CITY OF BELL GARDENS

CONTRACT DOCUMENTS

PLANS, SPECIFICATIONS AND STANDARD DRAWINGS

FOR

ATP CYCLE 6-BELL GARDENS COMPLETE

STREETS IMPROVEMENTS, PHASE 2

C.I.P. No. 3938

IN THE CITY OF BELL GARDENS

PREPARED BY:

3060 Saturn Street Suite 250 Brea, CA 92821

714-940-0100

Contact: Douglas Benash, P.E., City Engineer

Bowman Project No. 440111-01-013

BID OPENING: September 23, 2026 AT 11:00 AM i

BID SCHEDULE

• Bid Period August 27, 2026 – September 23, 2026

• Publish Bid August 27, 2026

• Mandatory Pre-Bid Meeting at September 9, 2026 at 9:00 AM Public Works Yard

• Request for Information Deadline September 16, 2026 at 5:00 PM

• Bid Opening September 23, 2026, (Wednesday, 11:00 AM)

• Anticipated Award of Contract October 26, 2026, City Council meeting

• Pre-Construction Meeting November 2026

• Construction Process November 2026 – June 2027

• Construction-Procurement Phase November/December 2026 (Tentative)

• Construction Begins May 2027 (Tentative)

Bids will be received at the office of the City Clerk, City Hall, 7100 Garfield Avenue, Bell Gardens, CA 90201, 11:00 AM on September 23, 2026

These Specifications have been prepared under the direction of:

Amir Farahani, P.E.

Civil No. 54235 ii

TABLE OF CONTENTS

NOTICE INVITING SEALED BID ................................................................................. A-1

INSTRUCTION TO BIDDERS ...................................................................................... B-1

PROPOSAL ......................................................................................................... C-1

CONTRACT AGREEMENT ......................................................................................... D-1

GENERAL SPECIFICATIONS .................................................................................. GP-1

SPECIAL PROVISIONS – GENERAL SECTION ...................................................... GP-6

SPECIAL PROVISIONS – BID ITEM DESCRIPTIONS ............................................ BD-1

APPENDIX “A” – LIST OF STANDARD PLANS, BICYCLE “SHARROW” PAVEMENT

MARKINGS AND SOLAR POWERED REFLECTIVE STOP SIGN

APPENDIX “B” – TRASH COLLECTION SCHEDULE

APPENDIX “C” – INSTALL PUBLIC IMPROVEMENT PROJECT SIGN

A-1

NOTICE INVITING SEALED BID

PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens, (hereinafter, “CITY” or “AGENCY”) invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on September 23, 2026, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City’s website at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids.

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the

DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation

(regulation not created yet) or the City must post the notices itself.

The bidder is required to submit any Requests for Information (RFIs) via email to Douglas Benash, City Engineer, at dbenash@bowman.com, with a copy to pwinspector@bellgardens.org and biniguez@bellgardens.org. All RFIs must be submitted no later than September 16, 2026 at 5pm PT.

Attendance at a pre-bid meeting is mandatory and will be held on September 9, 2026 at 9:00 am at the Public Works Yard, 8327 Garfield Avenue, Bell Gardens, California 90201. All Prime Contractors are required to have a representative attend and sign in at the pre-bid meeting. Failure to comply with this attendance and sign in requirements will result in Bidder’s proposal being found non-responsive to the required procedures.

http://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids

A-2

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 7-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

ATP CYCLE 6-BELL GARDENS COMPLETE STREETS IMPROVEMENTS, PHASE 2

C.I.P. No. 3938

The bid must be accompanied by cash, a certified or cashier’s check, or bidder’s bond, issued by an “admitted surety insurer” made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.

A-3

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor’s License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The total contract period for this project is one hundred thirty-five (135) working days from the effective date of the Notice to Proceed issued by the City. This includes up to sixty (60) days for procurement and seventy-five (75) days for construction.

Construction may begin after sixty (60) days of the procurement period.

Engineer’s Estimate: $1,735,000

BY ORDER OF the City of Bell Gardens, California.

