Anaconda Park Security Fence.pdf

CITY OF WHITTIER

CONSTRUCTION DOCUMENTS

SPECIFICATIONS AND STANDARD PLANS

FOR

25-034 ANACONDA PARK SECURITY FENCE

IN THE CITY OF WHITTIER

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

THE CITY CLERK OF THE CITY OF WHITTIER, CALIFORNIA WILL RECEIVE

AT THE OFFICE IN CITY HALL, IN SAID CITY, UNTIL 10/07/2026 11:00 AM

SEALED PROPOSALS FOR THE PERFORMANCE OF THE ABOVE DESCRIBED SERVICES.

Date: ______________________ Name: Philip Wang Title: City Engineer

Table of Contents

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

CONTRACTOR'S PROPOSAL

PROPOSAL - BIDDING SCHEDULE

COMPENSATION INSURANCE ACKNOWLEDGMENT

INFORMATION REQUIRED OF BIDDER

BID BOND

NON-COLLUSION AFFIDAVIT

AGREEMENT

EXHIBIT “A”

CONTRACT BOND – CALIFORNIA

LABOR AND MATERIAL PAYMENT BOND – PUBLIC WORKS

GENERAL PROVISIONS

TECHNICAL SPECIFICATIONS

SECTION 1- GENERAL

SECTION 2 - SCOPE OF THE WORK

SECTION 3 - CONTROL OF THE WORK

SECTION 4 - CONTROL OF MATERIALS

SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK

SECTION 7- MEASUREMENT AND PAYMENT

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL

SECTION 9 - GENERAL CONDITIONS

SECTION 10 - POTHOLE AND PROTECTION OF EXISTING UTILITIES

PART 3 - CONSTRUCTION METHODS

SECTION 300 - EARTHWORK

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

SECTION 304 - METAL FABRICATION AND CONSTRUCTION

NOTICE INVITING BIDS

25-034 - ANACONDA PARK SECURITY FENCE

FOR THE CITY OF WHITTIER,

LOS ANGELES COUNTY, CALIFORNIA

If further information is needed regarding this work, please contact: Public Works Department, Monday through Friday from 8:00 A.M. to 5:00 P. M. at (562) 567-9500.

RECEIPT OF PROPOSALS: Notice is hereby given that proposals will be received at the office of the City Clerk, City Hall. 13230 E. Penn St., 90602, Whittier, California, until 10/07/2026 at 11:00 AM they will be publicly opened and declared for the project, 25-034

- ANACONDA PARK SECURITY FENCE, for the City of Whittier, Los Angeles County, California.

DESCRIPTION OF WORK: Removal and existing screen wall, pavement, fence, and planting material, construction of new screen wall, and grading of existing unoccupied lot to expand existing Anaconda Park, in accordance with the project plans as specified hereinafter, project specifications as specified hereinafter for the City of Whittier, Los Angeles County, State of California, and in accordance with the Standard Specifications for Public Works Construction (The Greenbook), 2024 Edition. Specifications of the State of California, Department of Transportation (Caltrans) latest edition, Caltrans Standard Plans, latest edition, and the Manual on Uniform Traffic Control Devices, 2014 Revision 7 or latest edition (CAMUTCD). Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment to complete the project and be responsible for obtaining a no fee encroachment permit(s) for the project from the City of Whittier, Public Works Department.

PLANS: 25-034 - ANACONDA PARK SECURITY FENCE

CIVIL IMPROVEMENT PLANS – ANACONDA PARK 6 sheets

COMPLETION OF WORK: The Contractor shall commence ordering all necessary materials within ten (10) working days after notification that the contract has been executed and shall be completed within Thirty (30) working days after date set forth in the Notice to Proceed.

GUARANTEE: Each bid shall be made on the proposal form furnished by the City of Whittier herewith and shall be in accordance with the plans, specifications and other contract documents and shall be accompanied by a certified check, cashier's check or bidders' bond, payable to City of Whittier in a sum not less than ten percent (10%) of the amount of the bid, as a guarantee that the bidder will enter into the contract for the work, the full amount of such guarantee to be forfeited to City of Whittier should said bidder fail to enter into said contract. The successful bidder will be required to furnish a Faithful Performance Bond in the amount of not less than one hundred percent (100%) of the contract price, a Labor and Material Bond in an amount of not less than one hundred percent (100%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California, and to be subject to the approval of the City Attorney. The Contractor will also be required to furnish a certificate that he/she carries compensation insurance covering his/her employees upon work to be done under this contract, which may be entered into between him/her and City of Whittier for the said work.

