ADA Pedestrian Ramps.pdf

Revised 2/24/23

CITY OF SOLANA BEACH

In San Diego County, California

Bid Document for

ADA Pedestrian Ramps

Bid No.: 2026-02

Revised 2/24/23

TABLE OF CONTENTS

Item Page

NOTICE INVITING BIDS

INSTRUCTION TO BIDDERS

CONTRACTOR'S PROPOSAL

BIDDER'S BOND

GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM

DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID

ITEMS

BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE

BIDDER'S STATEMENT RE DEBARMENT

NON-COLLUSION AFFIDAVIT

PUBLIC WORKS AGREEMENT

LABOR AND MATERIALS BOND

FAITHFUL PERFORMANCE/WARRANTY BOND

SPECIAL PROVISIONS

EXHIBIT 1: FAIR EMPLOYMENT PRACTICES PROVISIONS

EXHIBIT 2: SAN DIEGO COUNTY CONTRACT BID DOCUMENTS FOR HUD FUNDED

CONTRACTS - CHECK LIST

EMPLOYMENT AND CONTRACTING CERTIFICATIONS

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

COUNTY BOARD OF SUPERVISORS POLICY B39A DISABLED VETERANS BUSINESS

ENTERPRISE PROGRAM

MINORITY BUSINESS ENTERPRISE (MBE) BACKGROUND

INSTRUCTIONS FOR FORM HUD-2516

FORM HUD-2516

EMPLOYEES RIGHTS NOTICE

RECORD OF EMPLOYEE INTERVIEW

INSTRUCTIONS FOR FORM HUD-11

STATEMENT OF COMPLIANCE

EXHIBIT A - LIST OF RAMP LOCATIONS

EXHIBIT B - HUD-4010 FEDERAL LABOR STANDARDS PROVISIONS

EXHIBIT C – ANTI-KICKBACK ACT

EXHIBIT D - DAVIS-BACON WAGE RATES

Agreement Revised 2/24/23 Page 3 of 140 Pages ACA approved template February 2023

NOTICE INVITING BIDS

CITY OF SOLANA BEACH, CALIFORNIA

Until 2:00 PM on August 18, 2026, the City shall accept bids at the Office of the City Clerk, 635 South Highway 101, Solana Beach, CA 92075, at which time they will be opened by the City Clerk and read. The bids shall be submitted in sealed envelopes and marked on the outside with the following project title:

PROJECT DESCRIPTION

The work to be done consists of furnishing all materials, equipment, tools, supervision, labor and inci-dentals required to complete the above stated project. The work includes: Constructing six (6) pedes-trian ramps at various street intersection corners, including traffic control, demolition of existing surface improvements and patching, per the List of Ramp Locations (Exhibit A)

OBTAINING PLANS AND SPECIFICATIONS

Plans and Specifications and other contract documents may be secured from the Office of the City Engineer. A non-refundable fee of $25 is required for each set of documents. Mailing fee is an addi-tional $10.

Bid documents may also be downloaded from the City website http://www.ci.solana-beach.ca.us at no charge. Select “City Government,” then “Engineering/Public Works,” then “Projects Accepting Bids.”

It is the Contractor’s responsibility to verify all the contact information for their company (including mailing address, email address, office phone number and office fax number) is included on the elec-tronic plan holder’s list available through the electronic bidding website linked to the City website.

Failure to do so may be cause for rejection of the bid.

REJECTION OF BIDS

The City reserves the right, after opening bids, to reject any or all bids; to make an award to the lowest responsible bidder and reject all other bids; to waive any irregularities or informalities in the bidding;

and to make an award on the base bid or on the basis of any combination of bid schedules and alter-natives or options listed in the bid which, in its opinion, serves the best interest of the City, including awarding different pieces of the work to the same or different bidders.

BID PROTEST

Any bid protest must be in writing and received by the City Clerk at 635 South Highway 101, Solana Beach, CA 92075 before 5:00 p.m. no later than five (5) working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

a. General. Only a bidder who has actually submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to the City no later than the Bid Protest Deadline, unless otherwise specified.