Dated: August 27, 2026

B-1

INSTRUCTION TO BIDDERS

PROPOSAL FORMS

Bids shall be submitted, in writing, on the Proposal forms provided by the AGENCY or copies thereof. All information requested thereon must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

PROPOSAL GUARANTEE

Proposals must be accompanied by a proposal guarantee consisting of cash, a certified or cashier’s check or bid bond by an “admitted surety insurer” payable to the AGENCY in the amount not less than 10 percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL

Proposals shall be enclosed in a sealed envelope plainly marked on the outside “BID

FOR ATP CYCLE 6-BELL GARDENS COMPLETE STREETS IMPROVEMENTS,

PHASE 2, C.I.P. No. 3938 – IN THE CITY OF BELL GARDENS – DO NOT OPEN WITH REGULAR MAIL”. Proposals may be mailed or delivered by messenger.

However, it is the bidder’s responsibility alone to ensure delivery of the proposal to the hands of the AGENCY’S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered.

WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY’S designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B-2

IRREGULAR PROPOSALS

Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, facsimile, electronic, or telephonic proposal submittal, or modification, or withdrawal will be considered.

TAXES

No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

DISQUALIFICATIONS OF BIDDERS

In the event that any bidder acting as prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposals will be accepted from bidders who are not licensed in accordance with the provisions of the State Business and Professions Code; and who do not possess a State Contractor’s License, Class A, at the time of bid submittal.

DISCREPANCIES AND MISUNDERSTANDINGS

Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS

Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications a lower cost project/bid may result, the bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he considers to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

B-3

LEGAL RESPONSIBILITIES

All proposals must be submitted, filed, made and executed in accordance with State laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per hourly wages as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California in its wage sheets.

AWARD OF CONTRACT

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 60 days, all as may be required to provide for the best interest of the AGENCY. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the City Engineer’s Estimate.

LIQUIDATED DAMAGES

The Liquidated Damages for this project is five hundred dollars ($500.00) per calendar day.

CONSTRUCTION SCHEDULE

The winning bidder must sign and submit the contract to the City within ten (10) days of awarded contract the bonds, insurance certificates and all other documentation necessary prior to start of construction must be submitted to the City at the pre-construction meeting in November 2026. Construction must begin in May 2027.

BID PROTEST PROCEDURES

1. The lack of prompt procedures to resolve disputes regarding the City’s bidding process impair the City's ability to carry out its purpose of completing this Project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the City’s bidding process shall be subject to the mandatory procedures and time limits set forth in this Section.

2. Protests from Prime Contracting bidders regarding any Bid received by the City must be delivered to the City Clerk’s Office on or before 5:00 p.m. on the fourth (4th) City Business Day after the Bid Submittal Deadline. City Business Day shall

B-4 mean those days of the week in which the City is open for business and excludes Friday, Saturday, Sunday, and any City-observed holiday After this date, Bidders shall be deemed to have waived any objection to any Bid received by the City.

3. Written protests must be delivered to and accepted by the City Clerk at the address below on or before the protest submittal deadline specified in this Section. All written Prime Contractor protest letter shall include a sentence/paragraph stating a declaration under penalty of perjury that a copy of the protest was concurrently delivered to all Bidders identified in this paragraph;

that the protest is submitted Protests filed electronically with the City Clerk's Office shall be emailed to the City Clerk at:

CityClerkDesk@bellgardens.org City Clerk's Office City of Bell Gardens 7100 Garfield Avenue Bell Gardens, CA 90201

4. Protests delivered to the City Clerk’s Office by U.S.P.S. or similar delivery method after the deadline for submitting protests specified in this Section, regardless of the date mailed or the pickup date, will be deemed untimely and shall not be considered further.

5. The delivery of a protest to any person (including any other City official, officer, or employee) other than a designated representative of the City Clerk’s Office shall be deemed to have not been delivered to the City Clerk’s Office in strict compliance with the requirements of this Section, will be deemed defective, and

6. To submit a protest, the Protestor must have submitted a Bid as the Prime

Contractor. Protests from subconsultants, subcontractors, or suppliers to the project do not have standing to submit a protest.