OPENING OF PROPOSALS: The proposals will be publicly opened and read at the time and date stated herein, in the Public Works Conference Room of the Whittier City Hall, and the results will thereafter be referred to the City of Whittier Council members for consideration at their regular meeting.

WAGE RATES: Pursuant to the provisions of Section 1770 to 1777, inclusive, of the Labor Code of the State of California, copies of the prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Whittier, 13230 Penn Street, Whittier, California 90602. Interested parties may review them at that location.

CONTRACTOR LICENSE: The contractor shall possess a Class A (General Contractor) in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000,et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded.

DIR REGISTRATION: No prime contractor or subcontractor may be listed on a bid proposal, be awarded a public works contract, or perform work on public works projects, unless registered and maintains registration with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at https://efiling.dir.ca.gov/PWCR.

BUSINESS LICENSE: Contractor shall obtain a City Business License from the City of Whittier. The contract will not be executed until the Contractor obtains such license from the Business License Office at City Hall, 13230 Penn Street, Whittier California (562) 567- 9850.

CITY OF WHITTIER'S RIGHTS RESERVED: City of Whittier reserves the right to reject any or all bids, to accept any portion of any bid, to waive any informality in a bid, and to make awards in the best interest of the City.

PROPOSAL: Proposals must be submitted on forms prepared and furnished. They may be obtained from Plan-Well, at which the bidder may purchase copies of the plans and specifications for a non-refundable amount per set. A mailing address, email and phone number, at which the bidder may be reached, must be left with Plan-Well. The City may consider a proposal from a Bidder not included in the Plan Holders list whose proposal is submitted in the forms issued by the City and such waiver does not provide an advantage to the Bidder. It is the Bidder’s responsibility to obtain all issued addenda.

Go to: https://www.cityofwhittier.org/government/city-clerk/rfps-bids Or: https://customer.e-arc.com/arcEOC/Secures/PWELL_PrivateList.aspx?PrjType=pub

Click on Public Planroom

Look for: 25-034 - ANACONDA PARK SECURITY FENCE https://efiling.dir.ca.gov/PWCR https://www.cityofwhittier.org/government/city-clerk/rfps-bids https://customer.e-arc.com/arcEOC/Secures/PWELL_PrivateList.aspx?PrjType=pub

The City of Whittier complies with the American Disabilities Act. If you require a reasonable accommodation to participate in the pre-bid and bid opening, please contact the Public Works Department, at (562) 567-9500, at least 48 hours before the starting time of the meeting.

CITY OF WHITTIER

Philip Wang City Engineer City of Whittier

PUBLISH:

INSTRUCTIONS TO BIDDERS

PROPOSAL: The proposal shall be made on the forms furnished herewith and shall be firm for 90 days. The completed Proposal shall be enclosed in a sealed envelope bearing the name of the bidder and name of the project. The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's responsibility to see that his/her proposal is received in proper time. Prior to bid opening, the proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or his/her properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals.

The proposals will be publicly opened and read at the time and place stipulated in the Notice Inviting Bids.

Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

DISCREPANCIES IN PROPOSALS: The bidder shall furnish a price for all bid items in the proposal and failure to do so will render the proposal nonresponsive and may cause its rejection. In the event the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, then the prices bid on the individual item shall govern and the total for the schedule will be corrected accordingly.

PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than ten (10%) percent of the total amount named in the proposal. Said check/bond shall be made payable to the City and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) working days after date of written Notice of Award and will furnish satisfactory Faithful Performance Bond, Labor and Material Bond, each of said bonds to be in the amount stated in the Notice Inviting Bids. All bonds submitted to City of Whittier must be with an Insurance Company rated by A.M. Best, Duff and Phelps, Moody’s, Standard and Poor’s or Weiss Research. In case of refusal or failure to enter into said contract, each check or bond, as the case may be, shall be forfeited to City of Whittier. If the bidder elects to furnish a Bid Bond as his/her proposal guarantee, he/she shall use the form herein, or one conforming substantially to it in form.

BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, the bidder shall carefully examine the drawings, specifications, and other contract documents, and he/she shall visit the site of the work. It will be assumed that the bidder is familiar with existing site conditions and that he/she has a clear understanding of the requirements of the contract regarding the furnishing of materials and performance of work.

COMPETENCY OF BIDDER'S: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as to recent date on the form entitled "INFORMATION REQUIRED OF BIDDER" bound herein. No proposal for work will be accepted from a contractor who is not licensed in accordance with applicable state law.

