Fabrication _ Installation of Store Front Awnings for Las Tunas Drive Streetscape Project.pdf

CITY OF TEMPLE CITY, CALIFORNIA

BIDDING AND CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS

for

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

CITY PROJECT ID: P24-06

Date Issued: October 20, 2026

Bid Due Date:

November 17, 2026, 2:00 PM

Submit bids to:

Office of the City Clerk City of TEMPLE CITY

9701 Las Tunas Drive, TEMPLE CITY, CA 91780

There will be a non-mandatory pre-bid meeting for this project at the project site on October 28, 2026, at 2:00 PM.

Meeting Point: 5944 Temple City Blvd, Temple City, CA 91780

TABLE OF CONTENTS

DESCRIPTION SECTION

NOTICE INVITING SEALED BIDS A

INSTRUCTIONS TO BIDDERS B

BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) C

GENERAL PROVISIONS D

SPECIAL PROVISIONS E

BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION “C. BIDDER’S PROPOSAL”

APPENDICES:

APPENDIX A – SAMPLE CONTRACT TO BE EXECUTED

APPENDIX B – TECHNICAL PROVISIONS

APPENDIX C – DESIGN INTENT DRAWINGS - FOR PRICING ONLY / NOT FOR CONSTRUCTION

Page: A.1

A. NOTICE INVITING FORMAL SEALED BIDS

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

CITY PROJECT ID: P24-06

City of Temple City

PUBLIC NOTICE IS HEREBY GIVEN that the City of Temple City invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, City of Temple City, 9701 Las Tunas Drive, Temple City, CA 91780, up to the hour of 2:00 PM on November 17, 2026. The bids received will be publicly opened approximately 15 minutes after the bid submittal deadline in the City Hall.

This Notice Inviting Formal Sealed Bids will be advertised in a newspaper of general circulation, printed, and published in the jurisdiction of the City of Temple City at least fourteen (14) calendar days before the bid opening date.

Pre-Bid Meeting (Non-Mandatory):

There will be a non-mandatory pre-bid meeting for this project at the project site on October 28, 2026, at 2:00 PM. (Meeting Point: 5944 Temple City Blvd, Temple City, CA 91780). While the pre-bid meeting is non-mandatory, it is highly recommended that all interested bidders/prime contractors/sub-contractors/vendors attend the pre-bid meeting.

Bidding and Contract Documents, Plans and Specifications Available:

Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:

1. Please e-mail your request with your contact information to: pwbids.templecity@transtech.org.

Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.

2. Hard copies will not be mailed.

Pre-Bid Inquiries:

All questions regarding this bid shall be directed via email, no later than 10 calendar days prior to the Bid due date and time, to Adam Talbot, Project Manager at pwbids.templecity@transtech.org. Any questions received after this deadline will not be answered. It is the responsibility of the bidder to confirm transmission of correspondence.

Scope of Work:

The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project.

Location of Work:

Locations of work is shown on ‘Appendix C – DESIGN INTENT DRAWINGS - FOR PRICING ONLY / NOT

FOR CONSTRUCTION’

Estimated Cost of Work:

Estimated cost for bid schedule is in the range of $65,000.00.

Retention:

The City will deduct a State-mandated 5 percent retention from all progress payments.

Page: A.2

Project Completion:

The project shall be completed per the schedule specified in Section “B. INSTRUCTIONS TO BIDDERS”, Subsection “CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES”.

Bid Bond:

Bids must be accompanied by a bid bond, made payable to the City of TEMPLE CITY for an amount no less than ten percent (10%) of the bid amount.

Required License Classification:

Required License Classification is State of California, California CSLB C-61/D-3 (Awnings Contractor) or B – General Building Contractor. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the Business and Professions Code.

SB 854 Requirements

This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a printout from the DIR registration website showing that the prime contractor and each subcontractor is currently registered. No bid proposals will be accepted, nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]. The prime contractor will be required to post job site notices regarding Labor Code compliance as described in 8 California Code of Regulation section 16451(d).

