Building Division Specifications and Contract Documents for the: COMMUNITY CENTER PLAYGROUND PROJECT PROJECT No

Transcription

1 Building Division Specifications and Contract Documents for the: COMMUNITY CENTER PLAYGROUND PROJECT PROJECT No For use in conjunction with the, City of Marina Standard Specifications and Standard Plans. BID OPENING THURSDAY, AUGUST 27, :00 PM City of Marina Building Department 209 Cypress Avenue Marina, CA CLOSING TIME TO RECEIVE BIDS WILL BE VERIFIED ACCORDING TO LOCAL TELEPHONE COMPANY TIME.

2 INDEX OF SHEETS PART A Bidding Requirements, Contract Forms & Conditions of the Contract Pre-Bid Information Advertisement for Bids Project Directory Instructions to Bidders Definitions Bidders Representations Bidding Documents Pre-Bid Conference Bidding Procedures Consideration of Bids Supplementary Instructions to Bidders Project Duration Clarification Contact Pre-Bid Conference Bid delivery location Bid opening time and date and location Insurance Requirements Liquidated Damages Bid Documents - Submit with Bid Proposal Bid Form Acknowledgement of Addenda (if any) List of Subcontractors Representations of Bidder Statement of Financial Responsibility, Technical Ability & Experience Bidder's Statement of Financial Responsibility Bid Bond Agreement Forms Bond of Faithful Performance (If used) Labor and Material Bond (If used) Agreement Special Provisions of the Contract Specifications and Plans Proposal Requirements and Conditions General Proposal Guaranty Material Guaranty Award and Execution of Contract

3 Prosecution and Progress Progress Schedule Time of Completion Liquidated Damages Obstructions Order, Control, and Scope of Work Order of Work Discrepancies Items Not Listed Work on Private Property Increase or Decrease Quantities General Requirements Submittals Storage of Materials Access by Federal, State and Local Government Officials Drawing of Record Watering Closing of Uninspected Work Final Inspection and Area Cleanup Existing Highway Facilities Project Appearance Local Hiring Requirements Legal Relations and Responsibility General Wage Determination & Prevailing Wages Contractor's Licensing Laws Responsibility for Damage Public Safety Project Specifications

4 PART A Bidding Requirements, Contract Forms & Conditions of the Contract

5 ADVERTISMENT FOR BIDS Notice is hereby given that the City of Marina, California, hereby invites sealed bids for the following work to be done according to plans and specifications on file and subject to conditions prescribed by the undersigned: COMMUNITY CENTER PLAYGROUND PROJECT DESCRIPTION OF WORK: Provide all materials, tools and labor to remove and re-locate existing equipment and install new playground equipment and new play surface. Bid proposals can be obtained at the Building Division at: 209, Cypress Avenue Marina, CA (831) Fax (831) Non-refundable $25.00 per set Plans and Specifications are available for review at the following Builders Exchange: Monterey Fax Salinas Fax Santa Cruz Fax Bids delivered in a sealed envelope, plainly endorsed for the above-mentioned work will be received only at 209 Cypress Avenue, Marina, California, until 2:00 PM on August 27, 2015 and will be publicly opened and read aloud at 2:00 PM at the Conference Room of the Marina Annex located at 209 Cypress Avenue, Marina, California. Estimated cost is $85, The City of Marina reserves the right to reject any or all proposals and to waive any informality in proposals received. Bid Security in the amount of ten percent (10%) of the Lump Sum Bid shall accompany each bid. Said check shall be forfeited or said bond shall become payable to the City of Marina if the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All wage scales shall be in accordance with applicable determinations made by the Director of the Department of Industrial Relations of the State of California, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with Section In accordance with Section of the said Labor Code, copies of the aforesaid determinations of the Director of the Department of Industrial Relations are on file at the City Clerk's office. It shall be mandatory for any contractor to whom a contract is awarded to pay not less than the applicable prevailing wage rate to all workmen employed by him in the execution of the contract.