Agreement Revised 2/24/23 Page 4 of 140 Pages ACA approved template February 2023

b. Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the bid documents upon which the protest is based. The protest must include the name, address, email address, and telephone num-ber of the person representing the protesting bidder if different from the protesting bidder.

c. Copy to Protested Bidder. A copy of the protest and all supporting documents must be con-currently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the out-come of the protest.

d. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk at 635 South Highway 101, Solana Beach, CA 92075 before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all sup-porting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person rep-resenting the protested bidder if different from the protested bidder.

ACCEPTABLE LICENSE TYPES

Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a Con-tractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the City. In contracts where federal funds are involved, no bid submitted shall be inval-idated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded; failure of the bidder to obtain proper and adequate licensing for award of this Contract shall constitute failure to execute the Contract and result in forfeiture of the bidder's security. Contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury.

The following classifications are acceptable for this contract: General Engineering Contractor’s Li-cense, State of California Class A, or appropriate Class C Specialty License.

BOND AND INSURANCE REQUIREMENTS

A Performance Bond and Material and Labor Bond, both in amounts equal to 100% of the contract price for this project, in addition to the Bid Bond shall be obtained in accordance with the Contract and the Bid Documents.

The Contractor shall be required to maintain insurance as specified in the contract.

The required insurance policies and bonds shall be placed with carriers admitted and authorized to do business in California and with A.M. Best’s rating of at least “A:VII”.

TIME OF COMPLETION

Time is of the essence in the performance of work under this contract. All work shall be completed in every detail to the satisfaction of the City Engineer within 15 working days after the date of the Notice to Proceed.

PREVAILING WAGE TO BE PAID

The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Labor Code. Copies of such prevailing rate of per diem wages are on file at the office of the City Clerk, which copies shall

Agreement Revised 2/24/23 Page 5 of 140 Pages ACA approved template February 2023 be made available to any interested party on request. Copies of the prevailing rate of per diem wages may also be found at http://www.dir.ca.gov/dlsr/statistics_research.html.The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract.

SUBSTITUTION OF SECURITIES FOR RETENTION AMOUNTS

In accordance with Public Contract Code section 22300, the Contractor will be permitted to substitute securities for retention amounts withheld by the City to ensure performance.

BUSINESS CERTIFICATE

The prime Contractor and all subcontractors performing work are required to have and maintain a valid City of Solana Beach Business Certificate for the duration of the Contract.

PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM (SB 854)

• No contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Unregistered contractors are not qualified to bid on, be listed in a bid, listed as a subcontractor, or engage in the performance of any public works contract, all as more particularly described in Labor Code Section 1771.1(a). The City of Solana Beach has no duty to accept bid or enter into a contract without proof of the Contractor’s current registration pursuant to Labor Code Section 1771.1(b).

• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

• Contractors and subcontractors must furnish electronic certified payroll records to the Labor Com-missioner.

• The prime Contractor shall be required to post the job site with all notices required by regulations per Labor Code Section 1771.4(a)(2), whether or not the City also posts.

AMERICANS WITH DISABILITIES ACT

The Contractor acknowledges its obligations under the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto, including, but not limited to discrimination against quali-fied individuals with disabilities in employment, transportation, public accommodation, telecommuni-cations, and in all activities, programs, and services of the contractor.

MINORITY/WOMEN/DISABLED VETERAN BUSINESSES

The City of Solana Beach strongly encourages the use of Minority/Women/Disabled Veteran Business Enterprises. The percentages of participation shall be documented and submitted to the City.

Date Austin Frisby, City Engineer

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Instruction to Bidders

BID DOCUMENTS

The documents which comprise the Bidder’s bid and that must be completed and properly executed, including notarization where indicated, are:

1. Contractor's Proposal

2. Bidder's Bond

3. Non-Collusion Affidavit

4. Designation of Subcontractor and Amount of Subcontractor’s Bid

5. Bidder's Statement of Technical Ability and Experience

6. Acknowledgement of Addendum(a), if applicable

7. Bidder’s Statement Re Debarment

8. Bidder's Disclosure of Discipline Record

INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS

The bid and the terms of the contract documents and general provisions constitute an irrevocable offer that shall remain valid and in full force for a period of ninety (90) days and such additional time as may be mutually agreed upon by the City of Solana Beach and the Bidder.

