CONTRACT DOCUMENTS

SPECIFICATIONS AND STANDARD DRAWINGS

for the

BREA SENIOR CENTER PARKING LOT RESURFACING

PROJECT NO. 7978

in the

C I T Y O F B R E A

One Civic Center Circle

BREA, CALIFORNIA 92821

(714) 990-7667

BIDS DUE:

September 17, 2026

2:00 PM, 3rd FLOOR

City Clerk's Office

MICHAEL HO, PE

PUBLIC WORKS DIRECTOR

Approved by:

Michael S. Ho, Director of Public Works Date

R.C.E. No. 70299 Exp. 9/30/26 ii

TABLE OF CONTENTS

SECTION A

NOTICE INVITING SEALED BIDS ...................................................................................A-1

SECTION B .......................................................................................................................................... B-1

INSTRUCTIONS TO BIDDERS ........................................................................................... B-1

1. Proposal Forms .......................................................................................................... B-1

2. Proposal Guarantee .................................................................................................... B-1

3. Proposal Signature ..................................................................................................... B-1

4. Delivery Of Proposal ................................................................................................. B-2

5. Return Of Proposal Guarantees ................................................................................. B-2

6. Taxes .......................................................................................................................... B-2

7. Disqualification Of Bidders ....................................................................................... B-2

8. Contractor's License Requirement ............................................................................. B-2

9. Registration with the Department of Industrial Relations ......................................... B-3

10. References ................................................................................................................ B-3

11. Listing Of Subcontractors ........................................................................................ B-3

12. Discrepancies And Misunderstandings .................................................................... B-3

13. Equivalent Materials ................................................................................................ B-3

14. Legal Responsibilities .............................................................................................. B-4

15. Award Of Contract ................................................................................................... B-4

16. Material Guarantee................................................................................................... B-4

17. Execution Of Contract ............................................................................................. B-4

18. Submission of Bonds And Insurance ....................................................................... B-5

19. Addenda ................................................................................................................... B-5

20. Blank ........................................................................................................................ B-5

21. Questions to the Engineer ........................................................................................ B-5

22. RFI (SEE NEXT PAGE) ......................................................................................... B-5

RFI Form ........................................................................................................................ B-6

CITY OF BREA

PUBLIC WORKS DEPARTMENT

One Civic Center Circle

BREA, CALIFORNIA 92821

(714) 990-7667 iii

SECTION C .......................................................................................................................................... C-1

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

LIST OF SUBCONTRACTORS ............................................................................................ C-4

NON-COLLUSION AFFIDAVIT TO BE SUBMITTED WITH PROPOSAL ................. C-5

BIDDERS STATEMENT OF "ANTI-KICKBACK" REQUIREMENTS ........................ C-6

UTILITY AGREEMENT ....................................................................................................... C-7

DISQUALIFICATION QUESTIONNAIRE ........................................................................C-8

COMPENSATION INSURANCE CERTIFICATE ............................................................C-9

BIDDER'S INFORMATION .................................................................................................C-10

RESPONSIBLE BIDDER'S SUPPLEMENTAL QUESTIONNAIRE ..............................C-12

BIDDER'S BOND ...................................................................................................................C-16

BIDDER'S CERTIFICATION ..............................................................................................C-18

NOTICE OF AFFIRMATIVE ACTION..............................................................................C-19

DESIGN ENGINEER MAY NOT BID ON CONSTRUCTION CONTRACT ................C-20

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION .....................................C-21

DEBARMENT AND SUSPENSION CERTIFICATION ...................................................C-22

NONLOBBYING CERTIFICAITON FOR FEDERAL-AID CONTRACTS ..................C-23

DISCLOSURE OF LOBBYING ACTIVITIES ...................................................................C-24

SECTION D .......................................................................................................................................... D-1

SAMPLE CONTRACT ........................................................................................................... D-1

SECTION E .......................................................................................................................................... E-1

SPECIAL PROVISIONS ........................................................................................................ E-1