6 The successful bidder will be required to have the following State of California contractor s license current and in good standing at the time of submission of the bid, except in the case of a joint venture Bidder which shall be licensed at the time of notice of selection as the apparent lowest responsible bidder: Class A - General Engineering By order of the Council of the City of Marina, Monterey County, California Daniel Paolini, Interim Chief Building Official, City of Marina, California Dated: July 30, 2015 PROJECT DIRECTORY Project Name: City of Marina COMMUNITY CENTER PLAYGROUND PROJECT Location: 211 Hillcrest Avenue, Marina, California Owner: City of Marina, CA Owner's Representative: Daniel Paolini, CBO Interim Building Official 211 Hillcrest Avenue Marina, CA All bidding inquiries shall be directed only to: Construction Manager Owner s Representative Same

7 INDEX to INSTRUCTIONS TO BIDDERS Article 1 - Article 2 - Article 3 - Definitions Bidder's Representations Bidding Documents 3.1 Copies 3.2 Interpretation or Correction of Bidding Documents 3.3 Substitutions 3.4 Subcontractors 3.5 Addenda 3.6 Builder's Risk Property Insurance Article 4 - Article 5 - Pre-Bid Conference Bidding Procedures 5.1 Form and Style of Bids 5.2 Bid Security 5.3 Submission of Bids 5.4 Modification or Withdrawal of Bid Article 6 - Consideration of Bids 6.1 Opening of Bids 6.2 Rejection of Bids 6.3 Award

8 ARTICLE 1 DEFINITIONS 1.1 Except as otherwise specifically provided, definitions set forth in the General Conditions or in other Contract Documents are applicable to all Bidding Documents. 1.2 The term "Addenda" means written or graphic instruments issued by Owner prior to the Bid Deadline which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.3 The term "Alternate" means a proposed change in the Work, as described in the Bidding Documents, which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.4 The term "Bid Deadline" means the date and time designated in the Advertisement for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.5 The term "Bidder" means a person or firm that submits a Bid. 1.6 The term "Bidding Documents" means Pre-Bid Information, Bidding Requirements, and Contract Documents. Pre-Bid Information consists of Advertisement for Bids and Project Directory. Bidding Requirements consist of Instructions to Bidders, Supplementary Instructions to Bidders, Information Available to Bidders, Bid Form, and Bid Bond. Contract Documents consist of all documents listed in Article 6 of the Agreement. 1.7 The term "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.8 The term "Subcontractor" is defined in Article 1 of the General Conditions and, when used in the Bidding Requirements only, means a properly qualified Subcontractor proposed by Bidder for a portion of the Work. 1.9 The term "unit price" means an amount stated in the Bid as a price per unit of measurement for a portion of the Work as described in the Bidding Documents. ARTICLE 2 BIDDER'S REPRESENTATIONS 2.1 Bidder, by making a Bid, represents that: Bidder has read, understood, and made the Bid in accordance with the provisions of the Bidding Documents Bidder has visited the Project site and is familiar with the conditions under which the Work is to be performed and the local conditions as related to the requirements of the Contract Documents.

9 2.1.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception At the time of submission of the Bid, except in the case of a joint venture Bidder which shall be licensed at the time of notice of selection as the apparent lowest responsible Bidder, Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the Contractor's State License Board for the Work to be performed. The State of California Business and Professions Code, Division 3, Chapter 9, known as the "Contractor's License Law," establishes licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving two (2) or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor "C" license in each such trade, (2) a General Engineering contractor "A" license, or (3) a General Building contractor "B" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade Bidder has complied and shall comply with the provisions of the State of California "Subletting and Subcontracting Fair Practices Act." Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on behalf of Bidder Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work Bidder is registered as required with the Department of Industrial Relations in regard to bidding Public Works projects 3.1 COPIES ARTICLE 3 BIDDING DOCUMENTS Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement for Bids for the sum of non-refundable $ per set Bidders shall use complete sets of Bidding Documents in preparing Bids Owner makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS Bidder shall, before submitting its Bid, carefully study and compare the components of the Bidding Documents and compare them with any other work being bid concurrently or presently under construction