Prevailing Wages Required:

Prevailing wages shall be paid to all workers in accordance with California Labor Code 1771. A copy of the prevailing wages schedule is on file with the City.

Federal Funds:

There are no Federal Funds utilized for this project.

DBE:

There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively ensure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire. The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.

Page: A.3

Bonds Required:

A labor and materials payment bond is required in accordance with California Civil Code 9550 in a form approved by the City. Also, a performance bond and public improvement warranty are required.

See Sample Contract for the required bond forms.

Substitution of Securities for Retention:

The contractor may deposit securities in lieu of the 5% progress payment retentions in accordance with California Public Contracts Code 22300.

Excavation Safety:

If the work involves an excavation or trench five feet or deeper, the bid must contain a separate bid item for adequate sheeting, shoring, bracing and safety measures approved by the City.

City Business License:

The successful Contractor and his subcontractors will be required to possess business licenses from the City.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 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 work’s contract or 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 in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside. Bids must be accompanied by a bid bond, made payable to the City of Temple City for an amount no less than 10 percent of the amount of bid.

The City reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of 60 calendar days.

Any contract entered into pursuant to this notice shall become effective or enforceable against the City of TEMPLE CITY only when the formal written contract has been duly executed by the appropriate officers of the City.

Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.

If there are any questions regarding this project, please contact in writing via e-mail:

Adam Talbot, Project Manager pwbids.templecity@transtech.org

All inquiries must be submitted in writing.

BY ORDER of the City of Temple City, California.

Page: B.1

B. INSTRUCTIONS TO BIDDERS

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

City of Temple City

LOCATION OF WORK

The exact location of the project is outlined in the drawings, specifications, and other Contract Documents on file at the office of the City Clerk of the City of Temple City. See Appendix C for Project Plans.

PROPOSAL FORMS

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

PROPOSAL GUARANTEE

Proposals must be accompanied by a proposal guarantee consisting of a bid bond payable to the City of Temple City in the amount not less than 10 percent of the total amount of 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 City. 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:

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

CITY PROJECT ID: P24-06

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 City’s designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered.

CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES

In accordance with the Standard Specifications, and/or as may be provided for within the herein Special Provisions, after notification of award and prior to start of any work, the Contractor shall submit to the City Engineer for approval its proposed Construction Schedule. At a scheduled date prior to commencement of work, the Contractor and all subcontractors shall attend a pre-construction conference at the City Hall.

Page: B.2

The project shall be completed per the following schedule:

Task No Description Date

Step 1. City Task Contract award by the City Council. Date 1

Step 2. City Task City will send out Contract to Contractor for signatures. Date 2 = Date 1 + 2 working days

Step 3. Contractor Task

Contractor shall return signed Contract with required bonds and insurances to City. Date 3 = Date 2 + 5 working days

Step 4. City Task City will counter sign the Contract and provide a fully executed Contract to Contractor. Date 4 = Date 3 + 2 working days

Step 5. Joint Task A Pre-construction meeting will be held.

Contractor shall submit its project schedule to the City at the Pre-construction meeting, with project start date established based on Date 6 shown in Step 6.

Date 5 = Date 4 + 1 working day

Step 6. City Task

City will issue to the Contractor NTP (Notice to Proceed) #1 to commence with the Procurement Phase of the project (field measurements, stamped shop drawings, material submittals, engineering, calculations, no-fee plan check/permit submittals, no-fee zoning clearance, coordination, fabrication).

Contractor shall complete the Procurement Phase within 40 Working Days.

Date 6 = Effective Date for the start of Procurement + specified duration

Step 7. Contractor Task

City will issue to the Contractor NTP (Notice to Proceed) #2 to commence with the Construction Phase of the project.

Contractor shall complete field construction within 15 Working Days for Bid Schedule scope.

Date 7 = Date 6 + specified duration.

Note: If Contactor tasks and the work described in this schedule are not completed by the contractor within the required durations, City will assess $1,000 per calendar day as liquidated damages.

All durations above related to Contractor tasks shall remain the same regardless of City’s completion of City tasks.