PART 1 GENERAL PROVISIONS ....................................................................................... E-2

SECTION 1 GENERAL .......................................................................................................... E-2

1-1 BUILD AMERICA, BUY AMERICA (BABA) .......................................................E-2

1-2 TERMS AND DEFINITIONS ..................................................................................E-2

SECTION 2 SCOPE AND CONTROL OF WORK ...............................................................E-3

2-1 AWARD AND EXECUTION OF THE CONTRACT .............................................E-3

2-3 SUBCONTRACTS ....................................................................................................E-3

2-4 CONTRACT BONDS ...............................................................................................E-3

2-5 PLANS AND SPECIFICATIONS ............................................................................E-4

2-6 WORK TO BE PERFORMED..................................................................................E-5

2-9 SURVEYING ............................................................................................................E-5

2-10 AUTHORITY OF BOARD AND ENGINEER ......................................................E-5

2-11 INSPECTION ..........................................................................................................E-5 iv

SECTION 3 CHANGES IN WORK ........................................................................................E-7

3-3 EXTRA WORK .........................................................................................................E-7

SECTION 4 CONTROL OF MATERIALS............................................................................E-8

4-1 MATERIALS AND WORKMANSHIP ...................................................................E-8

SECTION 5 UTILITIES ........................................................................................................E-10

5-1 LOCATION ............................................................................................................. E-10

5-4 RELOCATION ........................................................................................................ E-10

5-5 DELAYS ................................................................................................................. E-10

5-7 UTILITY MARKINGS ........................................................................................... E-11

SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK ..E-12

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ..E-12

6-2 PROSECUTION OF WORK .................................................................................E-12

6-7 TIME OF COMPLETION......................................................................................E-13

6-9 LIQUIDATED DAMAGES ...................................................................................E-14

SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR .........................................E-15

7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES .................................E-15

7-2 LABOR ...................................................................................................................E-15

7-3 LIABILITY INSURANCE.....................................................................................E-15

7-5 PERMITS ...............................................................................................................E-16

7-8 WORK SITE MAINTENANCE ............................................................................E-17

7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS .......E-19

7-10 PUBLIC CONVENIENCE AND SAFETY .........................................................E-20

SECTION 9 MEASUREMENT AND PAYMENT ..............................................................E-23

9-3 PAYMENT .............................................................................................................E-23

PART 2 CONSTRUCTION MATERIALS ......................................................................................E-25

ROCK MATERIALS ............................................................................................................E-25

BITUMINOUS MATERIALS ..............................................................................................E-27

PART 3 CONSTRUCTION METHODS..........................................................................................E-28

EARTHWORK ......................................................................................................................E-28

ROADWAY SURFACING ...................................................................................................E-30 v

APPENDICES

APPENDIX A: PROJECT PLANS

APPENDIX B: FORM FHWA 1273

APPENDIX C: FORM HUD 4010

APPENDIX D: FEDERAL WAGE RATE

APPENDIX E: SECTION 3 REQUIREMENTS

APPENDIX F: MBE/WBE CERTIFICATION

APPENDIX G: DAVIS BACON LABOR STANDARDS

APPENDIX H: PERFORMANCE BOND

APPENDIX I: PAYMENT BOND

APPENDIX J: WARRANTY BOND

BREA SENIOR CENTER PARKING LOT RESURFACING A-1 CIP 7978

S E C T I O N A

N O T I C E I N V I T I N G S E A L E D B I D S

NOTICE IS HEREBY GIVEN that the City of Brea, as AGENCY invites sealed bids for the below stated project and will receive sealed bids for the materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the Bid Package until 2:00 p.m. on September 17, 2026.

1. Project Name: BREA SENIOR CENTER PARKING LOT RESURFACING

The work to be constructed hereunder is located on Sievers Avenue fronting the Brea Senior Center and

Arovista Park in the City of Brea, California. The project generally consists of, but is not limited to, grinding and overlaying existing street pavement, other improvements and work as defined within the

Specifications and as shown on the Plans.