10 which relates to the Work for which the Bid is submitted; shall examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and shall at once report to Owner's Representative errors, inconsistencies, or ambiguities discovered Requests for clarification or interpretation of the Bidding Documents shall be addressed only to the person or firm designated in the Supplementary Instructions to Bidders Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda issued as provided in Paragraph 3.5. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner shall not be binding and Bidders shall not rely upon them. 3.3 SUBSTITUTIONS No substitutions will be considered prior to award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents. 3.4 SUBCONTRACTORS Each Bidder shall list in the Bid Form all first-tier Subcontractors that will provide labor, equipment, or materials valued in excess of one-half of one percent (0.5%) of Bidder's Base Bid Subcontractors listed in the Bid Form shall only be substituted after the Bid Deadline with the written consent of Owner and in accordance with the State of California "Subletting and Subcontracting Fair Practices Act." 3.5 ADDENDA Addenda will only be issued in writing by means, which verify the receipt of documents. Addenda will be delivered to all who are known by the issuing office to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for inspection Addenda will be issued such that prospective Bidders, who have provided a street address for receipt of Addenda, no later than three (3) full working days prior to the Bid Deadline, should receive them. Addenda withdrawing the request for Bids or postponing the Bid Deadline may be issued anytime prior to the Bid Deadline Each Bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda. Each Bidder shall acknowledge receipt of all Addenda on the Bid Form. ARTICLE 4 PRE-BID CONFERENCE 4.1 A non-mandatory Pre-Bid Conference will be held for this project at 10:00AM on August 18, 2015 at 211 Hillcrest Ave, Marina, California

11 5.1 FORM AND STYLE OF BIDS ARTICLE 5 BIDDING PROCEDURES Bids shall be submitted on the Bid Form included with the Bidding Documents All blanks on the Bid Form shall be filled in by typewriter or manually and legibly in ink Where indicated on the Bid Form, amounts shall be expressed in both words and figures, and in the case of discrepancy between the two, the amount written in words shall govern Bidder must individually initial all interlineations, alterations, and erasures Bidder's failure to submit a proposal for any Alternate or unit price may result in the Bid being considered as non-responsive at Owner's discretion. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter "No Change." Bidder's failure to acknowledge receipt of all Addenda may result in the Bid being considered nonresponsive and being rejected by Owner Bidder shall make no stipulations on the Bid Form nor qualify the Bid in any manner A person, or persons, shall sign the Bid Form who is legally authorized to bind Bidder to a contract. A Bid submitted by an agent shall have a current power of attorney attached evidencing the agent's authority to bind Bidder. 5.2 BID SECURITY Each Bid shall be accompanied by Bid Security in the amount of ten percent (10%) of the Base Bid, as security for Bidder's obligation to enter into a Contract with Owner on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security shall be a Bid Bond in the form contained in the Bidding Documents, or a certified check made payable to "The City of Marina." If Bidder selected as the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, owner may disqualify such Bidder and select the next apparent lowest responsible Bidder or Owner may reject all bids. In such an event, the disqualified Bidder shall be liable for and forfeit to Owner the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which Owner procures the Work Bid Bond shall be submitted. An attorney-in-fact shall execute the Bid Bond on behalf of the surety. A notarized and current copy of the power of attorney shall be affixed to the Bid Bond. The surety issuing the

12 Bid Bond will be approved by Owner, if, on the Bid Deadline, it is listed in the latest published United States Treasury Department list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bond and as Acceptable Reinsuring companies." Owner will retain the Bid Security of the apparent three (3) lowest responsible Bidders until the occurrence of one of the following:.1 All items required by the Bidding Documents have been furnished and the apparent lowest responsible Bidder has signed the Agreement..2 The specified time has elapsed during which Bids may be withdrawn..3 All Bids have been rejected. 5.3 SUBMISSION OF BIDS The Bid Form, Bid Security, and all other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the office designated in the Supplementary Instructions to Bidders for receipt of Bids. The envelope shall be identified with the Project name, Bidder's name and address, and, if applicable, the designated portion of the Project for which the Bid is submitted. If the Bid is sent by Mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof Bids shall be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will not be accepted and will be returned to Bidder Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids Oral, telephonic, or telegraphic Bids are invalid and will not be accepted. 5.4 MODIFICATION OR WITHDRAWAL OF BID Prior to the Bid Deadline, a submitted Bid may be modified or withdrawn by notice to the party receiving Bids at the location designated for receipt of Bids. Such notice shall be in writing over the signature of Bidder or by telegram. If notice is by telegram, written confirmation over the signature of Bidder shall be mailed and postmarked on or before the Bid Deadline. A change so made shall be so worded as not to reveal the amount of the original Bid A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements Bid Security shall be in an amount sufficient for the Bid as modified or resubmitted. ARTICLE 6 CONSIDERATION OF BIDS