The contractor shall possess a Class A (General Contractor) License in accordance with the provisions of the Contractor’s License Law (California Business and Professions Code, Section 7000,et. seq.) and rules and regulations adopted pursuant thereto at the time this contact is awarded.

DISQUALIFICATION OF BIDDER'S: More than one proposal form from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered for future proposals. ("Non-collusion Affidavit")

RETURN OF PROPOSAL GUARANTEE: Within ten (10) working days after award of the contract, the City of Whittier will return all proposal guarantees, except bonds, to their respective bidder except those accompanying proposals submitted by the three lowest responsible bidders. Those three will be held until the contract has been finally executed after which they will be returned to the respective bidders whose proposal they accompany.

BID PROTEST PROCEDURES: Bid protests shall be in accordance with California Code of Regulations, Title 2, Section 872.1. Any bid protests must be in writing and received by the City no earlier than the issuance of the Notice of Intent to Award, and before 5:00 p.m. no later than five (5) business days after the issuance of the Notice of Intent to Award, and must comply with the following requirements:

1. Only a bidder who has submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

2. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the following information:

a. The name, address, telephone number, and email address of the protester;

b. The signature of the protester or the authorized representative of the protester;

c. The solicitation number;

d. A detailed statement of the legal and/or factual grounds for the protest; and

e. The form of relief requested.

3. A copy of the protest and all supporting documents must also be transmitted by e-mail, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest.

4. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within seven (7) calendar days after the Bid Protest Deadline or after receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation.

Material submitted after the Response Deadline will not be considered.

5. The City Manager or designee shall have up to ten (10) calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within fourteen (14) calendar days of receipt of the bid protest. The City Manager or designee may extend the ten (10) calendar days if necessary to review additional information requested from any bidder.

6. The decision of the City Manager or designee on the bid protest shall be final with no further review.

7. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

Any bid protest shall be submitted via email PubWks@cityofwhittier.org, or may be mailed in a hardcopy to:

City of Whittier 13230 Penn Street

Whittier, CA 90602 Attn: Kyle Cason, Deputy City Manager – Operations mailto:PubWks@cityofwhittier.org

AWARD OF CONTRACT: Award of a contract, if it be awarded, will be made to the lowest responsible bidder whose proposal complies with all the requirements prescribed. City of Whittier reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of City of Whittier. The award, if made, will normally be made within thirty (30) working days of the date for receipt of proposals.

EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with City of Whittier on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within ten (10) working days after date of written Notice of Award. Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the City of Whittier may award the contract to the second lowest responsible bidder. If City of Whittier awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by City of Whittier to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the second lowest responsible bidder refuses or fails to execute the contract, City of Whittier may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidders to execute the contract, such bidders' guarantee likewise shall be forfeited to City of Whittier. The work may then be re-advertised.

CONTRACTOR'S PROPOSAL

Company:_____________________________ Address:______________________________

State License Number:_____________________________

To the City of Whittier City of Whittier 13230 E. Penn Street Whittier, CA 90602

The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all work required under City of Whittier's Specifications entitled:

In accordance with the intent of said Specifications, and all Addenda issued by said City of Whittier prior to opening of the proposals.

Said bidder agrees that within ten (10) working days after receipt of written Notice of Award of the Contract by said City of Whittier, the bidder will execute a contract in the required form, of which the Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, and all Addenda issued by said City of Whittier prior to the opening of proposals, are part, and will secure the required insurance and bonds; and that upon failure to do so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to said City of Whittier as liquidated damages for such failure; provided, that if said bidder shall execute the contract and secure the required insurance and bonds within said time, his/her check, if furnished shall be returned to him/her within ten (10) working days thereafter, and the Bid Bond, if furnished, shall become void.

Said bidder further agrees to complete all work required under the contract within the time stipulated in said Specifications, and to accept in full payment therefore the price named in the Bidding Schedule.

Dated ______________________ ______________________________ Bidder

Signature

Title

PROPOSAL - BIDDING SCHEDULE

The Bidder shall total their bid. Unit prices shall prevail in case the amount disagrees with the total. See Special Provisions for full description of bid items. All quantities hereon are approximate and are to be used only for a comparison of bids. Payment for quantities will be made for the actual material used on the job. The City reserves the right to increase or decrease the amount of any quantity shown and delete any items from the contract. The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all work in accordance with said specifications for the unit price or lump sum set forth in the following schedule:

BIDDING SCHEDULE

Item Quantity Unit Description with Unit Price Written in Words

Unit Price

Total Amount

1 1 LS

Project Mobilization at _____________ per lump sum.