The Contractor agrees that failure to complete work within the time allowed will result in damages being sustained by the City. Contractor and City agree that failure to complete the project will result in inconvenience to the citizens of the City. The parties also agree that failure to complete the project on time will prevent the City from having the use of the affected facilities. Therefore, the parties agree such damages among others are, and will continue to be, impracticable and extremely difficult to determine, but that One Thousand Dollars ($1,000) a calendar day is the minimum value of such costs to the City and is a reasonable amount that the Contractor agrees to reimburse the City for each calendar day of delay in finishing the work in excess of the time specified for completion, plus any authorized time extensions.

Execution of the contract under these specifications shall constitute agreement by the Contractor and the City that the above indicated liquidated damage amount per calendar day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. Said amount may be reduced by the City if work is sufficiently completed within the/an allotted time so that the damages are minimized.

All construction graffiti shall be removed prior to the release of retention payment.

WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to

Page: B.3 the City’s designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after the bid opening hour stipulated in the Notice Inviting Bids without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

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, or telephonic proposal, 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.

DISQUALIFICATION OF BIDDERS

In the event that any bidder acting as a 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 proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code.

DISCREPANCIES AND MISUNDERSTANDINGS

Before submitting a Proposal, 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, and shall include in the Proposal, the cost of all items necessary in the construction of the project. The Bidder shall not be allowed any extra compensation by reason of any matter or thing, concerning that which such the Bidder might have fully informed himself prior to the bidding. 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 City. Should a Bidder find any ambiguity, inconsistency or error in the plans and project manual, or be in doubt as to their meaning, the Bidder shall notify the City, in writing via e-mail as specified in the Notice of Inviting Bids Section. Issues requiring clarification will be addressed in a written addendum response, sent by facsimile to each Bidder, person or firm recorded by the City as having received plans. Any addenda issued by the City during the time of bidding are to be included in the proposal from the Bidder and shall become a part of the Bid documents. The Bidder shall acknowledge receipt of addenda on the proposal form in the space provided.

By submitting a bid, the Bidder shall be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied itself as to its ability to meet all the difficulties

Page: B.4 attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the plans, specifications, site conditions and/or contract provisions.

PERMITS AND LICENSES

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. No fee is charged for the Permit issued by the City for a public works project. The Contractor shall pay for and obtain a City Business License.

CONTRACTORS LICENSE LAW

The successful Bidder shall comply with and require all subcontractors to comply with all Federal, State and City Contractor License Laws and be dully registered and licensed thereunder as required.

The successful Bidder is required to provide and pay for a performance and a payment bond. These bonds shall cover the faithful performance (100%) of the Contract for Construction and the payment of all obligations (100%) arising thereunder, in such form as the City may prescribe and with such sureties as they may approve. The successful Bidder shall require the attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his Power of Attorney indicating the monetary limit of such power.

The City reserves the right to reject any proposed bonding company without stating cause. In this event the successful Bidder shall provide an alternate bonding company selection acceptable to the City.

Bonds shall conform to state statutes regarding performance bond and labor and material payment bond with amount shown on each part equal to 100% of the total amount payable by terms of the Contract for Construction. The surety company shall be licensed to do business in state in which construction project is located and shall be acceptable to the City. Bond amount shall be increased to include any Change Order(s) added to the contract to 100% total value amount of each Change Order. Bonds will be recorded along with a copy of the construction contract in the County Recorder Records by the General Contractor with written proof submitted to the City.

LIABILITY INSURANCE

The liability insurance coverage values shall be:

1. Public Liability and Property Damage Insurance in an amount of not less than TWO MILLION DOLLARS

($2,000,000);

2. Products/Completed Operations Hazard Insurance in an amount of no less than TWO MILLION

DOLLARS ($2,000,000);

3. Comprehensive Automobile Liability Insurance in an amount not less than TWO MILLION DOLLARS

($2,000,000);

4. Contractual General Liability Insurance in an amount not less than TWO MILLION DOLLARS

($2,000,000);

5. or GENERAL AGGREGATE LIABILITY in an amount of not less than FOUR MILLION DOLLARS

($4,000,000).