13 6.1 OPENING OF BIDS Bids that have the required identification and are received on or before the Bid Deadline will be opened publicly. 6.2 REJECTION OF BIDS Owner shall have the right to reject all Bids Owner shall have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the bidding documents, or a bid, which is in any other way incomplete or irregular. 6.3 AWARD Owner shall have the right to waive non-material informalities or irregularities in a Bid and to accept the lowest responsible Bid as determined by Owner Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents Owner shall determine the low Bidder on the basis of the sum of the Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the amounts of all accepted Alternates Owner will select the apparent lowest responsible Bidder and notify such Bidder on Owner's form within Thirty (30) days after the Bid Deadline. Within Ten (10) days after notice of award, Bidder shall submit to Owner all of the following items:.1 Triplicate originals of the Agreement signed by Bidder..2 Performance Bond -Not Used if bid under $25,000.3 Materials and Labor Bond - Not Used if bid under $25,000.4 Certificates of Insurance.5 Name of, qualifications of, and references for the Superintendent proposed to supervise the work..6 Evidence, as required by Owner, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references Prior to award of the Contract, Owner will notify Bidder in writing if Owner, after due investigation, objects to a Subcontractor or Superintendent proposed by Bidder, in which case Bidder shall Propose a substitute acceptable to Owner. Substitution of Superintendent shall be made in accordance with Paragraph 3.8 of the General Conditions. Substitution of a Subcontractor shall be made in accordance with Paragraph 5.1 of the General Conditions.

14 6.3.6 If Bidder submits the signed Agreement in triplicate and all other items required to be submitted to Owner within ten (10) days after receipt of notice of selection as the apparent lowest responsible Bidder, and if all such items comply with the requirements of the Bidding Documents and are acceptable to Owner, Owner will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder If Owner consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to Owner all of the items required by the Bidding Documents, within ten (10) days after receipt of notice of selection, or that Bidder is not financially or otherwise qualified to perform the Contract, Owner may reject such Bidder's Bid and select the next apparent lowest responsible Bidder or reject all Bids. 6.4 BID PROTEST PROCEDURES Any bid protest must be in writing and received by the City at 211 Hillcrest Avenue, Marina, California, before 5:00 p.m. no later than two (2) business days (Cal. Civ. Code 9) following bid opening (the Bid Protest Deadline ) and must comply with the following requirements: A. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. B. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address and telephone number of the person representing the protesting bidder if different from the protesting bidder. C. A copy of the protest and all supporting documents must also be transmitted by fax or by , by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. D. The protested bidder may submit a written response to the protest provided the response is received by the City before 5:00 p.m., within two (2) business days after the Bid Protest Deadline or after receipt of the bid protest whichever is sooner (the Response Deadline ). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address and telephone number of the person representing the protested bidder if different from the protested bidder. E. A copy of the response and all supporting documents must also be transmitted by fax or by , by or before the Response Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. F. The procedure and time limits set forth in this section are mandatory and are the bidder s sole and exclusive remedy in the event of bid protest. A protesting bidder s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

15 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 1. Contract Time: 50 working days. 2. Requests for clarification or interpretation of the Bidding Documents shall be addressed only to: Dan Paolini, CBO Interim Building Official 211 Hillcrest Avenue Marina, CA A non-mandatory pre-bid conference will be held at 10:00AM on August 18, 2015 on site at 211 Hillcrest Ave, Marina, California Bids will be received only at: City of Marina Building Division 209, Cypress Avenue Marina, CA (831) Fax (831) Bids will be opened at 2:00 p.m., August 27, 2015 at City of Marina Annex Conference Room 209 Cypress Avenue Marina, CA (831) Fax (831) TYPES OF INSURANCE: General - Without limiting the responsibility of the Contractor for damages, the Contractor has obtained all insurance required under this Article, and such insurance has been approved by the City, nor shall Contractor allow any subcontractor to commence work on any subcontract until all insurance required of Contractor has been likewise obtained by the subcontractor, and such insurance is approved by the City. Approval of the insurance by City shall not relieve or decrease the liability of Contractor hereunder. Type of Coverage - Without limiting any of the other obligations or liability of Contractor, Contractor shall provide and maintain, until the work is completed and accepted by the City, the following minimum insurance coverage, unless otherwise specified in the particular specifications.