7. To be considered valid, each protest shall include the information specified below. Protests that fail to comply with this Section will be deemed defective and

a. Name and business address for the entity responsible for the protest

(‘Protestor’), and the name, business address, phone number, and email address for the contact individual representing the Protestor.

b. A complete and detailed description of the factual and legal justification supporting the protest including the potential prejudice that Protestor will suffer.

c. Support for the protest shall include true copies of specific references to the Bid Documents forming the basis for the protest.

d. Statement identifying the form of relief requested by the Protestor.

8. Bidders are specifically prohibited from relying on the protest of another Bidder.

Each Bidder shall pursue its own protest.

mailto:CityClerkDesk@bellgardens.org

B-5

9. Concurrent delivery of the protest to the City Clerk’s Office, Protestor must deliver a copy of the protest to all Bidders to this Project having a direct financial interest in the outcome of the protest or who may be adversely affected by the outcome of the protest. The proof of delivery required by this paragraph shall be delivered to the City Clerk’s Office within two (2) City Business Days of the date the subject protest was received by the City Clerk’s Office, and the proof shall include a declaration under penalty of perjury that a copy of the protest was concurrently delivered to all Bidders identified in this paragraph. Failure to provide the proof of delivery required by this paragraph shall render the protest defective and untimely, and the protest shall not be considered further.

10. Where a protest identifies a specific Bid, the Bidder submitting the identified Bid

(‘Protestee’) shall have until 4:00 p.m. on the fourth (4th) City Business Day following the protest submittal deadline specified in this Section to provide a written response to the Protestor. The Protestee shall concurrently deliver a copy of the written response to the City Clerk’s Office by the deadline specified in this paragraph.

11. Where a protest is timely, complies with all requirements of this Section, and is not otherwise deemed defective, the City will designate an individual or individuals to review all documents received by the City and to prepare a written response and City decision on the protest. The City’s decision shall be final.

Except as otherwise required by law, no public hearing will be held.

12. Because time is of the essence, the City reserves the right to Award the

Construction Contract and proceed with the Project despite any pending protest or legal challenge.

13. City reserves the right to deem a Bidder nonresponsible on this and any future projects where the Bidder has submitted a protest deemed frivolous by the City.

Such designation as nonresponsible shall remain in place for one (1) year from the date the frivolous protest was received by the City.

14. In accordance with §4104(a)(2) of the California Public Contract Code, an inadvertent error in listing the California contractor license number or public works contractor registration number (DIR Registration No.) provided pursuant to paragraph 4104(a)(1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor within twenty-four (24) hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.

15. The procedure and time limits set forth in this paragraph 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 the Bid protest, including filing a Government Code Claims Act claim or legal proceedings.

C-1

PROPOSAL

TO THE CITY OF BELL GARDENS, as AGENCY

In accordance with AGENCY’S Notice Inviting Sealed Bid, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above-stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump-sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE

OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY

ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump-sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’S default in executing the required contract and filing the necessary bonds and insurance certificates by the dates stablished by the agency after the AGENCY’S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY’S option, be considered null and void.

C-2

BID SCHEDULE

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 the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID SCHEDULE

Item No. Description

Estimated Quantity Unit

Unit Price $

Extended Amount $

1 Mobilization/Demobilization 1 LS

2 Provide Traffic Control 1 LS

3 Sawcut and Remove Existing Concrete Pavement (Sidewalk) 3,934 SF

Sawcut and Remove Existing Concrete Curb or Curb & Gutter

403 LF

5 Sawcut and Remove Existing Concrete Curb Ramp 12 EA

Sawcut and Remove Existing Concrete Pavement (Driveway Approach)

16 SF

Sawcut and Remove Existing Concrete Pavement (Cross Gutter)

1,152 SF

Sawcut and Remove Existing AC Pavement, Base, Sub-base, and Native Soil to clear depth for New Improvement

