Document elcerrito_gov_doc_1e22b8b7e3

CITY OF EL CERRITO CONTRACT DOCUMENTS FOR CENTRAL AVENUE AND LIBERTY STREET STREETSCAPE IMPROVEMENTS CONTRACT NUMBER C3063-1 FEDERAL PROJECT NUMBER CML-5239(020) PUBLIC WORKS DEPARTMENT 10890 San Pablo Avenue El Cerrito, California 94530 (510) 215-4382 Jerry Bradshaw, P. E. Public Works Director/City Engineer Mandatory Pre-Bid Conference: September 4, 2012, 2:00 PM Bid Opening: September 18, 2012 2:00 PM Contract Performance Time: 60 Working Days Liquidated Damages: $500 per Calendar Day ---PAGE BREAK--- CENTRAL & LIBERTY STREETSCAPE IMPROVEMENTS The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. 08.10.12 Robert Stevens Stamp Date Registered Civil Engineer, RCE No.058660 BKF Engineers ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS FOR CONTRACT NUMBER C3063-1 FEDERAL PROJECT NUMBER CML-5239(020) NOTICE INVITING BIDS NB-1 INSTRUCTIONS TO I-1 P-1 Bid Sheet P-1 Bid P-3 Subcontractors List P-6 Statement of Technical Ability and P-8 Bidder’s Statement Of Past Contract P-9 Bid P-10 Non-Collusion P-12 UDBE/DBE Information P-13 C-1 Payment Bond (Labor and Materials) C-10 Performance C-12 Maintenance C-14 Contractor’s Affidavit And Final Release C-16 Exhibit – Indemnification and Hold Harmless Agreement And Waiver of Subrogation and C-17 FEDERAL AID PROVISIONS FA-1 Federal Minimum Wage FA-2 FEDERAL REQUIREMENTS (Attachment A) FR-1 Required Contract Provisions (Attachment B) FR-3 Equal Employment Opportunity Certification (Attachment FR-15 Noncollusion Affidavit (Attachment D) FR-17 Debarment and Suspension Certification (Attachment FR-19 Nonlobbying Certification for Federal Aid Contracts (Attachment F) FR-21 Disclosure of Lobbying Activities (Attachment FR-23 Federal Lobbying Restrictions (Attachment H) FR-26 Award and Execution of Contract (Attachment FR-30 Subcontracting and DBE Requirements (Attachment J) FR-34 Performance of Subcontractors (Attachment K) FR-36 Prompt Payment to Subcontractors (Attachment L) FR-38 GENERAL SPECIFICATIONS G-1 Scope of G-1 Location of G-1 Time of Completion G-1 ---PAGE BREAK--- Standard G-1 Wage Rates and Labor Code G-2 Substitution of G-3 SPECIAL PROVISIONS SP-1 SECTION 1 – Standard Specifications SP-1 SECTION 2 - Plans and SP-1 2-1.01 SP-1 SECTION 3 - Award and Execution of Contract SP-1 3-1.01 SP-1 3-1.02 Contract Bonds SP-2 SECTION 4 - Beginning of Work, Time of Completion, & Liquidation Damages SP-3 4-1.01 Construction Schedule and Commencement of Work SP-3 4-1.02 Time of Completion SP-3 4-1.02.01 SP-3 4-1.02.02 Working SP-3 4-1.03 Liquidated Damages SP-3 SECTION 5 - SP-3 5-1.01 SP-3 5-1.02 Labor Nondiscrimination SP-5 5-1.03 SP-5 5-1.04 Notice of Potential SP-5 5-1.05 Final Payment and Claims SP-6 5-1.06 Removal of Asbestos & Hazardous SP-8 5-1.07 Lump Sum SP-9 5-1.08 SP-9 5-1.09 SP-9 5-1.10 Prompt Payment of Funds Withheld SP-9 5-1.11 Sound Control SP-9 5-1.12 Contractor’s SP-10 5-1.13 Special Payment SP-10 5-1.14 Buy America Requirements SP-11 SECTION 6 - SP-12 SECTION 7 – Materials Testing SP-12 SECTION 8 - SP-12 SECTION 8-1 - SP-12 8-1.01 General SP-12 8-1.02 Relative SP-13 8-1.04 SP-13 8-1.05 Aggregate Base SP-13 8-1.06 Asphalt Concrete SP-13 8-1.07 Portland Cement SP-13 8-1.08 Compensation Adjustment for Asphalt Price Index Fluctuation SP-13 SECTION 9 - SP-14 SECTION 10 - CONSTRUCTION SP-15 SECTION 10-1 - SP-15 10-1.01 ORDER OF WORK SP-15 10-1.02 WORKING SP-15 ---PAGE BREAK--- 10-1.03 PROGRESS SCHEDULE SP-15 10-1.04 COOPERATION AND RELOCATION OF EXISTING UTILITIES SP-15 10-1.05 COOPERATION WITH OTHER SP-16 10-1.06 MOBILIZATION SP-16 10-1.07 CONSTRUCTION STAGING SP-17 10-1.08 CONSTRUCTION STAKING SP-17 10-1.09 WATERING SP-18 10-1.10 TRENCH SP-18 10-1.11 NOTICES TO SP-19 10-1.12 TRUCK SP-19 10-1.13 SP-19 10-1.14 SAFETY HAZARDS TO PUBLIC SP-20 10-1.15 PRESERVATION OF PROPERTY SP-20 10-1.16 TRAFFIC SP-20 10-1.17 TEMPORARY PAVEMENT SP-22 10-1.18 TEMPORARY PEDESTRIAN ACCESS SP-23 10-1.19 PROJECT SP-23 10-1.20 STORM WATER POLLUTION CONTROL SP-23 10-1.21 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES SP-29 10-1.22 DISPOSAL OF MATERIALS SP-30 10-1.23 SAW SP-30 10-1.24 SITE SP-31 10-1.25 REMOVAL OF EXISTING SIDEWALKS AND DRIVEWAYS SP-32 10-1.26 SP-33 10-1.27 SCARIFICATION AND RECOMPACTION OF NATIVE SOIL SP-34 10-1.28 CONFORM PAVEMENT SP-34 10-1.29 AGGREGATE BASE SP-36 10-1.30 ASPHALT CONCRETE SP-36 10-1.31 PAVEMENT SP-38 10-1.32 ASPHALT PAVEMENT SP-39 10-1.33 CONCRETE CURBS, GUTTERS, SIDEWALK, DRIVEWAY& RAMP SP-43 10-1.34 DETECTABLE WARNING SP-43 10-1.35 STORM DRAIN SP-44 10-1.36 STORM DRAIN SP-45 10-1.37 STORM DRAIN CONNECTION SP-46 10-1.38 IRRIGATION SP-46 10-1.39 THERMOPLASTIC PAVEMENT MARKINGS AND STRIPING SP-46 10-1.40 PAVEMENT SP-48 10-1.41 TRAFFIC SP-49 10-1.42 ADJUSTMENT OF EXISTING UTILITY STRUCTURES SP-50 10-1.43 DISCRETIONARY UTILITY RELOCATION SP-51 SECTION 10-2 – ALTERNATIVE BID SP-51 10-2.01 ADDITIONAL BID ITEM NUMBER 1 – RAIN GARDEN SP-52 10-2.02 ADDITIONAL BID ITEM NUMBER 2 - SLURRY SP-53 SECTION 10-3 – ENCROACHMENT SP-54 SECTION 10-4 – ELECTRICAL SYSTEM AND STREET LIGHTING SP-55 SECTION 10-5 – STRUCTURAL SP-64 SECTION 10-6 – LANDSCAPE MAINTENANCE AND PLANT ESTABLISHMENT SP-67 ---PAGE BREAK--- SECTION 10-7 – IRRIGATION SYSTEM SP-72 SECTION 10-8 – SITE AND STREET SP-88 SECTION 10-9 – LANDSCAPE SP-90 ---PAGE BREAK--- NOTICE INVITING BIDS NB-1 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT NOTICE INVITING BIDS FOR CENTRAL AVENUE AND LIBERTY STREET STREETSCAPE IMPROVEMENTS City Project No. C-3063 Federal Project No. CML-5239(020) 1. NOTICE IS HEREBY GIVEN that the City of El Cerrito, Contra Costa County, California, will receive sealed bids before 2:00 p.m., on Tuesday, September 18, 2012 in the Public Works Department: 10890 San Pablo Avenue, El Cerrito, California, 94530, at which time said bids will be publicly opened and read. 2. All of said work is to be performed in accordance with Plans and Specifications entitled CENTRAL AVENUE AND LIBERTY STREET STREETSCAPE IMPROVEMENTS, City Project No. C-3063, Federal Project No. CML-5239 (020). 3. Paper copies of the Plans and Specifications can be obtained from Reprographics located at 4903 Central Avenue, Richmond, CA 94804 for a non-refundable cost of $85.00 per set. Shipping and handling charges are extra, depending on the delivery method. Electronic copies of the documents are also available for a non-refundable cost of $30.00 per set. Copies of the documents can be viewed and ordered at www.blueprintexpress.com/elcerrito. They can also be ordered by contacting Reprographics by phone at (510) 559-8299 or by email at [EMAIL REDACTED]. For any questions about the ordering or downloading process, please contact It is the responsibility of each prospective bidder to confirm his/her firm is on the planholders list held by to ensure receipt of any subsequent communications, such as Addenda. 4. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of: Replacement of existing concrete sidewalks, curb ramps, and asphalt paving along Central Avenue and Liberty Street in the City of El Cerrito. In addition, the project includes the installation of lighting, irrigation, and street trees along the new sidewalk. 5. The classification of Contractor’s license required in the performance of this Contract is Class A. 6. An Underutilized Disadvantaged Business Enterprise (UDBE) goal of 4% has been determined for this project. Bidder’s attention is directed to the Federal Provisions included in the Contract Documents for details pertaining to compliance with Disadvantaged Business Enterprise (DBE) program requirements for this project. 7. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the Director of the Department of Industrial Relations. These rates are available at the following website: http://www.dir.ca.gov/DLSR/PWD/index.htm and included in the Contract Documents. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor. These rates are available at the following website: http://www.access.gpo.gov/davisbacon/davbacsearch.html. ---PAGE BREAK--- NOTICE INVITING BIDS NB-2 If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. 8. The successful bidder shall be required to furnish a labor and materials bond and a faithful performance bond in the amount of one hundred percent (100%) of the amount of the Contract 9. Pursuant to Section 22300 of the Public Contract Code, the Contract will contain provisions permitting the successful bidder to substitute securities for any monies withheld by the City of El Cerrito to ensure performance under the Contract. 10. Each bidder must submit the following documents with its sealed bid: Pages P-1 through P-25. In addition, there are a number of forms/documents that must be submitted along with each bid, including but not limited to, forms/documents pertaining to Disadvantaged Business Enterprise Program requirements. The Bidder’s attention is directed to the Federal Provisions (pages FA-1 through FA-2 and FR-1 through FR-38) in the Contract Documents. 11. The Engineer’s estimate for construction of the base bid plus all bid additives is $770,000. 12. A Mandatory Pre-Bid Conference will be held at the City Hall, 10890 San Pablo Avenue, El Cerrito, CA 94530, at 2:00 p.m., on Tuesday, September 4, 2012. Bidder’s attendance will be determined by the Bidder’s representative’s signature on the City’s Pre-Bid Conference Sign-In Sheet. ONLY BIDDERS THAT ATTEND A MANDATORY PRE-BID CONFERENCE ARE QUALIFIED TO BID ON THIS PROJECT. DATED: __August 13, 2012______ Jerry Bradshaw, Public Works Director / City Engineer Published West County Times: August 16 and August 22, 2012 ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-1 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT INSTRUCTIONS TO BIDDERS FOR CENTRAL AVENUE AND LIBERTY STREET STREETSCAPE IMPROVEMENTS CONTRACT NUMBER C3063-1 FEDERAL PROJECT NUMBER CML-5239(020) 1. SECURING DOCUMENTS Plans, Specifications and Contract Documents will be available for purchase from Reprographics for the non-refundable cost of $50.00 per set. Copies of the documents can be viewed, ordered and downloaded at www.blueprintexpress.com/elcerrito. They can also be ordered by contacting Reprographics (4903 Central Avenue, Richmond, CA 94804) by phone at (510) 559-8299 or by email at [EMAIL REDACTED]. Additional charges will be added for mailing, if required, or express mailing can be provided using recipient’s service and account number. For any questions about downloading or ordering process, please contact It is the responsibility of each prospective bidder to confirm it is on the planholders list held by to ensure bidder receives any subsequent communications such as Addenda 2. PROPOSAL To receive consideration, bids shall be made in accordance with the following instructions: A. Bids shall be made upon the proposal form contained herein. All items shall be properly filled in; numbers shall be stated both in writing and in figures. The signatures shall be original. Any alterations, interlineations, or erasures must be initialed. B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected. C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the contrary. D. Unless called for, alternative bids will not be considered. E. Modification of bids already submitted will be considered only if received at the office designated in the invitation for bids by the time set for opening of bids. F. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every bidder shall, in his bid, set forth: The Name and Location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one- half of one percent of the bidder’s total bid. ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-2 The portion of the work that will be done by each such subcontractor. G. In the event that alternative bids are called for and bidder intends to use different or additional subcontractors on the alternative or alternatives, he shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the base or alternative bids. H. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the bidder’s total bid or, in the case of bids for the construction of streets and highways, including bridges, in excess of one-half of one percent of the total bid, or $10,000, whichever is greater, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the City, either: Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid, or Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid. I. Bids shall be accompanied by a certified or cashier’s check, or an acceptable bidder’s bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the City of El Cerrito, California. Said check or bond shall be given as a guarantee that the bidder will timely enter into a Contract and provide all required insurance and bonds if awarded the work. In the case of refusal or failure to timely provide all required documents and enter into said Contract, the check or bond, as the case may be, shall be forfeited to the City of El Cerrito, California, as provided by law. J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract. K. Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid Sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make its own estimates from the Plans and Specifications. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid price, and the bid total will be conformed accordingly. L. Bids, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of El Cerrito, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder. M. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-3 3. WITHDRAWAL OF BIDS Bids may be withdrawn by written request received from bidders prior to the time set for opening of bids. 4. INTERPRETATION OF PLANS AND SPECIFICATIONS Should a bidder find discrepancies in, or omissions from the Plans or Specifications, or should it be in doubt as to their meaning, it shall at once notify Yvetteh Ortiz at [PHONE REDACTED]. Should it be found that the point in question is not clearly and fully set forth, a written Addendum will be sent to all persons receiving a set of documents. The City will not be responsible for or bound by any oral instructions or advice. 5. ADDENDA OR BULLETINS Any Addenda or information issued during the time of bidding, or forming a part of the documents loaned to the bidder for the preparation of his bid, shall be noted in the bid in the place provided and shall be made a part of the Contract. 6. OPENING OF BIDS Bids will be publicly opened and read, at the time and date set in the Notice Inviting Bids, in the City Clerk’s Office, City of El Cerrito. 7. AWARD OR REJECTION OF BIDS The City reserves the right to reject the bid of any or all bidders, and to waive any informality in the bids received. 8. CONTRACT BONDS 8.1 General. Before execution of the Contract by the City, the Contractor shall file with the Engineer surety bonds satisfactory to the City in the amounts and for the purposes noted below. The bonds shall be issued on the form provided by the City, copies of which are attached to these instructions. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and surety, and the signature of the authorized agent of the surety shall be notarized. Surety companies shall familiarize themselves with all of the conditions and provisions of the Contract, and shall waive the right of special notification of change or modification of the Contract, or of any other act or acts by the City or its authorized agents under the terms of the Contract. Failure to notify the surety companies of change shall in no way relieve them of their obligations under the Contract. 8.1.2 Payment Bond. The Payment Bond (material and labor) shall be for not less than one ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-4 hundred percent (100%) of the Contract price. The bond shall be maintained by the Contractor in full force and effect until the completed work is accepted by the City and until all claims for materials and labor are paid. 8.1.3 Faithful Performance Bond. The Faithful Performance Bond shall be for one hundred percent (100%) of the Contract price to guaranty faithful performance of all work, within the time prescribed in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. 8.1.4 Maintenance Bond. The Maintenance Bond shall be for one hundred percent (100%) of the Contract price to guaranty faithful performance of its warranty, maintenance, repair and replacement obligations following completion of the work and its acceptance by the City. 8.1.5 Bond Renewal and Extension. Should any bond become insufficient, the Contractor immediately shall replace the bond with a substitute upon request from the City, and the effective date of the bond shall be from the commencement of work on the project. Should any surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payment shall be deemed due or will be made under the Contract, until a new surety shall qualify and be accepted by the City. Changes in the Work or extensions of time made pursuant to the Contract shall in no way release the Contractor or surety from their obligations. Notice of such changes or extensions shall be waived by the surety. 9. SPECIAL NOTICE Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and the Contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor. 10. BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid, as Prime Contractor for the same work. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders. 11. BIDS TO BE LEFT ON DEPOSIT Unless otherwise required by law, no bid, nor any part thereof, may be withdrawn by the bidder for a period of sixty (60) calendar days after the opening of the bids. 12. MANDATORY NON-COLLUSION AFFIDAVIT A. The City will, before any award of the Contract is made, require any bidder to whom it may make ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-5 an award of the principal Contract, to execute a Non-Collusion Affidavit. B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit. 13. CONTRACTOR’S LICENSE No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A. 14. INDEMNIFICATION AND INSURANCE Contractor shall agree to indemnify, hold harmless and defend City, its officials, officers, and employees, and volunteers from any and all liability or financial loss, including legal expenses and costs of expert witnesses and consultants, resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the activities and operations of Contractor, including its officers, agents, employees, subcontractors or any person employed by Contractor, in the performance of this Agreement, by executing City’s standard Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit Contractor shall agree that Contractor’s covenant under this section shall survive the termination of this Agreement. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Project by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in the Contractor’s bid. 15. PERMITS The Owner will obtain and pay for building, plumbing, electrical, encroachment, and other permits necessary for the construction of the work set forth. The Contractor shall obtain and pay for all licenses required the City including a City business license. There will be no fee for City issued encroachment permits. A portion of this work is in the State of California Department of Transportation Right of Way. The Contractor shall obtain all necessary permits for their operations in this location. 16. PREVAILING WAGES The Contractor is hereby notified that this project is subject to Federal and/or State prevailing wage guidelines as referenced in the Wage Guideline sections of the Contract Specifications. Where both Federal and State Guidelines are listed, the greater of the two listed general prevailing wages shall apply. The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than the wage applicable for their work classification, as specified in the wage guidelines contained in the specifications. ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-6 17. TIME LIMITS OF WORK The work to be performed shall be completed within 60 working days after execution of contract and Notice to Proceed has been issued. 