16 Type of Coverage Worker's Compensation and Employer's Liability, including coverage under the United States Longshoremen's and Harbor Workers' Act, where applicable. Liability Insurance The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability, and property damage liability for the limits of liability indicated below and including coverage for: (a) premises, operations and mobile equipment. (b) products and completed operations. (c) broad form property damage (including completed operations). (d) explosion, collapse and underground hazards. (e) personal injury. (f) contractual liability. Limits Statutory (a) $1,000,000 for each occurrence (combined single limit for bodily injury and property damage). (b) $2,000,000 aggregate for products-completed operations. (c) $2,000,000 general aggregate. This general aggregate limit shall apply separately to the Contractor's work under this Agreement. (d) $1,000,000 umbrella or excess liability. For projects over $25,000,000 only, an additional $10,000,000 umbrella or excess liability (for a total of $15,000,000). Umbrella or excess policy shall include products liability completed operations coverage and may be subject to $5,000,000 or $15,000,000 aggregate limits. Further, the umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. Automobile Liability Insurance covering all automobiles, trucks, tractors, trailers motorcycles or other automotive equipment, whether owned or rented by the Contractor, or by the employees of the Contractor. Bodily Injury $1,000,000 each accident Property Damage $500,000 each accident Insurance Provision The insurance afforded by the above insurance policies shall name as additional insured the City of Marina, its officers, agents and employees and shall be primary insurance to the full limits of liability stated above to said additional insured. If said additional insured have other insurance against the loss covered by said policy, that other insurance shall be excess insurance only. Certificate of Insurance Contractor shall, at the time of execution of the agreement, file with the City Clerk a Certificate of Insurance on a form adopted by the City. Insurance Coverage on Joint Project In the event the work called for in this contract is to be performed as a joint Project with the State of California, or a county, or any city within a county, or other agency, or is to be performed on lands under the jurisdiction of the State of California, or county or any city within a county, the policy of insurance required by paragraph entitled

17 "Type of Coverage" shall name the State of California, that county, and/or that city or other agency in addition to naming city and the statement contained in paragraph entitled "Insurance Provisions," shall be modified accordingly. Indemnification With the exception that this section shall in no event be construed to require indemnification by the Contractor to a greater extent than permitted by law, the Contractor shall defend, indemnify and save harmless the City of Marina, including its officers, directors, agents (excluding agents who are design professionals), and employees, and each of them (Indemnitees), from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liabilities, in law or in equity, of every kind and nature whatsoever (Claims), arising out of or in connection with the Contractor's performance of this contract for: A. Bodily injury including, but not limited to, bodily injury, sickness or disease, emotional injury or death to persons, including, but not limited to, the public, any employees or agents of the Contractor, State, Department, City of Marina or any other contractor and; B. Damage to property of anyone including loss of use thereof; caused or alleged to be caused in whole or in part by any negligent or otherwise legally actionable act or omission of the Contractor or anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable. Nothing contained in this section shall be construed to require any such insurer which has named the City as additional insured to indemnify the City for losses attributable to the active negligence or willful misconduct of the City of Marina, its officers, agents, independent contractors or employees who are directly responsible to the City. 7. LIQUIDATED DAMAGES Contractor will be assessed as liquidated damages the sum of _$250.00_ for each day the Work remains incomplete beyond the expiration of the Contract Time. See Article 4 of the Agreement for detailed requirements.