No bid will be received unless it is made on the proposal form furnished by the City. Each bid must be accompanied by cash, certified check, cashier's check or bidder's bond made payable to the City of Solana Beach for an amount equal to at least ten percent (10%) of the total amount of the bid. Such guarantee will be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. All bidders shall direct their questions during the bidding period to the Engineering Depart-ment of Solana Beach at (858) 720-2470.

INTENT OF PLANS AND SPECIFICATIONS

Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec-ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Solana Beach except as herein specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Solana Beach except as herein specified.

UNIT PRICES AND COMPUTATION OF BIDS

All bids are to be computed on the basis of the given estimated quantities of work, as indicated in the bid documents, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and com-pared on the basis of the corrected totals or the City may elect not to correct mathematical errors and hold the bidder to the prices listed.

All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Bidder.

EXECUTION OF CONTRACT

The contract shall be signed by the successful bidder and returned together with the contract bonds and insurance certificates, within ten (10) days, excluding Saturdays and Sundays and legal holidays, after

Agreement Revised 2/24/23 Page 7 of 140 Pages ACA approved template February 2023 the bidder has received notice that the contract has been awarded and after receipt of the prepared contract. No bid shall be considered binding upon the City until the execution of the contract.

Failure to execute the contract and file acceptable bonds as provided herein, within ten (10) days after the bidder has received notice that the contract has been awarded to the contractor, shall be just cause for the annulment of the award and the forfeiture of the bid guarantee.

The successful bidder is required to supply to the City before award of the contract with the following information:

1. Comprehensive resumes of the proposed project manager or superintendent.

2. Detailed information about all listed subcontractors, including experience and background.

3. A preliminary proposed schedule for accomplishing the work. This should include all major work elements and phases in a bar chart or other graphical form. This preliminary schedule is not a substitute for the required detailed CPM schedule as required under the contract.

Within thirty (30) days of award of the contract, the City Clerk will return the bid guarantees accompanying each of the bids that are no longer being considered. All other bid guarantees will be held until the contract has been finally executed, after which all bid guarantees, except those forfeited, will be returned to the respective bidders.

The City reserves the right to add or delete any work with a corresponding addition or subtraction to the contract price.

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CONTRACTOR'S PROPOSAL

City Council City of Solana Beach 635 South Highway 101 Solana Beach, CA 92075

The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad-denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Bid No. 2026-02 in accordance with the Plans, Spec-ifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit:

BID SCHEDULE

Estimate Quantities: The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the City Engineer.

BID ITEMS

Item Description Unit Estimated Quantity Unit Price

Extended Amount

ADA Curb Ramp per SDG-130 thru

SDG-135

EA 6

NOTE: MATHEMATICAL ERRORS ON THIS BID SCHEDULE MAY CAUSE YOUR BID TO BE REJECTED.

CHECK YOUR FIGURES CAREFULLY.

FILL IN THE TOTAL BID AMOUNT AND

WRITE THE TOTAL AMOUNT IN NARRATIVE FORMAT

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NUMERICAL BID FIGURES

TOTAL AMOUNT OF BID IN NUMBERS: $__________________________

TOTAL AMOUNT OF BID IN WORDS: _______________________________

Bids must be submitted for the entire work. The amount of the bid for determining the low bidder will be the total of all bid items.

Price(s) given above are firm for ninety (90) days after date of bid opening.

Addendum(a) No(s).____________________ has/have been received and is/are included in this pro-posal.

The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid.

The Undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within ten (10) days from the date of award of the Contract by the City Council of the City of Solana Beach, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.

The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _________________________, classification ________________ which expires on _______________________, and that this statement is true and correct and has the legal effect of an affidavit.