18. GUARANTY All work shall be guaranteed for a period of one year from the date of acceptance by the City. The Contractor shall make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within (10) days after giving written notice to the Contractor, or his agent, the Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof. The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one year. 19. EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) calendar days after the bidder has received the contract documents. 20. ASSIGNMENT The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract. 21. CONTRACTORS INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. ---PAGE BREAK--- INSTRUCTIONS TO BIDDERS I-7 22. SIGNATURE OF CONTRACTOR Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office. Partnerships: The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venture. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. 23. CONDITIONAL CONTRACT AWARD Notwithstanding any action by the City Council of El Cerrito to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law. END OF INSTRUCTIONS TO BIDDERS ---PAGE BREAK--- 12337-0001\741957v3.doc PROPOSAL P-1 PROPOSAL BID SHEET FOR CONTRACT NO. REPLACE WITH EXCEL SHEET DATE: TO THE CITY CLERK OF EL CERRITO, CALIFORNIA: BIDDER (Firm Name) The undersigned hereby proposes and agrees to furnish any and all materials, labor, and services for the following: CONTRACT NO. All in accordance with Plans and Specifications on file at the office of the City Clerk, City of El Cerrito. The Contractor shall be responsible for insuring that his bid covers all of the work presented by the Plans and Specifications. Work shall include all men, materials and labor and incidental expenses as required to complete the project in accordance with the plans and specifications, all full the lump sum price as indicated below. Item Description Spec. Section Reference Estimated Quantity Unit Unit Price Total Price 1 2 3 4 TOTAL BID ---PAGE BREAK--- 12337-0001\741957v3.doc PROPOSAL P-2 REPLACE WITH EXCEL SHEET ---PAGE BREAK--- 12337-0001\741957v3.doc PROPOSAL P-3 BID PROPOSAL TOTAL AMOUNT OF BASE BID: (In Words) (In Figures) TOTAL AMOUNT OF BID ADDITIVE ALTERNATE ONE - BIORETENTION AREA: (In Words) Figures) TOTAL AMOUNT OF BID ADDITIVE ALTERNATE TWO - SLURRY SEAL: (In Words) Figures) BIDDERS ARE REQUIRED TO INCLUDE ALL BID ALTERNATES. AWARD OF CONTRACT SHALL BE BASED UPON THE PRICE OF THE BASE BID PLUS ALL ALTERNATES. HOWEVER, THE CITY RESERVES THE RIGHT TO INCLUDE OR EXCLUDE ALTERNATES IN SUM TOTAL OR INDIVIDUALLY OR IN ANY COMBINATION, BASED UPON BUDGET AVAILABLE FOR THE WORK. The undersigned hereby certifies that he has an appropriate license, issued by the State of California to provide this work; that such license will be in full force and effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed. ---PAGE BREAK--- PROPOSAL P-4 Dated California Contractor’s License No. CONTRACTOR Signature Print or Type Name and Title The above bid proposal includes Addenda No’s . REJECTION OF BIDS: The undersigned agrees that the City of El Cerrito reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest. TIME The undersigned agrees to furnish, within ten (10) calendar days from the receipt of the Notice of Award of Contract, the items required by Section 3-1.01 of the Special Provisions. The failure to timely provide such items The undersigned agrees to begin work within ten (10) calendar days after the date specified in the Notice to Proceed. If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract. BID DEPOSIT There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid DOLLARS AND CENTS ) made payable to the City of El Cerrito and the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City of El Cerrito. NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of work, but the accuracy of these figures is not guaranteed and Bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by Bidder, the unit price will be considered to be the bid. The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be ---PAGE BREAK--- PROPOSAL P-5 considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid. IMPORTANT NOTICE: On a separate sheet of papers, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual co-partners composing firm; or, if individual, state first and last names in full. Contractor is licensed in accordance with California law, LICENSE NO. . Officer’s Signature Title Date Officer’s Signature Title Date Officer’s Signature Title Date Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council. ---PAGE BREAK--- PROPOSAL P-6 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT SUBCONTRACTORS LIST FOR CONTRACT NUMBER C3063-1 The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Works Code – “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of El Cerrito pursuant to Section 4107 of the Public Contracts Code. The following information is required for each subcontractor. Additional pages can be attached if required. Items of Work Full Company Name Complete Address w/Zip Code Phone # Type of State License and # Amount of Bid ---PAGE BREAK--- PROPOSAL P-7 All Subcontractors need to have El Cerrito Business License. Valid license must be obtained prior to submission of signed contracts. Licenses are renewable annually. NOTE:If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, he must provide a separate list of subcontractors for each alternate. Signature of Bidder ---PAGE BREAK--- PROPOSAL P-8 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE FOR CONTRACT NUMBER C3063-1 The Bidder is required to state what work of a similar character to that included in the proposed Contract he has successfully performed, especially for public agencies, and give references which will enable the City to judge his responsibility, experience, skill, and business and financial standing. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance. Signature of Bidder ---PAGE BREAK--- PROPOSAL P-9 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FOR CONTRACT NUMBER C3063-1 The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction. 