18 BID FORM COMMUNITY CENTER PLAYGROUND PROJECT 211 HILLCREST AVENUE MARINA, CALIFORNIA DATE: AGUUST 27, 2015 BID SUBMITTED TO: City of Marina Building Division 209 Cypress Avenue Marina, CA (831) BID FROM: FIRM SUBMITTING BID: STREET ADDRESS: CITY: STATE: ZIP CODE: PHONE: FAX:

19 Honorable Mayor & City Council City of Marina Marina, California Gentleperson: Pursuant to the foregoing Notice Inviting Sealed Proposals, the undersigned hereby proposes and binds himself on award by the City Council under this proposal to execute in accordance with such award, a contract with necessary bonds of which this proposal, the Notice Inviting Sealed Proposals and the plans and specifications shall be a part, to furnish any and all required labor, material, and services for performing and completing the work set forth in the said specifications and shown on the plans accompanying them, within the time hereinafter set forth and at the prices named in this proposal as follows: Note: All portions of this Bid Form must be completed and signed before the Bid is submitted. Failure to do so may result in the Bid being rejected as non-responsive. Bidder, having the appropriate active contractor's license required by the State of California; and having carefully read and examined the Bidding Documents for the proposed Work on this Project; and having examined the site of the proposed Work and all Information Available to Bidders; and being familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment, hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Bid Form. If Bidder is selected as the lowest responsible Bidder, Bidder agrees, within ten (10) days after receipt of notice of selection, to sign and deliver to Owner the Agreement in triplicate and to furnish to Owner all items required by the Bidding Documents. If awarded the Contract, Bidder agrees to commence work within ten (10) days and complete the proposed work within (50) calendar days after the date of commencement specified in the Notice to Proceed. 1.0 ADDENDA Bidder acknowledges receipt of the following Addenda:

20 2.0 BASE BID : The bid displayed below is reflective of the total unit price: $,,. (Place figures in appropriate boxes.) (In Words - Printed or Typed) Dollars Bidder acknowledges that it is Bidder's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from the Owner at the address stated above. Bidder therefore agrees to be bound by all Addenda that have been issued for this Bid. 3.0 BID ALLOWANCE No Allowance Required 4.0 BID SECURITY There is herewith enclosed a Bid Bond for the benefit of, or a certified check made payable to, "The City of Marina," in the amount of ten percent (10%) of the Lump Sum Base Bid. 5.0 ALTERNATES Use the words "No Change" when there is no change in the Base Bid due to using an Alternate. The words "No Change" will mean that the work described in the Alternate shall be completed at no change in the amount of the Base Bid. Failure to quote an amount or the insertion of any words other than "No Change" will be considered as not completing the Bid Form and may result in the Bid being rejected as non-responsive. The Contract Time will change by the number of days, if any, specified for each accepted Alternate. The Contract Sum will consist of the sum of the Base Bid and the additive or deductive amounts for each accepted Alternate.

21 6.0 LIST OF SUBCONTRACTORS Bidder will use Subcontractors for the Work: YES NO If yes, the information below must be provided for all first-tier Subcontractors that will provide labor, equipment, or materials valued in excess of one-half of one percent (0.5%) of Bidder's Base Bid and that will perform Work at the Project site. If Bidder does not list a Subcontractor or lists more than one Subcontractor for a Work activity, which exceeds 0.5% of the Base Bid, Bidder agrees that it is fully qualified to perform and that it shall perform that Work activity. Subcontractor Subcontracted Work Activity Name & License Address & Phone #

22 7.0 Not Used 8.0 REPRESENTATIONS OF BIDDER TYPE OF ORGANIZATION: (Corporation, Partnership, Individual, Joint Venture, etc.) _ If a corporation, corporation is organized under the laws of the State of. NAMES AND TITLES OF PERSONS SIGNING THE BID ON BEHALF OF BIDDER, AND ALL GENERAL PARTNERS, IF A PARTNERSHIP: NAME OF PRESIDENT OF THE CORPORATION: NAME OF SECRETARY OF THE CORPORATION: CALIFORNIA CONTRACTORS LICENSE(S): (Name) _ (Classification) (License Number) (Expiration Date) (For Joint Venture, list Joint Venture's license or licenses for all Joint Venture partners.) 9.0 REQUIRED COMPLETED ATTACHMENTS The following documents are submitted with and made a condition of this Bid: 1. Bid security in the form of. (Bid Bond or Certified Check)

23 10.0 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY & EXPERIENCE The bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give reference which will enable the City Council to judge of his responsibility, experience, skill and business standing. The undersigned submits herewith a statement of his financial responsibility. The undersigned submits below a statement of the work of a similar character to that included in the proposed contract which he has successfully performed. SIGNED