2. Obtaining Bid Documents: A copy of the Bid Package (including the plans, specifications, and contract documents) may be downloaded at no cost from the publicpurchase.com. All bidders shall register with publicpurchase.com in order to retrieve plans, specifications, addenda, bidders’ list, etc.

3. Bid Opening: Bids will be publicly opened and read at reasonable time following the time stated above in the City Conference Center, located at 1 Civic Center Circle, Brea, California 92821 on 2:00 p.m. on September 17, 2026. Sealed bids will be received at all times during normal business hours prior to the date and time stated above, at the Office of the City Clerk, One Civic Center Circle, Brea, California 92821. The outside of the sealed envelope of each bid submitted shall be clearly marked:

“SEALED BID BREA SENIOR CENTER PARKING LOT RESURFACING PROJECT NO.

7978, DO NOT OPEN WITH REGULAR MAIL”.

4. Contractor's License: In accordance with provisions of Section 3300 of the California Public

Contract Code, the AGENCY has determined that the Contractor shall possess a valid California

Contractor's License Class “A” (General Engineering) or Class “C-12” (Earthwork and Pavement

Contractor) or combination thereof with the use of subcontractors with the required CA license to perform each specific Scope of Work as listed in the Proposal Section C of the Specifications at time of Bid. Failure to possess such license(s) at time of Bid may render the bid non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.

5. Self-Performance Percentage: The Prime Contractor bidding on this Project shall self-perform a minimum of 30% of the Scope of Work.

6. Registration with the Department of Industrial Relations: The Bidder’s attention is directed to

Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

BREA SENIOR CENTER PARKING LOT RESURFACING A-2 CIP 7978

7. Build America, Buy America (BABA): This project is federally funded and subject to BABA requirements defined in the Code of Federal Regulations, 2 CFR 184.3. As appropriate and to the extent consistent with law, and to the greatest extent practicable under a Federal award, the Contractor shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, steel, manufactured products, and construction materials). These requirements must be included in all subawards/subcontractor contracts and purchase orders for work or products under this project award.

8. Prevailing Wages: In Pursuant to California Labor Code Sections 1770, 1773, 1773.1, 1773.6, and

1773.7, as amended, the applicable prevailing wages for this project have been determined. It shall be mandatory upon the contractor to whom the contract is awarded and upon subcontractor under him to pay not less than the higher of the Federal and the State prevailing wage rates to all workers employed by them in the execution of the contract. The applicable Federal prevailing wage rates are those that are in effect ten (10) calendar days prior to bid opening; they are set forth on the U.S. Department of Labor website: https://sam.gov/content/wage-determinations. Lower State wage rates for work classifications not specifically listed in the Federal wage decision are not acceptable. The applicable State prevailing wage rates are set forth on the California Department of Industrial Relations website:

http://www.dir.ca.gov/DLSR/PWD but are not printed in the Specifications; these rates are subject to predetermined increases.

Conflict of Interest: in the procurement of supplies, equipment, construction, and services by subrecipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A-110, and 24 CFR

570.611 shall apply. No employee, officer, or agent of the sub-recipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.

This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards.

Attention is directed to the Federal minimum wage rate requirements in these Special Provisions. If there is a difference between the minimum wage rates (predetermined by the Secretary of Labor), and the general prevailing wage rates (determined by the Director of the California Department of Industrial

Relations) for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the

Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where

Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the

Federal minimum wage rate which most closely approximates the duties of the employees in question.

9. Bid Security: Each bid shall be accompanied by bid security in the form of a cashier's check, certified check or bid bond in the amount of 10% of the total bid amount. All cashier's checks or certified checks must be drawn on a responsible bank doing business in the United States and shall be made payable to THE CITY OF BREA. A bonding company admitted and licensed to do business in the State of California must issue bid bonds. Bids not accompanied by the required bid security shall be rejected.

Cash and personal or company checks are NOT acceptable.