Page: B.5

* Automobile and lease vehicle insurance; owned, not owned, and hired. Insurance to include bodily injury, sickness and death of any person and property damage owned and un-owned per occurrence.

SOCIAL SECURITY ACT

The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of the Act of Congress approved August 14, 1935, known and cited as the Social Security Act and also the provisions of the act of the State Legislature Approved, and known as the State Unemployment Compensation Law and all other laws and regulations pertaining to labor and workmen and all amendments to such data, and the contractor further agrees to indemnify and hold harmless the City of Temple City of and from any and all claims and demands made against it by virtue of the failure of the contractor or any subcontractors to comply with the provisions of any or all of said acts and amendments.

SALES AND USE TAX

The successful Bidder agrees to comply with and to require all of his subcontractors to comply with all the provisions of applicable state sales excise tax law and compensation use tax law and all amendments to same. The successful Bidder further agrees to indemnify and hold harmless the City of Temple City of and from any and all claims and demands made against virtue of the failure of the Contractor or any Subcontractors to comply with the provisions of any or all said laws and amendments.

WAIVER OF LIENS

The successful Bidder (General Contractor) is responsible for the payment of all bills for labor and materials furnished by the subcontractors, the suppliers, and the General Contractor on this project. The General Contractor shall deliver to the City, unconditional Lien Waivers and/or Releases from himself and from each of his subcontractors and suppliers, and at such time he shall certify that he is submitting such lien waivers for all subcontractors and suppliers involved.

If any liens are filed against the City property, the City may, at its option, demand General Contractor immediately provide a bond in accordance with state statutes.

LEGAL RESPONSIBILITIES

All proposals must be submitted, filed 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.

AWARD OF CONTRACT

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the City.

The City of Temple City reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of sixty (60) calendar days, as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

Page: B.6

The Contractor shall submit a signed contract, bonds, insurance, and all necessary documents to the City, within the required schedule.

EMPLOYMENT OF APPRENTICES

Attention is directed to the provisions in Section 1777.5 of the California Labor Code concerning employment of apprentices by the contractor or any subcontractor under him. The contractor and any subcontractor under him shall comply with the requirements of said section in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section for all apprenticable occupations, regardless of any other contractual or employment relationships alleged to exist.

CONFLICT OF INTEREST

In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict of interest provisions in (State LCA-24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

SUBCONTRACTS

Subcontracts shall comply with SECTION 2-SCOPE AND CONTROL OF THE WORK, of the Greenbook (Standard Specifications for Public Works Construction, latest edition). The Contractor is required to perform, with its own organization, contract work amounting to at least 51 percent of the Contract Price.

Failure to meet these requirements will result in disqualifying of the bid or termination of the contract.

This provision supersedes any other provisions which specified a different subcontract requirement.

Proposed subcontractor names, a general description of the work to be performed by each subcontractor and the dollar amount for each subcontractor shall be submitted with the bid.

PROJECT CLOSE OUT DOCUMENTS

Within 10 calendar days of completion of the project, the Contractor shall submit project close out documents, including: Drawings showing as built conditions with red pencil; All warranties and guarantees; All paperwork required for labor compliance; All final lien releases; All other project related documents requested by the City.

PROPOSAL REQUIREMENTS AND CONDITIONS

The bidder’s attention is directed to the applicable provisions in the Standard Specifications for Public Works Construction requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid.

1. Examination of Site, and Specifications: Bidders shall examine the site of the work and acquaint themselves with all conditions affecting the work. By submitting a bid, the Bidder shall be held to have personally examined the site, to have carefully read the specifications, and to have satisfied itself

Page: B.7 as to its ability to meet all the difficulties attending the execution of the proposed contract before the delivery of this proposal, and agrees that if awarded the contract, will make no claim against the City based on ignorance or misunderstanding of the specifications, site conditions and/or contract provisions.