1. Have you ever been disqualified from any contract? Yes No 2. If yes, explain the circumstances: _ Signature of Bidder Bond No. ---PAGE BREAK--- PROPOSAL P-10 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of El Cerrito (“El Cerrito”) has issued an invitation for bids for the work described as follows: . WHEREAS (Name, address, and telephone number of Bidder) (“Principal”), desires to submit a bid to El Cerrito for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder’s security with their bid. NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by El Cerrito and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by El Cerrito in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. ---PAGE BREAK--- PROPOSAL P-11 Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. ---PAGE BREAK--- PROPOSAL P-12 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CONTRACT NUMBER C3063-1 State of California ) ) ss County of ) , being first duly sworn, deposes and says that he or she is of , 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 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 the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this day of 2003. By: Title Notary Public Date: ---PAGE BREAK--- PROPOSAL P-13 Local Agency Bidder-UDBE Commitment (Construction Contracts)-Exhibit 15-G(1) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT: BID BIDDER'S CONTRACT UDBE GOAL: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED Cert. No. of UDBE AND EXPIRATION DATE NAME OF UDBEs (Must be certified on the date bids are opened - include UDBE address and phone number) DOLLAR AMOUNT UDBE For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Contract Award Date: Total Claimed Participation Local Agency certifies that all information is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: For Caltrans Review: Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Print) Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder - UDBE Commitment (Rev 3/09) Distribution: Copy - Fax immediately to the Caltrans District Local Assistance Engineer (DLAE) upon award. Copy - Include in award package to Caltrans District Local Assistance Original – Local agency files ---PAGE BREAK--- PROPOSAL P-14 INSTRUCTIONS-LOCAL AGENCY BIDDER- UDBE COMMITMENT (CONSTRUCTION CONTRACTS), EXHIBIT 15-G(1) ALL BIDDERS: PLEASE NOTE: It is the bidder’s responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian- Pacific American; 3) Native American; 4) Women. This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian-Pacific American 3. Nation American 4. Women The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Total Contract Amount, Bid Date, Bidder’s Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No’s) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by UDBEs. The UDBE should provide a certification number to the Contractor and expiration date. The form has a column for the Names of UDBE contractors to perform the work (who must be certified on the date bids are opened and include the UDBE address and phone number). Enter the UDBE prime’s and subcontractors’ certification numbers. Prime contractors shall indicate all work to be performed by UDBEs including, if the prime is a UDBE, work performed by its own forces. IMPORTANT: Identify all UDBE firms being participating in the project regardless of tier. Names of the First Tier UDBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. Provide copies of the UDBEs’ quotes, and if applicable, a copy of joint venture agreements pursuant to the Subcontractors Listing Law and the Special Provisions. There is a column for the total UDBE dollar amount. Enter the Total Claimed UDBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of UDBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15-day time period may result in the de-obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. ---PAGE BREAK--- PROPOSAL P-15 UDBE INFORMATIONGOOD FAITH EFFORTS, EXHIBIT 15-H Federal-aid Project No. Bid Opening Date The (City/County of) established an Under-utilized Disadvantaged Business Enterprise (UDBE) goal of for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder – UDBE Commitment” form indicates that the bidder has met the UDBE goal. This will protect the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a UDBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the “Local Agency Bidder – UDBE Commitment” form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled “Submission of UDBE Commitment” of the Special Provisions: A. The names and dates of each publication in which a request for UDBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified UDBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the UDBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of UDBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates C. The items of work which the bidder made available to UDBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate UDBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate UDBE participation was made available to UDBE firms. Items of Work Bidder Normally Performs Item (Y/N) Breakdown of Items Amount Percentage Of Contract ---PAGE BREAK--- PROPOSAL P-16 D. The names, addresses and phone numbers of rejected UDBE firms, the reasons for the bidder's rejection of the UDBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each UDBE if the selected firm is not a UDBE: Names, addresses and phone numbers of rejected UDBEs and the reasons for the bidder's rejection of the UDBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested UDBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to UDBEs: F. Efforts made to assist interested UDBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the UDBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using UDBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. ---PAGE BREAK--- PROPOSAL P-17 Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G(2) (Includes all DBEs including the UDBEs listed at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT: BID BIDDER'S CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE For Local Agency to Complete: Local Agency Contract Number: Federal Aid Project Number: Federal Share: Contract Award Date: Total Claimed Participation Local Agency certifies that the DBE certification(s) has been verified and all information is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: For Caltrans Review: Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Print) Print Name Signature Date Local Agency Bidder DBE Information (Rev 3/09) Distribution: Copy – Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de-obligation of funds for this project. Copy Include in award package to Caltrans District Local Assistance Original – Local agency files ---PAGE BREAK--- PROPOSAL P-18 INSTRUCTIONS – LOCAL AGENCY BIDDER – DBE INFORMATION (CONSTRUCTION CONTRACTS), EXHIBIT 15-G(2) SUCCESSFUL BIDDER: The form requires specific information regarding the construction contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans-Local Assistance), Total Contract Amount, Bid Date, Bidder’s Name, and Contract Goal. The form has a column for the Contract Item Number (or Item No’s) and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. The DBE should provide a certification number to the Contractor and expiration date. The DBE contractors should notify the Contractor in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are opened and include DBE address and phone number). Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if a DBE. IMPORTANT: Identify all DBE firms participating in the project--including all UDBEs listed on the UDBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the successful bidder. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Contract Award Date, Federal Share, Contract and Project Number fields, and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15-day time period may result in the de-obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. ---PAGE BREAK--- CONTRACT C-1 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT CONTRACT FOR CENTRAL AVENUE AND LIBERTY STREET STREETSCAPE IMPROVEMENTS CONTRACT NUMBER C3063-1 FEDERAL PROJECT NUMBER CML-5239(020) THIS CONTRACT, made and entered into the day of , 20 by and between the City of El Cerrito, hereinafter referred to as “CITY”, and hereinafter referred to as “CONTRACTOR”. WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CONTRACT NO. C3063-1, Insurance Forms, this Contract, and all modifications and amendments thereto, and the State Standard Specifications dated 2010 of the California Department of Transportation (“State Standard Specifications”), and the Standard Specifications for Public Works Construction, 2003 edition, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California (“Standard Specifications”), which collectively constitute the Special Provisions, and Technical Specifications for CONTRACT NO. C3063-1. Copies of the State Standard Specifications and Standard Specifications are available from the publisher: Department of Transportation Building News, Incorporated 1900 Royal Oaks Drive 1612 South Clementine St. Sacramento CA 95819 Anaheim, Ca 92802 Telephone (916) 445-3520 Telephone (714) 517-0970 The State Standard Specifications and the Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract. In case of conflict between the State Standard Specifications, the Standard Specifications for Public Works Construction, and the other Contract Documents, the following order of precedence will be followed: A. Contract Documents B. Plans and Specifications ---PAGE BREAK--- CONTRACT C-2 C. State Standard Specifications D. Standard Specifications for Public Works Construction The provisions of Part 1 of the Standard Specifications for Public Works Construction (General Provisions) will not be utilized unless no provision of the Contract Documents or the State Standard Specifications is otherwise applicable. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CONTRACT NUMBER C3063-1 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: , the total amount of the bid. CONTRACTOR agrees to complete the work in a period not to exceed 60 working days per Section 6- 7.2 of the Standard Specifications, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in a cumulative amount not to exceed $10,000, or ten percent (10%) of the contract award whichever is greater. 6. PAYMENTS. On or about the thirtieth (30th) day of the month next following the commencement of ---PAGE BREAK--- CONTRACT C-3 the work, there shall be paid to the CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work. Thereafter, on or about the thirtieth (30th) day of each successive month as the work progresses, the CONTRACTOR shall be paid such sum as will bring the payments each month up to ninety-five percent (95%) of the previous payments, provided that the CONTRACTOR submits his request for payment prior to the last day of each preceding month. Subject to Section 7107 of the Public Contracts Code, the final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after completion of the work as defined by Section 7107 (c)(1)of the Public Contracts Code, and the CONTRACTOR filing a one-year warranty with the CITY on a warranty form provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work 7. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of $500.00 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to notify CITY of any such delay. 8. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 9. PREVAILING WAGES. This project is subject to Federal and/or State prevailing wage guidelines as referenced in the Special Provisions. Where both Federal and State Guidelines are listed, the greater of the two listed general prevailing wages shall apply. The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than the wage applicable for their work classification, as specified in the wage guidelines contained in the specifications. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. Copies of such prevailing rate of per diem wages can be found at the following website: http://www.dir.ca.gov/DLSR/PWD/index.htm. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a ---PAGE BREAK--- CONTRACT C-4 minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. The Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: A. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. B. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. C. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. D. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to keep accurate payroll records, certify and make such payroll records available for inspection as provided by Section1776, and inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. E. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. F. Contractor agrees to comply with the provisions of California Labor Code Section 1810 which provides that eight hours labor constitutes a legal day’s work. in all cases where the same is performed under the authority of any municipal corporation, or of any officer thereof. G. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 10. WORKERS’ COMPENSATION LIABILITY INSURANCE ---PAGE BREAK--- CONTRACT C-5 California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 11. TIME OF THE ESSENCE. Time is of the essence in this Contract. 12. INDEMNIFICATION. Contractor agrees to indemnify, hold harmless and defend City, its officials, officers, and employees, and volunteers from any and all liability or financial loss, including legal expenses and costs of expert witnesses and consultants, resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the activities and operations of Contractor, including its officers, agents, employees, subcontractors or any person employed by Contractor, in the performance of this Agreement, by executing City’s standard Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit Contractor agrees that Contractor’s covenant under this section shall survive the termination of this Agreement.’ 