the Bid Proposal forms included with the Specifications. All Bid Documents must be completed, executed and submitted with the Bid by the Bidder. The complete Bid shall be enclosed in a sealed envelope; addressed to City Clerk, 130 South Main Street, Lake Elsinore, California; with the Bidder's company name and address on the upper left corner; and with the following written on the front of the envelope: the Project number, Project name, hour and date of Bid Opening as B-2

11 E. BID BOND specified in Notice Inviting Bids, and the words "SEALED BID, DO NOT OPEN WITH REGULAR MAIL." Bids not received by the City Clerk of the City of Lake Elsinore prior to the time and date set forth in the Notice Inviting Bids shall be declared late and returned unopened to the Bidder. The Bidder is solely responsible for the timely delivery of the Bid to the City. Required eight (8) Bid Proposal Documents: 1) Bidder's Proposal 2) Addenda Acknowledgment 3) Contractor's Affidavit 4) Bid Bond (10%) 5) List of Subcontractors 6) References (2 pages) 7) Violations of Federal or State Law 8) Disqualification or Debarment All prices submitted will be considered as including any and all sales or use taxes. In the case of discrepancy between unit bid price and total bid, the unit prices shall prevail. The Bid must be accompanied by either cash, a certified or cashier's check or a surety bond (bid bond) payable to the City of Lake Elsinore. Bids must be submitted on the proposal forms furnished with these specifications. The Bid Guaranty shall be in an amount equivalent to at least 10% of the Total Contract Bid Price including any additive bid. F. NONRESPONSIVE BIDS AND BID REJECTION 1. A Bid in which the required eight (8) proposal documents are not completed, executed and submitted may be considered non-responsive and be rejected. 2. A Bid in which the Contract Unit Prices are unbalanced, which is incomplete or which shows alteration of form or irregularities of any kind, or which contains any additions or conditional or alternate Bids that are not called for, may be considered non-responsive and be rejected. G. LIMITED NOTICE TO PROCEED WITH CONSTRUCTION Upon completion of the evaluation of Bids received and determination of lowest responsive Bidder (Contractor), the City Engineer will issue a Limited Notice to Proceed to Contractor with the council action of approval of intention to award. The intent of Limited Notice to Proceed is to allow the Contractor time to order long lead items. Upon receipt of said Notice, Contractor shall submit the items listed below in full compliance with the requirements of these specifications, within five (5) calendar days of the date of said Notice: 1) Agreement for Public Works Construction executed by Contractor 2) Faithful Performance Bond (100% of Bid) B-3

12 3) Labor and Material Bond (100% of Bid) 4) Verification of Insurance Coverage (Certificates and Endorsements) 5) Construction or Service Contract Endorsement 6) Workers' Compensation Insurance Certificate 7) Construction-Excavation Permit Application Form (No fee is assessed for public works projects) 8) Proof of a City of Lake Elsinore Business License Should the City Council not award a contract to Contractor, Contractor shall be entitled to reimbursement for the premiums of said insurances and bonds plus a 10% administrative fee on said premiums, the payment of which by City to Contractor shall constitute full compensation for Contractor s compliance with this section. H. AWARD OF CONTRACT The City reserves the right to reject any and all bids received and to re-advertise for bids. Further, the City Council reserves the right to take all bids under advisement for a period not-to-exceed sixty (60) days after date of opening thereof, to waive any informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received. I. Termination. City may cancel this Agreement at any time upon seven (7) days written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid full compensation for all services performed by Contractor, in an amount to be determined as follows: For work done in accordance with all of the terms and provisions of this Agreement, Contractor shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would be paid Contractor for the full performance of the services required by this Agreement. J. NOTICE TO PROCEED WITH CONSTRUCTION Within fifteen (15) calendar days of award of the contract by the City Council, the City shall schedule a mandatory pre-construction meeting. During this meeting a date of the start of work will be established. This date will take into account the expected delivery date of long lead items, if any. A Notice to Proceed with Construction will then be issued directing the Contractor to commence contract work. Contractor shall complete all work within one hundred and sixty (160) Working Days from the date of commencement of work specified in the Notice to Proceed and shall complete all contract items. Contractor shall order the long lead items immediately upon award of Contract. K. APPRENTICESHIP EMPLOYMENT STANDARDS The Contractor is directed to the provisions in Sections 1776, and of the California Labor Code concerning the employment of apprentices by the contractor or any subcontractor under them. L. PERMITS AND LICENSES B-4