*Written in words

*In figures

2 1 LS

Construction Staking, Surveying & Monument Preservation at

3 1 LS

SWPPP & Storm Water Protection at

4 17,600 SF

Sawcut, Excavate & Dispose Ex.

AC Pavement Section at _____________ per square foot

5 350 LF

Remove & Dispose Ex. CMU Retaining/Screen Wall, Footings, and Gate at _____________ per linear foot.

BIDDING SCHEDULE

Item Quantity Unit Description with Unit Price Written in Words

Unit Price

Total Amount

6 140 LF

Remove & Dispose Ex. Chain Link Fence at

7 20,400 SF

Clear and Grub/Remove Planting Area (~ 3" Depth) at _____________ per square foot.

8 1 LS

Final Grading & Earthwork at

9 425 LF

Construct 6' High CMU Screen Wall at

10 36 LF

Construct Tubular Steel Fence at

11 1 LS

Project Site Transfer and Closeout at

All quantities hereon are approximate and are to be used only for a comparison of bids. Payment for quantities will be made for the actual material used on the job. The City reserves the right to increase or decrease the amount of any quantity shown and delete any items from the contract.

(Items 1 through 11) GRAND TOTAL $________________________ (In Figures)

(Items 1 through 11) GRAND TOTAL ___________________________________

(In Words)

Bidder (Company Name)

Authorized Signature Title

The AGENCY reserves the right to remove any bid items at the time of the AGENCY’S issuance of its Notice to Proceed. For more information, please see Section 3 of the Standard Specifications for Public Works Construction Modifications.

COMPENSATION INSURANCE ACKNOWLEDGMENT

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his/her employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows:

"I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract."

Date Signature

Title

State License Number Company

Address

INFORMATION REQUIRED OF BIDDER

The bidder is required to supply the following information. Additional sheets may be attached if necessary. If requested by CITY, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his/her current financial condition.

1. Firm/Company Name: _____________________________________________

2. Address: _______________________________________________________

3. Telephone No.:__________________________________________________

4. Type of Firm: Individual ( ) Partnership ( ) Corporation ( )

5. Corporation organized under the laws of the State of _____________________

6. Contractor's License: License No. ____________ State __________________

Expiration Date of Contractor’s License __________________________

7. DIR Registration No.: ______________________

8. Names and Titles of all officers of the firm:

9. Number of years of experience in projects of this type ___________________

10.Three projects of this type recently completed:

11. Person who inspected site of the proposed work for your firm:

______________________________ Date Inspected _______________

Agency

Type of

Project

Date

Complete d

Contract

Amount

Name & Phone No. of

Engineer

All persons or parties submitting a bid proposal on the project shall complete the following form setting forth the name, location, and place of business of each subcontractor who will perform work or labor or render services to the prime Contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California, who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime Contractor's total bid.

It is noted that if a Contractor fails to specify a subcontract for any portion of the work to be performed under the contract, he/she shall be deemed to have agreed to perform such portion himself/herself, and he/she shall not be permitted to subcontract that portion of the work except by written consent of the awarding authority. The requirement of the submission of this list, the legal consequences for failure of the Contractor to do so, and other particular details concerning the same shall be as set forth in the "Subletting and Subcontracting Fair Practices Act," California Public Contract Code (Sections 4100 et seq.) to which the bidder is hereby referred.

SUBCONTRACTOR: License No.

Address DIR No.

street city zip Phone No. ( )

Type of work: Value of work street city Zip Phone No. ( )

** Additional copy of this form shall be made if needed

The undersigned further agrees that in case of default in executing the required contract with necessary bonds within ten (10) working days after receipt of the Notice of Award of contract, the proceeds of the check or bond accompanying his/her bid shall become the property of CITY. If CITY awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by CITY to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

The undersigned further agrees to complete the work within THIRTY WORKING DAYS

(30) working days after date set forth in the Notice to Proceed.

If an individual, so state. If a firm or co-partnership, state the firm name and give names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof.)

The representations contained in the attached bid are true and correct and are made under penalty of perjury.

I declare under the provisions of California Administrative Code (Business and Professions) Section 7028.15, that the foregoing is true and correct.

Executed at _______________________ on the ______ day of _____________, 20___.

By: __________________________ President

Secretary

Treasurer

BID BOND

__________________________________ as Principal, and _______________ ______________________________________ as Surety are held and firmly bound unto the City of Whittier, County of Los Angeles (CITY), in the sum of:

_________________________________________________________ dollars, (not less than 10 percent of the total amount of the bid) 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.