A bid submitted to the City by a contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City (Bus. and Prof. Code § 7028.15(e)). In contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the Contractor shall be properly licensed.

The Undersigned hereby represents that no Council member, officer agent, or employee of the City of Solana Beach is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has induced him/her to enter into this Contract, excepting only those contained in the form of the contract and the papers made a part hereof by its terms; and accompanying this proposal is ______________________________(Cash, Certified Check, Bond or Cashier's Check) for ten per-cent (10%) of the amount bid.

The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before com-mencing the performance of the work of this contract and continue to comply until the contract is complete.

The Undersigned is aware of the provisions of Division 2, Part 7, Chapter 1, Article 2 of the California Labor Code (commencing with section 1770), relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.

Agreement Revised 2/24/23 Page 10 of 140 Pages ACA approved template February 2023

IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:

(1) Name under which business is conducted _____________________________________

(2) Signature (given and surname) of proprietor ____________________________________

(3) Place of Business ________________________________________________________ (Street and Number) City and State _______________________________________________________________

(4) Zip Code ___________________ Telephone No. _________________________________

(5) E-Mail _____________________________________________________

IF A PARTNERSHIP, SIGN HERE:

(1) Name under which business is conducted_________________________________________

(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)

(3) Place of Business ___________________________________________________________ (Street and Number) City and State ______________________________________________________________

(4) Zip Code ___________________ Telephone No. __________________________________

(5) E-Mail _____________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

If a partnership, list names of all general partners, and managing partners:

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IF A CORPORATION, SIGN HERE:

(1) Name under which business is conducted ________________________________________

(2) __________________________________________________________________________ (Signature)

(Title)

Impress Corporate Seal here

(3) Incorporated under the laws of the State of _________________________

(4) Place of Business ________________________________________________________ (Street and Number) City and State ______________________________________________________________

(5) Zip Code _____________________ Telephone No. _______________________________

(6) E-Mail _____________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

If a corporation, list names below of president, vice president, secretary and assistant secretary.

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BID SECURITY FORM

(Check to Accompany Bid)

A certified check or a cashier's check, made payable to the City of Solana Beach for dollars ($ ); or cash in the amount of ____________________________________ dollars ($ ); which amount is not less than ten percent (10%) of the total amount of the bid, is submitted herewith.

The undersigned agrees that if selected as the successful bidder, in case of default in executing the required contract with necessary bonds within ten (10) days, not including Sunday, after having re-ceived notice that the contract is ready for signature, the proceeds of the check or cash accompanying the bid will become the property of the City of Solana Beach.

Date:__________________________ _________________________________________ (Signature of Bidder) (State Contractor's License) (Print Name and Title)

(Print Company Name)

(Business Address)

(CITY, State, Zip)

(If an individual, so state. If a firm or co-partnership, state the firm name, giving names of all individual copartners of the firm. If this is a corporation, give legal name of corporation and the name of president, secretary, treasurer and manager. If LLC, give name of the general manager and managing member(s).)

CORPORATION INFORMATION APPEARS ON THE FOLLOWING PAGE

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OR

Corporation Name:

Address:

State of Incorporation:

Date: By: _________________________ President

By: ____________________________ Secretary

(Seal) By:_______________________________ Treasurer

By:_________________________________

Manager

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BIDDER'S BOND

(To Accompany Proposal)

KNOW ALL MEN BY THESE PRESENTS that __________________________________________, as BIDDER, and ___________________________________________, as SURETY, are held and firmly bound unto the City of Solana Beach (CITY), in the penal sum of ________________________________ dollars ($__________________), which sum is not less than ten percent (10%) of the total amount bid by BIDDER to the CITY for the above stated project, and for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the CITY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the CITY.

IN THE EVENT SUIT IS BROUGHT UPON THIS BOND by the CITY, and judgment is recovered, the SURETY shall pay all costs incurred by CITY in such suit, including a reasonable attorney's fee.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands and seals this day of ______________, 20___.