520 CY

9 Unclassified Excavation 12 CY

10 Construct 4" Thick Concrete Pavement (Sidewalk) 7,686 SF

11 Construct Concrete Median Pavement 371 SF

Construct Concrete Median Curb Per Construction Plan Sheet C-3

272 LF

C-3

No. Description

Estimated Quantity Unit

Unit Price $

Extended Amount $

13 Construct Concrete Curb Per SPPWC Std. Plan 120-3 725 LF

14 Construct Concrete Curb & Gutter 358 LF

15 Construct Concrete Pavement (Cross Gutter) 854 SF

16 Construct Concrete Curb Ramp 14 EA

17 Construct Concrete Pavement (Driveway Approach) 16 SF

18 Construct Asphalt Speed Hump 2 EA

19 Construct 6"-Thick Crushed Miscellaneous Base (CMB) 288 CY

20 Construct 2”-Thick AC Base Course Type B-PG 64-10 169 TON

21 Construct 2"-Thick ARHM Overlay (C2-PG 64-16) 169 TON

22 Install SOD, Marathon Type II 1,048 SF

23 Furnish and Install 3”x12” Rectangular Metal Curb Drain Box 94 LF

24 Furnish and Install Cleanout Box for Rectangular Drain Box 3 EA

25 Furnish and Install Detectable Warning Surface 14 EA

26 Adjust Existing Water Meter and Cover to Finished Grade 1 EA

Remove Existing Water Meter and Cover and install New Water Meter and Cover at New Location

1 EA

28 Adjust Existing Water Valve and Cover to Finished Grade 4 EA

29 Adjust Existing Electric pull box and Cover to Finished Grade 3 EA

Remove and Haul away Existing Sign, Post and its Appurtenances

32 EA

31 Pedestrian Hybrid Beacon /HAWK Traffic Signal Installation 1 LS

32 Furnish and Install New Sign and Post 94 EA

33 Furnish and Install Solar Powered Flashing LED Stop Sign 48 EA

34 Traffic Signing, Striping, Markings and Curb Painting 1 LS

Provide Construction Survey, Staking, Re-establish Survey Monuments and Centerline Ties

1 LS

36 Provide Erosion Control and BMPs 1 LS

37 Furnish and Install Public Improvement Project Sign 7 EA

C-4

No. Description

Estimated Quantity Unit

Unit Price $

Extended Amount $

Provide Material Testing Services as Directed by the Engineer - Allowance

1 LS $15,000 $15,000

TOTAL AMOUNT IN WORDS BASE BID: ____________________________________

____________________________________________________________ DOLLARS.

Company Name Bidder’s Signature

CSLB # DIR#

Company Contractor License Number and DIR Number

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL

PREVAIL.

If the City determines to award a contract for this Base Bid, the City’s determination will be based on the best interest of the City.

All work of this project shall be completed within one-hundred thirty-five (135) working days from the effective date of the Notice-to-Proceed to be issued by the AGENCY. This includes up to sixty (60) days of procurement period and seventy-five

(75) days for construction. Construction may start after sixty (60) days of procurement period.

C-5

DESIGNATION OF SUBCONTRACTORS

BIDDER proposes to subcontract certain portions of the work that are in excess of one-half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows:

Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Portion of Work:

Portion of Work:

Portion of Work:

Portion of Work:

Portion of Work:

Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.

C-6

REFERENCES

The following are the names, addresses, and telephone numbers for three public agencies, being cities, or counties for which BIDDER had performed similar STREET IMPROVEMENT WORK IN THE PUBLIC RIGHT OF WAY within the past 2 years.

Special districts, ie, school, water or taxing districts are not acceptable references:

1. ______________________________________________________________

Name and Address of Owner

Name and telephone number of person familiar with project

Contract amount Type of work Date completed

2. ______________________________________________________________

Name and Address of Owner

Name and telephone number of person familiar with project

Contract amount Type of work Date completed

3. ______________________________________________________________ Name and Address of Owner

Name and telephone number of person familiar with project

Contract amount Type of work Date completed

The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

C-7

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION

BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NONCOLLUSION AFFIDAVIT

BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

C-8

BIDDER’S INFORMATION

BIDDER certifies that the following information is true and correct:

Bidder’s Name ____________________________________________________

Business Address ____________________________________________________

Telephone ____________________________________________________

State Contractor’s License No. and Class___________________________________

Original Date Issued_____________________ Expiration Date__________________

The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal (use additional 8 ½” x 11” sheets if needed):

The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venturer of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venturer are as follows:

All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

C-9

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seal of all forenamed principals this _____ day of _______, 20______.