13. INSURANCE. CONTRACTOR shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Project by CONTRACTOR, its agents, representatives, employees, or subcontractors. CONTRACTOR’s insurance shall at all times conform to the following standards: A. CONTRACTOR’s insurance coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. B. CONTRACTOR’s minimum limits of insurance shall be no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. ---PAGE BREAK--- CONTRACT C-6 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to and approved by CITY. D. CONTRACTOR’s general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City of El Cerrito, its elected or appointed officers, officials, employees, and volunteers (including independent contractors who serve CITY as officers, officials, or staff) are covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR. For any claims related to this project, CONTRACTOR's insurance coverage shall be primary insurance as respects CITY, its elected or appointed officers, officials, employees, and volunteers (including independent contractors who serve CITY as officers, officials, or staff). Any insurance or self- insurance maintained by CITY, its elected or appointed officers, officials, employees, and volunteers (including independent contractors who serve CITY as officers, officials, or staff) shall be excess of CONTRACTOR's insurance and shall not contribute to it. The insurance provided by this policy shall not be reduced in coverage or limits, cancelled, or not renewed except after thirty (30) days written notice has been provided to CITY by mail, return receipt requested. CONTRACTOR shall notify CITY thirty (30) days in advance of any anticipated change in the insurance. E. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best's rating of A:VII or better at time the Agreement is executed. F. Verification of Coverage: CONTRACTOR shall furnish CITY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by CITY in connection with this Contract. All certificates and endorsements are to be received and approved by CITY before work commences. 14. CONTRACTOR’S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. ---PAGE BREAK--- CONTRACT C-7 15. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY’s employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 16. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other provider of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 17. CONTRACTOR’S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may, at its expense, substitute securities for any monies withheld by the CITY to ensure performance under the Contract.’ The type of securities deposited and the method of release shall be approved by the City Attorney’s office. 19. RESOLUTION OF CLAIMS. Any dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. 20. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 21. BOOKS AND RECORDS. CONTRACTOR’s books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 22. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 23. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 24. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. ---PAGE BREAK--- CONTRACT C-8 A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR’s subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. B. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, then CITY shall issue a change order under the procedures described in this Contract. D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 25. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 26. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. ---PAGE BREAK--- CONTRACT C-9 27. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 28. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: City Engineer (Contractor’s Info Here) City of El Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 29. TERMINATION. This Contract is subject to termination as provided in Section 8-1.11 of the State Standard Specifications. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: Print or type NAME Print or type TITLE DATED: CITY OF EL CERRITO A Municipal Corporation By: Scott Hanin, City Manager Cheryl Morse, City Clerk ---PAGE BREAK--- BONDS C-10 Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of El Cerrito (“El Cerrito”) has awarded to (Name, address, and telephone number of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. ---PAGE BREAK--- BONDS C-11 This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be executed in duplicate and dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. ---PAGE BREAK--- BONDS C-12 Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of El Cerrito (“El Cerrito”) has awarded to (Name, address, and telephone number of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal’s part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless El Cerrito and its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. ---PAGE BREAK--- BONDS C-13 In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. El Cerrito is the principal beneficiaries of this bond and has all rights of a party thereto. IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be executed in duplicate and dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. ---PAGE BREAK--- BONDS C-14 Bond No. MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of El Cerrito (“El Cerrito”), and (Name, address, and telephone number of Principal) (“Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as Project , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of its warranty, maintenance, repair and replacement obligations following completion of the work and its acceptance by El Cerrito. NOW, THEREFORE, we, the Principal and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Cerrito, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of ---PAGE BREAK--- BONDS C-15 time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. El Cerrito is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety on the date set forth below. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. ---PAGE BREAK--- RELEASE C-16 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE CONTRACT This is to certify that , FILL IN CONTRACTOR’S NAME (hereinafter the “undersigned”) declares to the City of El Cerrito, under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned’s agents, employees or subcontractors used or in contribution to the execution of its contract with the City of El Cerrito with regard to the building, erection, construction, or repair of that certain work of improvement known as CONTRACT NO. situated in the City of El Cerrito, State of California, more particularly described as follows: DESCRIPTION OF WORK The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice of any unpaid sums owing to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit the City of El Cerrito and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or causes of action which exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and the City of El Cerrito or which relate in any way to the work performed by the undersigned with regard to the above-referenced construction project. Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section 1542 of the Civil Code of the State of California which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor.” This release is intended to be a full and general release of any and all claims which the undersigned now has or may, in the future, have against the City of El Cerrito and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between the City of El Cerrito and the Contractor with respect thereto, whether such claims are now known or unknown or are suspected or unsuspected. CONTRACTOR By: Dated: Signature Print Name and Title ---PAGE BREAK--- EXHIBIT C-17 EXHIBIT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement No. or description: Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless City of El Cerrito, its officials, officers, volunteers, agents, and independent contractors who serve as City of El Cerrito officers, officials, or staff, and their successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Printed Name “Indemnitee” City of El Cerrito Printed Name ---PAGE BREAK--- EXHIBIT C-18 Signature Title Signature Title ---PAGE BREAK--- FEDERAL AID PROVISIONS FA-1 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT FEDERAL AID PROVISIONS FOR CONTRACT NUMBER C3063-1 The following Federal-aid provisions are incorporated and are integral to the Contract Documents. They apply in their entirety to this contract. It is the Contractor’s responsibility to fully comply with these provisions and include the various forms that are so intended, into their bid proposal; as well as, submit the various forms that are so intended, to the City during the course of and completion of the contract ---PAGE BREAK--- FEDERAL AID PROVISIONS FA-2 FEDERAL MINIMUM WAGE RATES Federal minimum wage rates dated 08/3/2012 are available for retrieval at one of the following websites: http://www.dot.ca.gov/hq/esc/oe/federal-wages/ca29.pdf, or http://www.access.gpo.gov/davisbacon/davbacsearch.html (Open the link, then click “Selecting DBA WDs”, then select State of California and County of Contra Costa, and click on the General Decision for the construction category applicable to the Project for the required Federal Wage Rates.) The Federal minimum wage rates referred hereinabove are incorporated in these Special Provisions by reference. Any revision issued by addendum during the advertising period is incorporated into these Special Provisions and becomes part of the Contract Documents at the time of Contract award and execution. A hard copy of the Federal minimum wage rates or the rates amended by addendum will be issued to the Contractor by a Work Order upon award of the Contract. Contractor must include the provision contained in this section and a hard copy of the Federal minimum wage rates in all of its subcontracts. ---PAGE BREAK--- FEDERAL AID PROVISIONS FA-3 INSERT FEDERAL REQUIREMENTS HERE ---PAGE BREAK--- GENERAL SPECIFICATIONS G-1 CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS FOR CONTRACT NUMBER C3063-1 SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Contract Documents to construct for the above-stated project. The general items of work include: Replacement of existing concrete sidewalks, curb ramps, and asphalt paving along Central Avenue and Liberty Street in the City of El Cerrito. In addition, the project includes the installation of lighting, irrigation, and street trees along the new sidewalk. LOCATION OF WORK The general locations and limits of the work are as follows: Liberty Street from Central Avenue to Fairmont. Central Avenue from San Pablo to just west of the BART overcrossing. TIME OF COMPLETION The Contractor shall complete all work in every detail within the time limits specified in the Instructions to Bidders, Section 18, herein. STANDARD SPECIFICATIONS The Standard Specifications of the City are contained in the 2003 edition of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of those Standard Specifications are available from the publisher: Building News, Incorporated 1612 South Clementine St. Anaheim, Ca 92802 (714) 517-0970 The Standard Specifications set forth above will control the contract portion and general provisions of these specifications for this contract except as amended by the Plans, Special Provisions, or other Contract ---PAGE BREAK--- GENERAL SPECIFICATIONS G-2 Documents. References in the Special Provisions to “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2010, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of Transportation Central Publication Distribution Unit 6002 Folsom Boulevard Sacramento CA 95819 Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The section numbers of the following Special Provisions coincide with those of the Standard Specifications, dated July 2002 of the State of California, Department of Transportation. Only those sections requiring amendment or elaboration, or specifying options, are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. WAGE RATES AND LABOR CODE REQUIREMENTS SPECIAL WAGE AND LABOR REQUIREMENTS ARE REQUIRED FOR THIS PROJECT. CALTRANS FUNDING REQUIRES 4% DBE AND MANDATORY PREBID MEETING Wage Rates The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5, and 1777.6 of the State Labor Code, excerpt copies of which are contained in Appendix II of these Specifications. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, procedures and certain notices required of the Contractor pertaining to their location. ---PAGE BREAK--- GENERAL SPECIFICATIONS G-3 Clayton Act and Cartwright Act Section 4551 of the State Government Code specifies that in executing a public works contract with the City to supply goods, services, or materials, the Contractor or Subcontractors offer and agree to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall become affective when the City tenders final payment to the Contractor without further acknowledgment by the parties. SUBSTITUTION OF SECURITIES In conformance with the State of California Government Code Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by City of Contractor’s satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney’s office. ---PAGE BREAK---