Said Principal has submitted a bid to said CITY to perform all work required under the CITY's Specifications entitled:

NOW THEREFORE, if said Principal is awarded a contract by said CITY, and, within the time and in the manner required under the heading " Instructions to Bidder's" bound with said Specifications, enters into a written contract on the form of Agreement bound with said Specifications and furnished the required insurance and required bonds, one to guarantee faithful performance and the other to guarantee payment of labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

In the event suit is brought upon this bond by said CITY and judgment is recovered, said Surety shall pay all costs incurred by said CITY in such suit, including a reasonable attorney's fee to be fixed by the court.

Principal Surety

By _______________________________ By _____________________________

Its____________________________ Its__________________________

By _______________________________ By _____________________________

Its____________________________ Its__________________________ (Seal) (Seal)

Surety signatures on this bond must be acknowledged before notary public, and a legally sufficient power of attorney must be attached to the bond to verify the authority of any party signing on behalf of a surety.

NON-COLLUSION AFFIDAVIT

To: The City of Whittier, California:

That undersigned, in submitting a bid for performing the following work by contract, being duly sworn, deposes and says:

That undersigned has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the following contract:

Business Address Signature of Bidder

Place of Residence Title

State of California

County of _______________________

Subscribed and sworn to (or affirmed) before me on this ________________ of ________________ , 20____, by ______________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(seal) Signature ____________________

AGREEMENT

The following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the City Manager, by and between ______________________, (Contractor) State Contractor’s License No. _______ and the City of Whittier, California, (CITY).

Pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice.

CITY did accept the bid of the Contractor in the amount of ________________________ ______________________________________Dollars ($______________).

CITY has authorized the City Clerk and City Manager to enter into a written contract with Contractor for furnishing labor, tools, equipment, and material for the:

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:

1. DESCRIPTION OF WORK: Removal and existing screen wall, pavement, fence, and planting material, construction of new screen wall, and grading of existing unoccupied lot to expand existing Anaconda Park, in accordance with the project plans as specified hereinafter, project specifications as specified hereinafter for the City of Whittier, Los Angeles County, State of California, and in accordance with the Standard Specifications for Public Works Construction (The Greenbook), Latest Edition. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment to complete the project and be responsible for obtaining a no fee excavation permit(s) for the project from the City of Whittier, Public Works

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract of not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control.

3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within ten (10) working days after receipt of the Notice of Award of the contract or upon notice by the CITY. The Contractor shall order all necessary materials within ten (10) calendar days after date of execution of the contract and shall be completed within thirty (30) working days after date set forth in the Notice to Proceed.

The Contractor shall also furnish the Engineer with statements from the vendors that the orders for the materials and equipment required for this contract have been received and accepted by said vendors within fifteen (15) days from and after date of execution of the contract. Said statements shall give the dates that the materials and equipment will be shipped.

The Contractor shall start work after receiving all materials necessary to complete the described work and a Notice to Proceed from the Engineer. The Contractor shall complete all work within thirty (30) working days after the date set forth to start work in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $3600.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

4. INSURANCE: The Contractor shall not commence work under this contract until he/she has obtained all insurance required hereunder from a surety company or companies acceptable to CITY nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:

Workers’ Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he/she has taken out full compensation insurance for all persons whom he/she may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall have statutory limits and employer's liability insurance’s with limits of not less than $1,000,000 and shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his/her employees.

Contractor, prior to commencing work, shall sign and file with the City a certification 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 work of this contract."

Liability Insurance: The minimum limits of Liability Insurance as specified in Section 7-3 of the Standard Specifications for Public Works Construction are hereby revised as follows:

The contractor shall maintain insurance at least according to the following:

1. Workers' Compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000.

2. Commercial General Liability with a combined single limit of not less than

$2,000,000 per occurrence, and general aggregate of not less than $4,000,000. Such insurance shall:

a. Include products and completed operations liability, owners and contractor protective, blanket contractual liability, and personal injury liability.

b. Name the CITY as additional insured;

c. Be primary for all purposes;

d. Contain standard cross liability provisions.

3. Automobile liability insurance with limits not less than $1,000,000 per occurrence, and with a general aggregate of not less than $2,000,000.

Such insurance shall be issued by a company or companies, authorized to transact business in the State of California. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

Such insurance shall be issued by a surety company or companies authorized to transact business in the State of California.