10. Payment Bond and Performance Bond: A Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the Contractor.

BREA SENIOR CENTER PARKING LOT RESURFACING A-3 CIP 7978

11. Retention: In accordance with the Contract, five percent (5%) of any progress payment will be withheld as a retention. Pursuant to Section 22300 of the Public Contract Code, at the request and expense of the Contractor, approved securities equivalent to the amount withheld may be deposited with the AGENCY or with a state or federally chartered bank as the escrow agent, and AGENCY shall then pay such moneys to the Contractor. Refer to the Contract for further clarification.

12. Contact Person: Questions regarding this Notice Inviting Bids shall be directed to: Michael Ho, Public Works Director at (714) 990-7698 or email: michaelh@cityofbrea.gov.

ALL BONDS ISSUED SHALL BE FROM A BONDING COMPANY ADMITTED AND

LICENSED TO DO BUSINESS IN THE STATE OF CALIFORNIA.

THE AGENCY RESERVES THE RIGHT TO REJECT ANY BID OR ALL BIDS AND TO

WAIVE ANY INFORMALITY OR IRREGULARITY IN ANY BID AND TO TAKE ALL BIDS

UNDER ADVISEMENT FOR A MAXIMUM PERIOD OF 60 DAYS. ANY CONTRACT

AWARDED WILL BE LET TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.

NO BID SHALL BE CONSIDERED UNLESS IT IS PREPARED ON THE APPROVED

PROPOSAL FORMS IN CONFORMANCE WITH THE INSTRUCTIONS TO BIDDERS.

BREA SENIOR CENTER PARKING LOT RESURFACING B-1 CIP 7978

S E C T I O N B

I N S T R U C T I O N S T O B I D D E R S

1. Proposal Forms

Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Third Floor City Hall, One Civic Center Circle, Brea, California, which shall be endorsed with the Project Title and Project Number as it appears on the Notice

Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY.

2. Proposal Guarantee

Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY.

3. Proposal Signature

If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given;

and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

BREA SENIOR CENTER PARKING LOT RESURFACING B-2 CIP 7978

4. Delivery of Proposal

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

“SEALED BID”

for

CITY OF BREA - 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.

5. Return Of Proposal Guarantees

The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders.

6. 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 that may be applicable.

7. Disqualification Of Bidders

In the event that any bidder acting as a direct 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. While doing so, may also submit a formal proposal as a direct contractor.

8. Contractor's License Requirement

This project requires the Contractor to possess a valid State of California contractor's license as stated in Section A “Notice Inviting Sealed Bids”.

BREA SENIOR CENTER PARKING LOT RESURFACING B-3 CIP 7978

9. Registration with the Department of Industrial Relations

The Bidder’s attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

10. References

All reference information called for in the bid proposal must be submitted with the bid proposal.

11. Listing of Subcontractors

Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one-half of one percent of the Contractor's total bid.

12. 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 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. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal.

13. Equivalent Materials

Requests for the use of equivalents to those specified, must be submitted to the AGENCY. Only substitutions approved prior to bid due date via addenda Product Substitutions, will be considered.

No substitutions will be considered after bid due date and contract award. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent.

BREA SENIOR CENTER PARKING LOT RESURFACING B-4 CIP 7978

14. Legal Responsibilities

All proposals must be submitted, filed, made and executed in accordance with State and Federal 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 diem 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.

15. Award Of Contract

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. 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.

16. Material Guarantee

The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public

Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion.

17. Execution Of Contract

The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the Notice of Intent to Award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised.

BREA SENIOR CENTER PARKING LOT RESURFACING B-5 CIP 7978

18. Submission of Bonds And Insurance

The successful bidder will be required to furnish the necessary bonds and insurance to the

AGENCY within 10 working days from the date of the Notice of Intent to Award for the Contract.

Prior to issuance of Notice to Proceed, the AGENCY must be furnished with a Policy endorsement as required in the sample agreement depicted in Section D.

19. Addenda

The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package.

Failure to submit any such addenda with the bid package may render the bid irregular and result in its rejection by the AGENCY.

20. Blank

21. Questions to the Engineer

Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to ten (10) working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed.