BIDDER: _______________________________________________________________

By: ________________________________________________________

SURETY:___________________________________________________________________

By:

NOTORIAL ACKNOWLEDGMENT OF EXECUTION BY BIDDER AND SURETY,

IN THE PROPER FORMAT, SHALL BE ATTACHED TO THIS BOND.

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GUIDE FOR COMPLETING THE “DESIGNATION OF

SUBCONTRACTORS” FORM

CAUTION This form will be used by the CITY to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than fifty percent (50%) of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the per-centage of work proposed to be performed by the Bidder.

INSTRUCTIONS The Bidder shall set forth the name, location and Contractor’s license number of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.

The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information shall result in rejection of the bid as non-responsive.

Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the subcontractor installing said item.

When a subcontractor has a Solana Beach business certificate, the number must be entered on the proper form. If the subcontractor does not have a valid business certificate, enter “NONE” in the ap-propriate space.

Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final.

Bidder is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7 or who does not have a valid Solana Beach business certificate.

Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.

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DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF

SUBCONTRACTOR'S BID ITEMS

(To Accompany Proposal)

The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the work and that the listed subcontractors will be used to perform the portions of the work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the CITY.

SUBCONTRACTOR’S BID ITEMS

Portion of Work

Subcontractor Name and Location of Business

Subcontractor’s License No. and

Classification

Amount of Work by Sub-contractor in

Dollars*

Page _____ of _____ pages of this Subcontractor Designation form

* Pursuant to Section 4104 (a)(2)(A) of the California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”

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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND

EXPERIENCE

(To Accompany Contractor’s Proposal)

The Bidder is required to state what work of a similar character to that included in the proposed contract he/she/it has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her/its responsibility, experience and skill. An attachment can be used.

Date Con-tract Com-pleted

Name and Address of the Employer

Name and Phone No.

of Person to Con-tract

Type of Work

Amount of Con-tract

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BIDDER'S STATEMENT RE DEBARMENT

Title 2, CODE OF FEDERAL REGULATIONS, Part 29

1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?

yes no

2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar-ment(s)? Attach additional copies of this page to accommodate more than two debarments.

party debarred agency period of debarment party debarred agency period of debarment

BY CONTRACTOR:

(name of Contractor)

By: __________________________________

(sign here)

(print name/title)

Page _____ of _____ pages of this Re Debarment form

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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.

1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’

State license Board two or more times within an eight year period?

yes no

2) Has the suspension or revocation of your contractor’s license ever been stayed?

yes no

3) Have any subcontractors that you propose to perform any portion of the Work ever had their con-tractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?

yes no

4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed?

yes no

5) If the answer to either of 1 or 3.= above is “yes,” fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore.

(If needed attach additional sheets to provide full disclosure.)

Page _____ of _____ pages of this Disclosure of Discipline form

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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD

(CONTINUED)

6) If the answer to either of 2 or 4 above is “yes,” fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, and describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.

(If needed attach additional sheets to provide full disclosure.)

BY CONTRACTOR:

(name of Contractor)

By: ____________________________________ (sign here)

(print name/title)

Page _____ of _____ pages of this Disclosure of Discipline form

Agreement Revised 2/24/23 Page 23 of 140 Pages ACA approved template February 2023

NON-COLLUSION AFFIDAVIT

State of California ) ) ss.

County of )

______________________________________________________, being first duly sworn, deposes (Name of Bidder) and says that he or she is ________________________________________________________ (Title) of ___________________________________________________________________________, (Name of Firm) 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, com-munication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed con-tract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the ______________ day of ___________________________, 20____.

Signature of Bidder

Subscribed and sworn to before me on the ___________ day of _____________________, 20____.

(NOTARY SEAL) ________________________________________________

Signature of Notary

Agreement Revised 2/24/23 Page 24 of 140 Pages ACA approved template February 2023

PUBLIC WORKS AGREEMENT

This agreement ("Agreement") is made this day of , 202__, by and between the City of Solana Beach, a municipal corporation (“CITY”), and _______________________, a/an <Insert Entity Type> (“CONTRACTOR”), whose principal business address is: , regarding the public works pro-ject referred to as <title of project> (“Project”). The CITY and CONTRACTOR (“Parties”) agree as follows:

I. DESCRIPTION OF WORK

A. The work to be performed pursuant to this Contract is the entire completed construction, or if so specified in the Contract Documents, the completion of the various separately identifiable parts thereof. The work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction as required.