13 The Contractor shall procure and execute all required permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. No fee is charged for a Construction-Excavation Permit issued by the City of Lake Elsinore for a public works project. The Contractor shall pay for and obtain a City of Lake Elsinore Business License. M. INSURANCE The Contractor shall maintain Automobile Liability, General Liability, and Workers Compensation Insurance as specified in the Agreement for Public Works Construction, included in the Project Specifications. N. PRE-BID INQUIRIES Bidders with Pre-Bid Inquiries should contact Farid Dost, Senior Civil Engineer at fdost@lake-elsinore.org or by phone at (951) Ext 246. B-5

14 SECTION C BID DOCUMENTS B-6

15 BIDDER S PROPOSAL CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Company: Honorable Mayor, Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: Time of Completion: One Hundred and Sixty (160) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. BID SCHEDULE ITEM NO. DESCRIPTION OF ITEMS UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT 1 Abatement (Dust) LS 1 2 Temporary Fence (Type ESA) LF 10,000 3 Project Identification Sign EA 3 4 Construction Site Management LS 1 5 Prepare Storm Water Pollution Prevention Plan LS 1 6 Storm Water Annual Report LS 1 7 Temporary Fiber Roll LF 5,700 8 Temporary Silt Fence LF 9,600 9 Temporary Construction Entrance EA 3 10 Temporary Check Dam LF Temporary Drainage Inlet Protection EA 6 12 Temporary Soil Binder SQYD 38, Temporary Concrete Washout EA 1 14 Work Area Temporary Traffic Control LS 1 15 Abandon Water Well EA 1 C-1

16 ITEM NO. DESCRIPTION OF ITEMS UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT 16 Cold Plane Asphalt Concrete Pavement (0.10' Maximum) SQYD Remove Roadside Sign EA Relocate Roadside Sign EA 1 19 Clearing And Grubbing LS 1 20 Roadway Excavation CY 44, Import Borrow CY 27, Erosion Control Type 1 (BFM) SQFT 344, Erosion Control Type 2 (GSM) SQFT 30, Compost SQFT 374, Rolled Erosion Control Product (Blanket) SQFT 30, Finishing Roadway LS 1 27 Class 2 Aggregate Base CY 5, Hot Mix Asphalt - Type A TON 8, Place Hot Mix Asphalt Dike (Type F) LF Liquid Asphalt (Prime Coat) TON Tack Coat TON Structural Concrete, Box Culvert And Headwalls CY Bar Reinforcing Steel LB 34, Roadside Signs (One Post) EA " Reinforced Concrete Pipe LF " Reinforced Concrete Pipe LF " Reinforced Concrete Pipe LF " Reinforced Concrete Pipe (Method 2, Class III, 1350D) 30" Reinforced Concrete Pipe (Method 2, Class III, 1700D) 30" Reinforced Concrete Pipe (Method 2, Class IV, 2000D) LF 142 LF 138 LF " Reinforced Concrete Pipe LF " Reinforced Concrete Pipe LF " Reinforced Concrete Pipe LF 275 C-2

17 ITEM NO. DESCRIPTION OF ITEMS UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT 44 24" Concrete Flare End Section EA " Concrete Flare End Section EA " Concrete Flare And Section EA 2 47 Curb Inlet (L=12', V=4') EA 1 48 Curb Inlet (L=16', V=4') EA 2 49 Rock Slope Protection (Backing No. 2, Method B) CY Rock Slope Protection (1/4 TON, Method B) CY Rock Slope Protection (1/2 TON, Method B) CY Rock Slope Protection (1 TON, Method B) CY Rock Slope Protection (2 TON, Method B) CY Rock Slope Protection Fabric (Type A) SQFT 5, Minor Concrete (Sidewalk, Concrete Backfill, and Aprons) CY " Precast Concrete Inlet Pipe with Grate LF Concrete Curb (Type 6) LF 1, Delineators (Class 1) EA Midwest Guardrail System LF Pedestrian Barricade EA 2 62 Cable Railing LF Inch Flared Terminal End Treatment EA 2 63 Thermoplastic Pavement Stripe LF 1, Thermoplastic Pavement Marking SQFT Thermoplastic Traffic Stripe (Sprayable) LF 21, Pavements Marker (Retroreflective) EA 624 C-3

18 ITEM NO. DESCRIPTION OF ITEMS UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT 67 Lighting LS 1 68 Traffic Signal (Camino Del Norte-Franklin Street) LS 1 69 Mobilization LS 1 Total Bid Price (Based on estimated quantities of Items 1 through 69) Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees. Total Bid: (Figures*) Total Bid: (words*) *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. C-4