22. See Next Page

For Requests for Interpretation (RFI), the Bidder shall use the form on the following page for submittal in writing.

BREA SENIOR CENTER PARKING LOT RESURFACING B-6 CIP 7978

R E Q U E S T F O R I N T E R P R E T A T I O N O F C O N T R A C T

D O C U M E N T S

Date:

Time:

Company:

Contact Person:

Address:

Telephone:

FAX:

Plan Sheet:

Specification Section:

INTERPRETATION REQUESTED:

REPLY:

T0 A/E:

BREA SENIOR CENTER PARKING LOT RESURFACING C-1 CIP 7978

B i d d e r : _ _ _ _ _ _ _ _ _ _

S E C T I O N C

P R O P O S A L for the

TO THE PUBLIC WORKS DIRECTOR OF BREA:

In compliance with the Bid Package, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City

Engineer of the City of Brea. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Brea, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 10 working days, starting from the date of the Notice to Proceed.

BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, 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 guaranty 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 DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project.

In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

BREA SENIOR CENTER PARKING LOT RESURFACING C-2 CIP 7978

If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of 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.

Bidder shall signify receipt of all Addenda here, if any:

Addenda No. Date Received Bidder's Signature

BREA SENIOR CENTER PARKING LOT RESURFACING C-3 CIP 7978

BID FORM

BREA SENIOR CENTER PARKING LOT RSURFACING

Bidder: ___________________________

ITEM

DESCRIPTION

UNIT QUANTITY

UNIT

PRICE

TOTAL

1. Mobilization LS 1 $ $

2. Cold Mill 1.5” Depth AC Pavement SF 37,000 $ $

3. Unclassified Excavation CY 45 $ $

4.

Place with AC Base Course for 3.5”

AC Deeplift Sections (Type B PG

64-10)

TON 90 $ $

5. Crack Seal LS 1 $ $

6.

1.5” PG 64-10 Asphalt Leveling

Course TON 345 $ $

7. Concrete Wheel Stops EA 10 $ $

8.

Parking Lot Traffic Striping, Legends, Red Curb Painting, and

ADA Parking Layout Signs and

Painting

LS 1 $ $

Total: Bid in Figures: $

Total: Bid in Words:

1. 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. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal.

_____________(Bidder Initial)

BREA SENIOR CENTER PARKING LOT RESURFACING C-4 CIP 7978

LIST OF SUBCONTRACTORS

In accordance with Government Code Section 4104, the Bidder shall set forth the name, business address, license number, class and DIR registration number of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor.

Bid

Item (s)

Number

Portion of Work

Name, Address and E-mail of Subcontractor DIR Registration

Number

By submission of this proposal, the Bidder certifies:

1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

2. That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project.

BREA SENIOR CENTER PARKING LOT RESURFACING C-5 CIP 7978

NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

State of California ss.

County of Orange

______________________________, being first duly sworn, deposes and says that he or she is

______________________________ of ____________________________ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Name of Bidder

Signature of Bidder

Address of Bidder

Subscribed and sworn to before me this day of , 20 .

NOTARY PUBLIC

NOTARY SEAL

BREA SENIOR CENTER PARKING LOT RESURFACING C-6 CIP 7978

BIDDER’S STATEMENT REGARDING “ANTI-KICKBACK” REQUIREMENTS

The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland “Anti-Kickback” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.

Signed

Title

Firm

Date

BREA SENIOR CENTER PARKING LOT RESURFACING C-7 CIP 7978

UTILITY AGREEMENT

HONORABLE MAYOR AND CITY COUNCIL

CITY OF BREA, CALIFORNIA

Gentlemen:

The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BREA SENIOR CENTER PARKING LOT RESURFACING

PROJECT NO. 7978, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term

"Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:

"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."

The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements.

The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.

Contractor

By

Date: ___________________

BREA SENIOR CENTER PARKING LOT RESURFACING C-8 CIP 7978

DISQUALIFICATION 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.