The contractor shall:

1. Furnish a properly-executed certificate of insurance, which certificate shall clearly evidence all coverage required above and provide that such insurance shall not be terminated nor expire except on thirty (30) days prior written notice to the CITY;

2. Maintain such insurance from the time work first commences until completion of work under this agreement.

3. Replace such certificate for policies expiring prior to completion of work under this agreement.

4. Shall save, keep, and hold harmless CITY, the City of Whittier, its employees, officers, volunteers and agents from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury, received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission by the contractor, any of the contractor's employees, officers, agents and volunteers or any subcontractor. CITY will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

a. The policy of insurance provided for shall contain an endorsement which:

(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.2 (b) hereof to be listed as additional insureds in the policy of insurance provided for by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein;

(2) Provided it shall not be canceled or altered without thirty (30) days written notice thereof given to CITY by registered mail.

b. The Contractor shall at the time of the execution of the contract present the original policies of insurance required or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.

5. PERFORMANCE AND PAYMENT BONDS. Prior to CITY’s execution of this

Agreement, Contractor shall furnish to CITY two (2) duly executed surety bonds using the forms included herein, one (1) as security for the faithful performance of the contract and one (1) as security for the payment of all persons performing labor and furnishing materials in connection with the contract. Both bonds shall be in the amount of one hundred percent (100%) of the contract price and shall be subscribed by an insurer which is authorized to transact surety insurance business in the State of California and rated by A.M. Best, Duff and Phelps, Moody’s, Standard and Poor’s or Weiss Research. Should any bond or surety become insufficient, Contractor shall furnish CITY a new bond within ten (10) days after receiving notice from CITY. No payments will be due or paid under the Contract until any and all bond deficiencies have been remedied. Contractor, by execution of this agreement acknowledges that the bonds are not contract documents, but are separate obligations.

6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor and any subcontractors are required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages and are available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. Copies of such prevailing rates of per diem wages are also on file in the office of the City Clerk of the CITY, 13230 E. Penn St.

Whittier, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. By executing this agreement, Contractor certifies that neither it, nor any of its subcontractors are ineligible under Labor Code Section 1777.1 or Section 1777.7 from bidding on, entering into a contract for, or performing the Work.

The Contractor shall forfeit, as penalty to CITY, two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him/her or by any subcontractor under him/her, in violation of the provisions of said Labor Code.

7. CERTIFIED PAYROLL: Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811, and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

8. DIR REGISTRATION: Labor Code Sections 1725.5 and 1771.1 requires all general contractors and subcontractors to be registered with DIR.

9. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section

1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work.

Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him/her.

Section 1777.5 as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:

a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or

b. When the number of apprentices in training in the area exceeds a ratio of one to five, or

c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or

d. When the Contractor provides evidence that he/she employs registered apprentices on all of his/her contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he/she employs registered ap-prentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and subcontractor under him/her shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

10. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him/her shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended (Labor Code Section 1810 et seq.).

The Contractor shall forfeit, as penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him/her or any subcontractor under him/her, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code (Labor Code Section 1813).

11. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1.

12. CONTRACTOR'S LIABILITY/INDEMNITY: The CITY, its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his/her subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY, the City, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the work or at any time before its completion and final acceptance.

The Contractor will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his/her agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of CITY, the City, its employees, servants, or independent contractors who are directly responsible to CITY or the City of Whittier, and in connection therewith:

a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligation, or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith.

b. The Contractor will promptly pay any judgment rendered against the

Contractor or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold CITY harmless therefrom.

c. In the event CITY, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.

So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damage as aforesaid.

In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. The City shall provide notification to Contractor within ten (10) business days upon receipt of any third-party claim relating to this Agreement.

13. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, nationality, age, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code.

14. CONTRACT PRICE AND PAYMENT: CITY shall pay to the Contractor for furnishing labor, tools and material and doing the prescribed work the unit prices set forth in accordance with Contractor's Proposal dated ________________.

15. SUBSTITUTION OF SECURITIES. In accordance with Section 22300 of the

California Public Contract Code, Contractor may substitute securities for any monies withheld by the City to ensure performance of the Contract. Such substitution shall be made at the request and expense of Contractor. Securities equivalent to the amount withheld may be deposited with the City or with a state or federally chartered bank as escrow agent. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code, bank or saving and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City.

16. BUSINESS LICENSE: Contractor shall obtain a City Business License from the City of Whittier. The contract will not be executed until the Contractor obtains such license from the Business License Office at City Hall, 13230 Penn Street, Whittier California (562) 567-9850.

17. Public Records Act…