II. CONTRACT DOCUMENTS

A. The Contract Documents consist of the following documents, which together form the complete contract ("Contract") between the CITY and CONTRACTOR:

1. This Agreement including exhibits

2. CONTRACTOR's Proposal

3. Bidder's Bond

4. Non-Collusion Affidavit

5. Designation of Subcontractors and Amount of Subcontractor’s Bid

6. Bidder's Statement of Technical Ability and Experience

7. Acknowledgement of Addendum

8. Bidder’s Statement Re Debarment

9. Bidder's Disclosure Of Discipline Record

10. Instructions to Bidders

11. Plans and Specifications

12. General Conditions and Provisions

13. Special Conditions and Provisions

14. Performance Bond

15. Labor and Materials Bond

16. All properly approved and written addenda and change orders executed pursuant to the provisions of the Contract

III. CONTRACT PRICE

A. The CITY agrees to pay <Insert Contract Amount> (“Contract Price”) for the work detailed in the Bid Documents and this Contract and CONTRACTOR agrees to commence and complete the work for the bid price listed on the Bid Schedule.

B. The CONTRACTOR further agrees that said compensation fully compensates for any and all loss and damage which arises out of the nature of the work of improvement or from the acts of the elements or from unforeseen difficulties or obligations which may arise or be encountered during the progression of the work and prior to acceptance by the CITY.

IV. PERFORMANCE OF WORK

A. Labor. The CONTRACTOR shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. The CONTRACTOR shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract.

Agreement Revised 2/24/23 Page 25 of 140 Pages ACA approved template February 2023

The CONTRACTOR shall be responsible to see that the finished work complies accurately with the Contract. The work specified by the Contract includes all work necessarily implied from the Contract Documents for the successful completion of the project. Items of work which are necessarily implied from the Contract shall be provided by the CONTRACTOR at the CONTRACTOR’s expense to fulfill the intent of the Contract.

B. Materials. Unless otherwise specifically provided in the specifications, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for furnishing performance, testing, start-up, and completion of the work. All materials and equipment (other than CONTRACTOR's equipment) shall be of good quality and new except as otherwise provided in the Contract. Whenever the words "or equal" appear in the plans or specifications it shall mean equal in the opinion of the City Engineer. Approval of the City Engineer of a substitute proposed by the CONTRACTOR for a specified method or material shall not relieve the CONTRACTOR of responsibility for full compliance with the plans and specifications and for the adequacy of the substituted method or materials.

C. Subcontractors. The CONTRACTOR shall be fully responsible to the CITY for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing, as the CONTRACTOR is responsible for its own acts and omissions. Nothing in the Contract shall create any contractual relationship between the CITY and any subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any moneys due any subcontractor, suppliers or other person or organization except as may otherwise be required by law.

D. Safety and Interference with CITY Functions. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide necessary protection to prevent damage, injury or loss of the following:

1. All employees, laborers, materials, supplies and all else on the Project, and other persons and organizations who may be affected thereby;

2. All work, materials, and equipment to be incorporated therein, whether in storage on or off the site;

3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction.

4. To the extent that the work is located in public right-of-way or on property, which is open to the public, the CONTRACTOR shall give good and adequate warning to the public of each and every dangerous condition resulting from the work and shall take all reasonable action to protect the public from these conditions. CONTRACTOR shall conduct its work so as to minimize interference with normal CITY activities, keep the site clean and orderly at all times, and upon completion of the work, leave the premises clean and free from all excess materials, tools, equipment, rubbish, and debris. When the contract requires construction in the public street, CONTRACTOR shall coordinate traffic control with the appropriate enforcement agencies and with the City Manager.