24 DECLARATION I,, hereby declare that I am the (Title) of (Name of Bidder submitting this Bid Form; that I am duly authorized to execute this Bid Form on behalf of Bidder; and that all information set forth in this Bid Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at County of, State of (Location and City),, on (Date) Signature (If signed by other than the sole proprietor, a general partner, or a corporate officer, attach original notarized power of attorney or corporate resolution

25 BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we,, as Principal, and, as Surety, are held and firmly bound unto The City of Marina in the County of Monterey in the State of California, hereinafter called The Owner, the sum of ten percent (10%) of the Lump Sum Base Bid amount for payment of which in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted a Bid for the work described as follows: Community Center Playground Project. NOW, THEREFORE, if Principal shall not withdraw said Bid within the time period specified after the Bid Deadline, as defined in the Bidding Documents, or within sixty (60) days after the Bid Deadline if no time period be specified, and, if selected as the apparent lowest responsible Bidder, Principal shall, within the time period specified in the Bidding Documents, do the following: (1) Enter into a written agreement, in the prescribed form, in accordance with the Bid. (2) File two bonds with THE OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by the Bidding Documents. (3) Furnish certificates of insurance and all other items as required by the Bidding Documents. In the event of the withdrawal of said Bid within the time period specified, or within sixty (60) days if no time period be specified, or the disqualification of said bid due to failure of Principal to enter into such agreement and furnish such bonds, certificates of insurance, and all other items as required by the Bidding Documents, if Principal shall pay to THE OWNER an amount equal to the difference, not to exceed the amount hereof, between the amount specified in said Bid and such larger amount for which THE OWNER procure the required work covered by said Bid, if the latter be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. In the event suit is brought upon this bond by THE OWNER, Surety shall pay reasonable attorneys' fees and costs incurred by THE OWNER in such suit. IN WITNESS WHEREOF, we have hereunto set our hands this day of, 2015 Principal: (Name of Firm) By: Title: Address for Notices: Surety: (Name of Firm) By: Title: NOTE: Notary acknowledgement for Surety and Surety's Power of Attorney must be attached.

26 CITY OF MARINA AGREEMENT FOR THE COMMUNITY CENTER PLAYGROUND PROJECT THIS AGREEMENT, made and entered into this day of, 2015, by and between Marina, a municipal corporation of the State of California, hereinafter called "City," and of, hereinafter called "Contractor," W I T N E S S E T H: FIRST: Contractor hereby covenants and agrees to furnish and provide all labor, materials, tools, appliances, equipment, plant and transportation, and all other things required or necessary to be furnished, provided or done, and build, erect, deconstruct and complete the work at the time and in the manner provided, and in strict accordance with the specifications therefore, for the Community Center Playground Project, City of Marina, CA. SECOND: It is expressly understood and agreed that this contract consists of the following documents, all of which are incorporated into this agreement and made a part hereof as fully and completely as if set forth herein verbatim, to wit: a. Notice Inviting Sealed Proposals; b. Instructions to Bidders and General Conditions; c. Signed and executed Bid and Proposal of Contractor, as accepted by City; d. The aforesaid Plans and Specifications; e. Standard Plans and Standard Specifications, City of Marina, State of California - Standard Specifications Standard Plans f. Special Provisions of the Contract g. And this Agreement. THIRD: That said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work embraced and contemplated in this Agreement and as set forth in the Proposal adopted by the City of Marina, a true copy thereof hereto attached, also, for all loss or damage arising out of the nature of said work, or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until the acceptance thereof by the City of Marina and for all risk connected with the work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the said Plans and Specifications and the provisions of this Agreement, and the requirements of the Engineer under them, to wit: The prices as set forth in the Proposal of said Contractor for the work to be constructed and completed under this Agreement, which prices shall be considered as though repeated herein. $ The undersigned Contractor further agrees to so plan the work and to prosecute it with such diligence that said work, and all of it, shall be completed on or before the expiration of the time specified in the Special Provisions after execution of the contract on behalf of the City of Marina and the receipt from the City of Marina of a notice to proceed with the work.