BIDDER _____________________________________________________

The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

Signature of Contractor’s Representative

Printed Name

Title

Subscribed and sworn to this _____ day of _________________, 20_____.

NOTARY PUBLIC_________________________________________________

C-10

PROPOSAL GUARANTEE

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS that ___________________________, as BIDDER, and __________________________________________________, a corporation organized and existing under the laws of the State of ______________, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of ___________________________________________________________ ________________________________________________________________ Dollars ($_______________), which is ten (10) percent of the total amount bid by BIDDER to AGENCY for the above-stated project, 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 AGENCY 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 voided, otherwise it shall remain in full force and effect in favor of the AGENCY.

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

BIDDER* __________________________________________________________

SURETY* __________________________________________________________

Subscribed and sworn to this _______ day of __________________, 20_____.

NOTARY PUBLIC______________________________________________________

C-11

* Provide BIDDER/ADMITTED SURETY name, address, title and telephone number and the name, title, address, and telephone number of authorized representative.

C-12

BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE

In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE

Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?

Yes_______ No________

If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.

D-1

CITY OF BELL GARDENS

CONSTRUCTION CONTRACT AGREEMENT

ATP CYCLE 6-BELL GARDENS COMPLETE STREETS IMPROVEMENTS, PHASE 2

THIS CONSTRUCTION CONTRACT (hereinafter, “Contract”) is made and entered into this ___________ day of (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and [INSERT CONTRACTOR NAME] (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS

WHEREAS, City requires public works construction services for the (hereinafter, the “Project”); and

WHEREAS, CITY issued notice inviting competitive bids for the Project on

; and

WHEREAS, following the opening of bids on , CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and CONTRACTOR agree as follows:

ARTICLE I (CONTRACT DOCUMENTS)

The contract documents for the aforesaid project shall consist of the Notice Inviting

Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements (hereinafter “Contract Documents”) clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

D-2

ARTICLE II (WORK TO BE PERFORMED)

The CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner INSERT PROJECT NAME, as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.

ARTICLE III (CONTRACT PRICE)

CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of ($ ) for the Project (hereinafter, the “Bid Price”). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

ARTICLE IV (NOTICE AND SERVICE THEREOF)

Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:

(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

City of Bell Gardens Public Works Department Attn: Public Works Director Bell Gardens City Hall 7100 Garfield Avenue Bell Gardens, CA 90201

(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed

D-3 in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

NAME

ADDRESS

Attn:

Phone: ( )

(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ARTICLE V (INSURANCE)

CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker’s compensations, or to undertake self-insurance in accordance with the provisions of that code and certified compliance with such provisions.

CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. CONTRACTOR shall pay the State prevailing wages.

ARTICLE VI (INSURANCE)

A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

B. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to CITY.

C. Without limiting CONTRACTOR’s indemnification of CITY and/or the Indemnified Parties and prior to commencement of the Project, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

D. General liability insurance. CONTRACTOR shall maintain commercial general

D-4 liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

E. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

F. Umbrella or excess liability insurance. [If required to meet higher limits].

CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;

• “Pay on behalf of” wording as opposed to “reimbursement”;

• Concurrency of effective dates with primary policies.

Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

CONTRACTOR’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental

D-5 contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Builder’s risk (course of construction). Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk (course of construction) coverage for the entire duration of the Project until only the CITY has an insurable interest. The builder’s risk coverage shall include the following:

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

Installation floater. If required by the CITY or not covered by builders’ risk (course of construction) coverage, CONTRACTOR shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by CONTRACTOR. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the CONTRACTOR’s care, custody, or control. In addition to CONTRACTOR, the CITY and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date.

Other provisions or requirements:

Proof of insurance. CONTRACTOR shall provide certificates of insurance and required

D-6 endorsements to CITY as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY for the contract period and any additional length of time required thereafter. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time and CONTRACTOR agrees to provide the same.

Duration of coverage. CONTRACTOR shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives, employees, subcontractors or subconsultants. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.