V. COMMENCEMENT AND COMPLETION OF WORK

A. The CONTRACTOR agrees to commence work within ten (10) calendar days after the date of written Notice to Proceed is issued by the CITY and to complete the same within fifteen (15) working days after the date of commencement of work (“Contract Time”).

B. As the work progresses, and upon written request by the City Engineer, the CONTRACTOR shall submit within five (5) working days of the date of the written request, a supplementary schedule

Agreement Revised 2/24/23 Page 26 of 140 Pages ACA approved template February 2023 consistent with the actual progress of the work.

C. Schedule Delays: If there is any delay in the CONTRACTOR’s activity, it shall clean the site of all construction debris and prepare the site to remain undisturbed until such time as it shall return to complete the Contract work prior to quitting the site. If rain is expected which could damage work already performed or which could present a hazard to surrounding improvements, it shall be the CONTRACTOR’s responsibility to protect and/or repair such improvements from erosion, siltation or other damage, at no additional cost to the CITY.

VI. LIQUIDATED DAMAGES

A. Failure of the CONTRACTOR to complete the work within the Contract Time will result in damages being sustained by the CITY. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the Contract Time specified for which all work is not completed, the CONTRACTOR shall pay to the CITY or have withheld from monies due it, the sum of $250. Execution of the Contract shall constitute agreement by the CITY and CONTRACTOR that $250 per day estimate of the value of the costs and actual damage caused by failure of the CONTRACTOR to complete the work within the allotted Contract Time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the CONTRACTOR if such delay occurs.

VII. EFFECTIVE DATE

A. The effective date of this Agreement shall be the date upon which the last party signs.

VIII. APPLICABLE LAWS

A. The CONTRACTOR shall comply with all applicable local, state and federal laws and regulations now in effect or hereafter enacted. This includes maintaining a City of Solana Beach business certificate.

IX. INDEPENDENT INVESTIGATION

A. CONTRACTOR has made an independent investigation of the job site, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract Price includes payment for all work that may be done by CONTRACTOR, whether anticipated or not in order to overcome underground conditions. Any information that may have been furnished to CONTRACTOR by CITY about underground conditions or other job conditions is for CONTRACTOR's convenience only, and CITY does not warrant that the conditions, including underground conditions and has not relied on information furnished by CITY.

X. CONTRACTOR RESPONSIBLE FOR UNFORESEEN CONDITIONS

A. CONTRACTOR shall be responsible for all loss or damage arising from the nature of the work, from weather damage, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the CITY. CONTRACTOR shall also be responsible for expense incurred in the suspension or discontinuance of the work. However, CONTRACTOR shall not be responsible for reasonable delays in completion of the work caused by acts of God, unusual weather, extra work, or matters which the specifications expressly stipulate will be borne by the CITY.

Agreement Revised 2/24/23 Page 27 of 140 Pages ACA approved template February 2023

XI. EXISTING UTILITIES

A. The parties acknowledge the provisions of Section 4215 of the California Government Code which provides that in any contract to which a public agency as defined by Section 4401 of that code is a party, the public agency shall assume the responsibility of the parties to the contract for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. CITY will compensate the CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.

B. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the CITY or the owner of the utility to provide for removal or relocation of such facilities.

C. Nothing herein shall be deemed to require the CITY to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as building, meter and junction boxes on or adjacent to the construction site; provided; however, nothing herein shall relieve the CITY from identifying main or trunk lines in the plans and specifications.

D. If CONTRACTOR, while performing the Contract, discovers utility facilities not identified by the public agency in the plans and specifications, it shall immediately notify the CITY and utility in writing.

E. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit CONTRACTOR to do such work at a reasonable price.

XII. SHOP DRAWINGS

A. Shop drawings are all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the work, and all illustration, brochures, standard schedules, performance charges, illustrations, diagrams, and other information prepared by a supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the work. CONTRACTOR shall submit to the City Engineer with such promptness as to cause no delay in the work, two (2) copies of all drawings and schedules required. CONTRACTOR shall make all corrections required by the City Engineer, file with the City Engineer two (2) corrected copies and furnish such other copies as may be needed.