27 FOURTH: The City of Marina hereby promises and agrees with said Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Specifications; and the said parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. FIFTH: No interest in this agreement shall be transferred by the Contractor to any other party, and any such transfer shall cause the annulment of this contract, so far as the City of Marina is concerned. All rights of action, however, for any breach of this contract are reserved to City. SIXTH: Contractor shall keep harmless and indemnify the City of Marina, its officers and employees and agents, from all loss, damage, cost or expense that arises or is set up for infringement of patent rights of anyone for use by the City of Marina, its officers, employees or agents, of articles supplied by the Contractor under this contract, of which he is not entitled to use or sell. Contractor agrees to, at his own cost and expense, defend in court the City, its officers, agents and employees, in any action which may be commenced or maintained against them or any of them, on account of any claimed infringement of patent rights, arising out of this agreement. SEVENTH: The Contractor agrees to immediately repair and replace all defective material and workmanship discovered within one year after acceptance of final payment by Contractor and to indemnify said City of Marina against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Provided, however, that if such failure of the Contractor to perform should not, by reasonable diligence, be discoverable or discovered within said one year, then the obligation of the Contractor to repair and replace said defective material or workmanship shall continue until one year after the actual discovery thereof. EIGHTH: The Contractor agrees at all times during the progress of the work to carry with insurance carriers approved by the City of Marina full coverage workmen's compensation and public liability insurance. Such insurance policy shall contain an endorsement that the same shall not be canceled nor the amount of coverage be reduced until at least 30 days after receipt by the City of Marina by certified or registered mail of a written notice of such cancellation or reduction in coverage. NINTH: Contractor agrees to comply with all applicable federal, state and municipal laws and regulations, including but not limited to California Labor Code Division 2, Part 7, Chapter 1. TENTH: (a) The City is subject to laws relating to public agencies which are part of this contract as though fully set forth herein. Works. (b) Contractor shall comply with City of Marina Municipal Code Chapter Local Hiring for Public (c) Contractor shall comply with laws relating to the work. ELEVENTH: (a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, defend (with independent counsel reasonably acceptable to the City) and hold harmless City, its Council, boards, commissions, employees, officials and agents ("Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative

28 expenses, and defense costs including but not limited to reasonable attorneys fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities ), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors, excepting only that resulting from the sole negligence, or willful misconduct of City, its employees, officials, or agents. (b) To the fullest extent permitted by law (including without limitation California Civil Code Sections ), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section , Contractor shall indemnify, protect, defend (with independent counsel reasonably acceptable to the City) and hold harmless City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or the acts or omissions of an officer, employee, agent or subcontractor of the Contractor, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. (c) All obligations under this section are to be paid by Contractor as incurred by City. The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. (d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to defend the Indemnified Party, as provided above, Contractor, upon notice from the City, shall defend any Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City. An Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended. (e) This obligation to indemnify and defend City, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section. TWELFTH: In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

29 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written. CONTRACTOR By: Print Name: Address: Date: CITY OF MARINA By: Layne Long, City Manager Date: APPROVED AS TO FORM: By: City Attorney Date: ATTESTED: By: Anita Sharp, Acting Deputy City Clerk Date: Resolution No

30 FORM OF LABOR AND MATERIAL BOND (100% of Contract Amount) Bond No.: Premium: NOTICE: TO WHOM IT MAY CONCERN: That we,, as PRINCIPAL, and, as Surety, are held and firmly bound unto the City of Marina, California, ("CITY") in the sum of Dollars ($ ), lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. That the Surety's office is located at, Telephone No. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone number as follows: License No.: Address: Telephone No.:. That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction: Name of non-resident agent:, Non-resident agent's office address: Telephone No.:. THE CONDITION OF THIS OBLIGATION FOR THE Community Center Playground Project IS SUCH, that: 1. The Principal has agreed to complete the following improvements: Remove and re-locate existing equipment and install new playground equipment and play surface. 2. If the Principal, its heirs, executors, administrators, successors, or assigns, or subcontractors, shall fail to pay for any materials, provisions, or provender, or other supplies or teams, implements, or machinery used in, upon, for, or about, the performance of the improvement, or for any work or labor thereon of any kind, or for amounts due under State law with respect to work or labor, the Surety or Sureties will pay the same in the amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees 3. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, or of work performed, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed. 4. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Civil Code 3181 et seq., so as to give a right of action to them or their assignees in any suit brought upon this bond.