2. The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment, and incidentals, that are implied or required for the complete improvements as contemplated by the contract documents.

BID PROTEST PROCEDURE

Protest procedures allow proposers an opportunity to formally protest any proposed contract for a Public Works project based on a competitive bid process. Authority to protest is limited to participating bidders. If, prior to making an award, any bidder who submitted a bid files a protest with the City against awarding the contract on the ground that one or more lower bids should be disqualified and as such his or her bid should be selected in accordance with the selection criteria in the bid documents, the contract shall not be awarded until either the protest has been withdrawn or the City has made a final decision as to the action to be taken on the protest.

Filing a Bid Protest:

A protestor shall make the City aware that they are considering filing a protest a maximum of 10 calendar days after the opening of bids. After being so notified, the City will provide notice to such potential protestor of its determination of the lowest responsible bidder, release (as appropriate) any bid documents that are requested through a Public Records Request and inform the potential protestor of the intended contract award. A maximum of 5 calendar days after the City informs them of the intended award the protesting bidder must submit a written statement detailing the grounds for the protest, including any alleged procedural errors or failures to comply with the bid specifications.

Common grounds for filing a bid protest include:

• The awarding agency failed to follow the specified procedures in the bid solicitation.

• The agency improperly evaluated the bids, leading to the selection of a non-responsive or non-responsible bidder.

• The protester believes they submitted the lowest responsive bid but were not awarded the contract.

Final Decision:

The City Council, or the City Manager, if so designated by the City Council, is authorized to consider and issue determinations on bid protests. A determination regarding a bid protest shall be final and not subject to administrative appeal. Upon receiving a protest, the City shall review the claims and may hold a hearing to resolve the issues raised or may issue a determination without a hearing. The City has the discretion to either uphold the award, reject all bids, or take corrective action. The City will issue a decision regarding the bid protest prior to the contract award. Such decision need not be in writing.

Page: B.8

OTHER CONTRACT PROVISIONS

The bidder’s attention is directed to other contract provisions, as listed below, which must be observed in the preparation of the proposal form and the submission of the bid:

• CA State Labor Standards Provisions

• Current CA State DOL Wage Decision

• Federal EEO and Affirmative Action Requirements

• Compliance with Clean Air and Water Acts

If there are any questions regarding this project, please contact via e-mail:

Adam Talbot, Project Manager pwbids.templecity@transtech.org All inquiries must be submitted in writing.

Page: C.1

C. BIDDER’S PROPOSAL

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

Bidder’s Name:

In accordance with the City of Temple City’s Notice Inviting Sealed Bids, 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 therefore, 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, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Temple City of the guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. 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 of bid, unit prices shall govern over extended amount, 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 within ten working days after the date of the City of Temple City’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City of Temple City and this bid and the acceptance hereof may, at the City of Temple City’s option, be considered null and void.

BID SCHEDULE

To the Temple City’s City Council, herein called the “Council”.

Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work as per the paragraph, Discrepancies and Misunderstandings, contained in the INSTRUCTIONS TO BIDDERS section, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:

(Bidder shall provide a bid amount for each bid item listed below. Failure to provide a bid for each bid item shall render the bid non-responsive).

Page: C.2

The Bid Schedule is intended to establish pricing for the design intent depicted in the contract documents.

The Contractor shall include all labor, materials, equipment, engineering, fabrication, incidental work, and accessories necessary to provide a complete and functional installation consistent with the design intent.

Minor modifications required to satisfy final engineering, code requirements, manufacturer recommendations, or coordination with field conditions shall be included in the contract price unless they constitute a material change in scope directed by the City.

Page: C.3

BID SCHEDULE

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

CITY PROJECT ID: P24-06

CITY OF TEMPLE CITY

ITEM

NO.

DESCRIPTION OF ITEM

QUANTITY

UNIT PRICE TOTAL PRICE NO.

UNITS

UNIT

MEAS.