19 BIDDER'S SIGNATURE CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Contractor Date: By: Contractor s State License No.: Class: Department of Industrial Relations Registration No: Registration Date: Expiration Date: Address: Phone: FAX: C-5

20 ACKNOWLEDGMENT OF ADDENDA RECEIVED CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received. Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. Bidder s Signature Date Print Name Title C-6

21 STATE OF CALIFORNIA ) ) SS COUNTY OF ) NON-COLLUSION AFFIDAVIT CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 (NAME) affiant being first duly sworn, deposes and says: That he or she is of (sole owner, partner or other proper title) the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: Telephone No.: Print Name: Signature: Title: Date: SIGNING INSTRUCTIONS TO THE CONTRACTOR Non-Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-7

22 BOND NO. BIDDER'S BOND CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we, as PRINCIPAL, hereinafter referred to as "Contractor", and a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of. THE CONDITION OF THIS OBLIGATION IS SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections and of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS) C-8

23 BIDDER S BOND SIGNATURE PAGE CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of, 2018 BIDDER: Contractor Name: Address: CORPORATE SURETY: Company Name: Address: Telephone No.: Telephone No.: Print Name: Print Name: Title: Title: Signature: Signature: Date: Date: SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder s Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non-responsive and will be rejected. C-9

24 LIST OF SUBCONTRACTORS CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-10

25 REFERENCES CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 1. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 2. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 3. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount C-11

26 List any other projects (private, older than three (3) years, etc.) that may represent qualifying or similar experience: 4. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 5. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 6. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount C-12

27 CONTRACTOR INFORMATION CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Contractor s License No.: Class: a. Date first obtained: Expiration b. Has License ever been suspended or revoked? If yes, describe when and why: c. Any current claims against License or Bond? If yes, describe claims: Principals in Company (List all attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) C-13

28 VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YES / NO (circle one) Federal / State / Local (circle one) If YES, identify and describe, (including agency and status): Have the penalties been paid? YES / NO (circle one) 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES / NO (circle one) Code/Laws: Section/Article: If yes, identify and describe, (including agency and status): Signature Date Print Name Title Contractor Name C-14

29 DISQUALIFICATION OR DEBARMENT CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES / NO (circle one) If yes, provide the following information (if more than once, use separate sheets): Date: Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES / NO (circle one) Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signature Date Print Name Title Contractor Name C-15

30 If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. UTILITY AGREEMENT CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 HONORABLE MAYOR AND CITY COUNCIL CITY OF LAKE ELSINORE, CALIFORNIA The undersigned hereby promises and agrees that in the performance of the work specified in this contract for Project No. Z10030, Canyon Estates Drive-Camino Del Norte improvements, (I) (we) (it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary, primary or transmission facilities. The term Qualified person is defined in Title 8, California Administrative code, Section 2700, as follows: Qualified Person: A person who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. The undersigned also promises and agrees that all such work shall be performed in accordance with all applicable electrical utility company s requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Signature By: Name Title Contractor Name C-16

31 PUBLIC CONTRACT CODE CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 Public Contract Code Section Statement In accordance with Public Contract Code Section (Chapter 376, State. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has, has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term bidder is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section Note: The bidder must place a check mark after has or has not in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section Questionnaire In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation: Yes No If the answer is yes, explain the circumstances in the following space. Public Contract Code Statement In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediate preceding two-year period because of the Contractor s failure to comply with an order of federal court which orders the Contractor to comply with an order of the National Labor Relations Board. C-17

32 Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signature Date Print Name Title Contractor Name C-18

33 SECTION D CONTRACT DOCUMENTS CITY OF LAKE ELSINORE

34 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION [insert name of contractor] CANYON ESTATES DRIVE-CAMINO DEL NORTE IMPROVEMENTS CIP PROJECT NO. Z10030 CITY OF LAKE ELSINORE as of This Agreement for Public Works Construction ( Agreement ) is made and entered into, 2018, by and between the City of Lake Elsinore, a municipal corporation ( City") and, a ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements ( work ) identified as: (the Project ) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by, are identified as: The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder s Proposal, such contract price being dollars ($ ). D-1

35 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. c. Contractor agrees to receive and accept the prices set forth in the Bidder s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within One-Hundred and Sixty (160) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of One Thousand dollars ($ ) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. D-2

36 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ( change order ) signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section , and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to D-3