BREA SENIOR CENTER PARKING LOT RESURFACING C-9 CIP 7978

COMPENSATION INSURANCE CERTIFICATE

Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor

By

Date: ___________________

BREA SENIOR CENTER PARKING LOT RESURFACING C-10 CIP 7978

BIDDER'S INFORMATION

BIDDER certifies that the following information is true and correct:

Bidder Name

Business Address

City, State Zip

Telephone Number

Email

DIR Registration Number

State Contractor’s License Original Date Issued

Expiration Date

The work site was inspected by of our office on , 20 .

The following are persons, firms, and corporations having a principal interest in this proposal:

BREA SENIOR CENTER PARKING LOT RESURFACING C-11 CIP 7978

The undersigned is prepared to satisfy the Council of the City of Brea of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.

Company Name

Signature of Bidder

Printed or Typed Signature

Subscribed and sworn to before me this day of , 20 .

NOTARY PUBLIC

NOTARY SEAL

BREA SENIOR CENTER PARKING LOT RESURFACING C-12 CIP 7978

Responsible Bidder – Supplemental Questionnaire

1. How many years has your organization been in business in California as a contractor under your present business name and license number?

______Years

2. Is your firm currently the debtor in a bankruptcy case?

If “yes,” indicate the case number, bankruptcy court, and the date on which the petition was filed.

Case Number Bankruptcy Court Date Filed

3. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 2, above.)

If “ yes,” indicate the case number, bankruptcy court, and the date on which the petition was filed.

Case Number Bankruptcy Court Date Filed

4. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years?

5. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner?

6. Has your firm ever defaulted on a construction contract?

If “yes,” explain on a separate page.

BREA SENIOR CENTER PARKING LOT RESURFACING C-13 CIP 7978

7. In the last five years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?

If “yes,” explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action.

8. In the last five years, has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?

If “yes,” on a separate page identify the year of the event, the entity denied the award, the owner, the project, and the basis for the finding by the public agency.

9. In the past five years, has any claim against your firm concerning your firm’s work on a construction project, been filed in court or arbitration?

If “yes,” on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim

(pending or, if resolved, a brief description of the resolution).

10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration?

If “yes,” on a separate page identify the claim be providing the name of claimant, the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution.

11. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf in connection with a construction project, either public or private?

BREA SENIOR CENTER PARKING LOT RESURFACING C-14 CIP 7978

12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?

13. Has your firm, or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity?

14. Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction?

If “yes,” explain on a separate page, including identifying who was convicted, the name of the victim, the date of the conviction, the court and case number, the crimes, and the grounds for the conviction.

15. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

If “yes,” identify on a separate page, the person or persons convicted, the court and case number, the crimes, and the year convicted.

16. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so.

17. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm has no surety bond in place during a public construction project when on was required?

BREA SENIOR CENTER PARKING LOT RESURFACING C-15 CIP 7978

18. Has CAL OSHA cited and assessed penalties against the General Contractor or its associates for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years?

(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health

Appeals Board has not yet ruled on your appeal, you need not include information about it.)

If “yes,” on separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any OSHAB decision.

19. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the General Contractor or its associates in the past five years?

(Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.)

If “yes,” on separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision.

20. Has there been more than one occasion during the last five years in which the General

Contractor or its associates was required to pay either back wages or penalties for failure to comply with the state’s prevailing wage laws?

If “yes,” on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid an the amount of back wages and penalties that were assessed.

21. During the last five years, has there been more than one occasion in which the General

Contractor or its associates have been penalized or required to pay back wages for failure to comply with the Federal Davis-Bacon prevailing wage requirements?

If “yes,” on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid an the amount of back wages and penalties that were assessed.

Inaccurate response to this questionnaire could result in bidder’s proposal being non-responsive.

BREA SENIOR CENTER PARKING LOT RESURFACING C-16 CIP 7978

BID BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE

____________________________________________________________as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF BREA, CALIFORNIA, hereinafter referred to as the "City", in the penal sum of ten percent (10%) of the total amount of the bid of the principal above named, submitted by said…