Mobilization and demobilization (not exceed 5% of the total contract)

1 LS $__________ $_______________

All bonds and insurance policies per bid documents (not to exceed 2% of total contract)

1 LS $__________ $_______________

Stamped shop drawings, material submittals, engineering, calculations, no-fee plan check/permit submittals, no-fee zoning clearance, and coordination

4 EA $__________ $_______________

Fabrication and procurement of storefront awning system

4 EA $__________ $_______________

Installation of storefront awning system (including but not limited to: traffic control, removal/disposal of existing awnings, structural support framing, attachment hardware, surface preparation, flashing, waterproofing, sealants, weatherproofing, patching/touchup of damaged building caused by installation)

4 EA $__________ $_______________

Closeout, punch list completion, O&M manuals, guarantee/warranty submittals, As-Builts, final cleaning, and turnover

1 LS $__________ $_______________

TOTAL BID AMOUNT $_______________

TOTAL BID AMOUNT IN WORDS:

Page: C.4

In the case of discrepancies, total bid will be based on calculated amounts based on quantities and Unit Bid Amounts.

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

Full compensation for the items listed to the right as Items A, B, C, D and E are considered as inclusive in each Bid Item listed above in the Bid Schedule as applicable, and no additional and/or separate compensation will be allowed.

A. Mobilization / Demobilization

B. Traffic Control

C. NPDES, WWECP, and Best Management Practices (BMPs), Public Convenience and Safety

D. Construction Staking by Land Surveyor

E. Clearing and Grubbing

The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.

The City reserves the right to add, delete, increase, or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.

All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.

A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

Page: C.5

DESIGNATION OF SUBCONTRACTORS

BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:

Name, address, and phone number pf subcontractors, suppliers, and vendors

Work to be Performed Contractor’s

License # DIR # Dollar Amount

Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $_____________

Page: C.6

REFERENCES

The City of Temple City is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work desired by the Public Works Department. Any and all references required to be provided by the bid specifications must be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included.

The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past three years.

Reference Contact Information Reference Project Name

Contract Value

Date Completed

Agency Name:

Contact Name and Title:

Contact Tel No:

Agency Name:

Agency Name:

BONDS

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

SITE INSPECTION

The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project

WITHOUT QUESTION.

Name of Person who inspected the site: _____________________ Date of Inspection: _____________________

Page: C.7

ADDENDA ACKNOWLEDGMENT

The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal:

Addendum No.___________________ Dated________________

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, 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 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.

NON-COLLUSION 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 City of Temple City 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.

Page: C.8

BIDDER INFORMATION

Bidder’s Name:

Address:

Form of Legal Entity (i.e., individual, partnership, corporation, etc.)

If a Corporation, State of Incorporation (i.e., Calif.)

State Contractor’s License No. and Class

DIR Registration No.: (Also provide DIR No’s for subcontractors as a separate attachment)

Contact Person Information:

Name Title E-mail Tel

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:

The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal 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:

Previous contract performance history:

1. Was any contract terminated previously:_______

If the answer to the above is “yes”, provide the following information:

Contract/project name and number:___________________________________________ Date of termination:________________________________________________________ Reason for termination:_____________________________________________________ Owner’s name:___________________________________________________________ Owner contact person and tel. no.: _________________________________________

2. In the past ten years have you filed a claim for money against any public entity?

If the answer to the above is “yes”, provide the following information:

Page: C.9

Contract/project name and number:___________________________________________ Date of filing claim:________________________________________________________ Reason for filing claim:_____________________________________________________

3. In the past ten years have you been a party to legal action by or against a public entity arising out of the performance of a public works contract?

If the answer to the above is “yes”, provide the following information:

Contract/project name and number:___________________________________________ Date of commencement of litigation:______________________________________________ Reason for litigation:_____________________________________________________

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.

BIDDER ______________________________________________________________

Subscribed and sworn to this _____ day of _______________, 201_.

NOTARY PUBLIC _______________________________________________________________

Page: C.10

Department of Industrial Relations (DIR) Contractor Registration Number

Beginning July 1, 2014, contractors must register with the Department of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Per this requirement, provide the following information:

Contractor Name

Contractor Department of Industrial Relations Registration Number:

Expiration Date of Registration Number

*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID)*

http://www.dir.ca.gov/Public-Works/PublicWorks.html

Page: C.11

PROPOSAL GUARANTEE/BID BOND

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

KNOW ALL MEN BY THESE PRESENTS that __________________________________________, as BIDDER, and ____________________________________________________, as SURETY, are held and firmly bound unto the City of Temple City, in the penal sum of ___________________dollars ($_____________), which is 10 percent of the total amount bid by BIDDER to the City of Temple City for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents.

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

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

BIDDER* _____________________________________________________________

SURETY* _____________________________________________________________

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

Subscribed and sworn to this _____ day of _______________, 20__.

NOTARY PUBLIC:______________________________________________________

Page: D.1

D. GENERAL PROVISIONS

FABRICATION & INSTALLATION OF STORE FRONT AWNINGS

FOR LAS TUNAS DRIVE STREETSCAPE PROJECT

CITY PROJECT ID: P24-06

1. GENERAL

All work shall be performed in accordance with the "Standard Specifications for Public Works Construction" (SSPWC), Latest Edition, “California Manual on Uniform Traffic Control Devices” (CA MUTCD), “Caltrans Standard Specifications”, “Caltrans Standards”, “Standard Plans for Public Work Construction”, the General Provisions, these Special Provisions, all applicable building codes, including the current California Building Standards Code (Title 24, California Code of Regulations), as adopted and amended by the City, and all other applicable federal, state, and local codes, ordinances, regulations, and requirements of authorities having jurisdiction.

In case of conflict the more stringent requirement shall apply, except when the City makes an exception. The City has the right to make such exception at its discretion, and the contractor shall provide reasonable cost discount if the City decides to implement the lesser stringent option.

2. CONTRACTORS DUTIES:

Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.

3. CONTRACTS:

Construct entire work under one contract with the City.

4. SPECIFICATIONS AND DRAWINGS COMPLEMENTARY:

The Specifications and Drawings are complementary, and what is called for in one shall be binding as if called for in both.

5. ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS:

Subsection 2-5.2, "Precedence of Contract Documents", (SSPWC), revise the order of precedence and incorporate additional items as follows:

a. Permits issued by jurisdictional regulatory agencies.

b. Change Orders and/or Supplemental Agreements; whichever occurs last

c. Contract/Agreement

d. Addenda

e. Bid/Proposal

f. Special Provisions (Section E)

g. Plans

h. General Provisions (Section D)

i. Standard Plans

Page: D.2

j. Standard Specifications

k. Reference Specifications

With reference to the Drawings the order of precedence is as follows:

a. Figures govern over scaled dimensions

b. Detail drawings govern over general drawings

c. Addenda/Change Order drawings govern over Contract Documents

d. Contract Documents govern over standard drawings

e. Contract Drawings govern over shop drawings

6. DISCREPANCIES IN THE CONTRACT DOCUMENTS:

Any discrepancies, conflicts, errors or omissions found in the Contract Document shall be promptly reported in writing to the City Engineer, who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, conflicts, errors or omissions, but shall comply with any corrective measures regarding the same prescribed by the City Engineer, and no additional payment or time shall be allowed therefor, except as provided in the Standard Specifications.

If discrepancies are discovered between the drawings and the specifications, and no specific interpretation is issued prior to the bidding, the decision regarding this interpretation shall rest with the City Engineer. The Contractor shall be compelled to act on the City Engineer’s decision as directed.

In the event the installation is not in compliance with the direction of the City Engineer, the installation shall be corrected by and at the expense of the Contractor at no additional cost to the City.

In case of such discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing/constructing the discrepancy that would have the highest dollar value.

7. ERRORS AND OMISSIONS:

If the Contractor, in the course of the work, becomes aware of any claimed errors or omissions in the contract documents or in the City's field work, it shall immediately inform the City Engineer. City Engineer shall promptly review the matter, and if he/she finds an error or omission has been made, he/she shall determine the corrective actions and advise the Contractor accordingly.