On-Call Sewer and Storm Drain Repair Services, Specification # 3987.pdf

ON-CALL SEWER AND STORM DRAIN REPAIR SERVICES

SPECIFICATION NO. 3987

CITY OF GLENDALE, CALIFORNIA

ISSUED TO BID

AUGUST 13, 2024

Project Manager: Tatevik Barakazyan Address: 633 E. Broadway, Room 205, Glendale, CA 91206 Phone: 818-937-8238 Fax: 818-242-7087 E-Mail: TBarakazyan@GlendaleCA.gov

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On-Call Sewer and Storm Drain Repair Services Specification No. 3877

TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS

Page i

Notice Inviting Bids............................................................................................................................... NB-1

Instructions to Bidders.......................................................................................................................... IB-1

Bidder’s Question Form........................................................................................................................ IB-12

Bid Forms:

Bidder’s Proposal................................................................................................................... F-1

Incumbency Certificate .......................................................................................................... F-6

Bid Bond ................................................................................................................................ F-7

Bidder’s Statement of Qualifications ...................................................................................... F-10

Experience Form.................................................................................................................... F-20

Contractor Safety Questionnaire............................................................................................ F-21

Designation of Subcontractors............................................................................................... F-27

Contractor’s Declaration of Noncollusion............................................................................... F-31

Insurance Requirements Declaration..................................................................................... F-32

Standard Form of Contract................................................................................................................... FA-1

Exhibits to Contract:

Index of Drawings, Specifications, and Reference Documents……………………………...... Exhibit 1

Insurance Requirements........................................................................................................ Exhibit 2

Contractor’s Certification under Labor Code § 1861 of Labor Code § 3700 Compliance................... Exhibit 3

General Conditions

Article 1 - Preliminary Provisions ...................................................................................... GC-1

Article 2 - Performance of the Work.................................................................................. GC-13

Article 3 - Time of Commencement and Completion ........................................................ GC-28

Article 4 - Construction Schedules.................................................................................... GC-32

Article 5 - Suspension or Termination of Contract ............................................................ GC-35

Article 6 - Changes ........................................................................................................... GC-41

Article 7 - Contract Payments and Claims........................................................................ GC-50

Article 8 - Materials and Equipment.................................................................................. GC-63

Article 9 - Submittals......................................................................................................... GC-66

Article 10 - Safety ............................................................................................................... GC-71

Article 11 - Indemnity .......................................................................................................... GC-76

Article 12 - Insurance.......................................................................................................... GC-78

Article 13 - Bonds ............................................................................................................... GC-79

Article 14 - Labor Provisions............................................................................................... GC-81

TECHNICAL SPECIFICATIONS

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Article 15 - Dispute Resolution ........................................................................................... GC-86

Article 16 - Accounting Records ......................................................................................... GC-91

Article 17 - Miscellaneous Provisions ................................................................................. GC-93

General Condition Appendices

Performance Bond ................................................................................................................. Appendix 1

Payment Bond ....................................................................................................................... Appendix 2

Notice to Proceed .................................................................................................................. Appendix 3

Change Order ........................................................................................................................ Appendix 4

Substitution Form................................................................................................................... Appendix 5

Statutory Forms of Waiver and Release Upon Payment ....................................................... Appendix 6

DAS Form 140 ....................................................................................................................... Appendix 7

DAS Form 142 ....................................................................................................................... Appendix 8

DLSE Form PW26 ................................................................................................................. Appendix 9

Contractor Submittal Log ....................................................................................................... Appendix 10

List of Submittals Required From Contractor ......................................................................... Appendix 11

Notice of Completion ............................................................................................................. Appendix 12

GWP Street Light Clearance Request ................................................................................... Appendix 13

Requirements for Work Affecting Transit Stops and Routes ................................................. Appendix 14

Contractor’s Certification for Progress Payment.................................................................... Appendix 15

Contractor’s Affidavit for Final Progress Payment ................................................................ Appendix 16

Special Conditions

Section 1 - Terms, Definitions, Abbreviations, and Symbols .............................................. SC-2

Section 2 - Scope and Control of Work .............................................................................. SC-3

Section 3 - Changes in Work .............................................................................................. SC-21

Section 4 - Control of Materials .......................................................................................... SC-22

Section 5 - Utilities .............................................................................................................. SC-23

Section 6 - Prosecution, Progress, and Acceptance of Work ............................................. SC-29

Section 7 - Responsibilities of the Contractor..................................................................... SC-34

Section 8 - Facilities for Agency Personnel ........................................................................ SC-39

Section 9 - Measurement and Payment ............................................................................. SC-40

Payment Items

Payment Items ....................................................................................................................... PI-1

Time and Material Worksheet ................................................................................................ PI-2

TECHNICAL SPECIFICATIONS

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Appendices

Appendix A - Public Notification

Appendix B – Excavation Permit Policy

[END OF TABLE OF CONTENTS]

Specification No. 3987

NOTICE INVITING BIDS

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NOTICE is hereby given that the City of Glendale (“City”) will receive sealed Bids, before the Bid Deadline established below for the following work of improvement:

ON-CALL SEWER AND STORM DRAIN REPAIR SERVICES

SPECIFICATION NO. 3987

Bid Deadline: Submit before 2:00 p.m. on Wednesday, September 4, 2024 (“the Bid Deadline”)

Original Bid to be submitted to:

Office of City Clerk 613 E. Broadway, Room 110 Glendale, CA 91206

Bid Opening: 2:00 p.m. on Wednesday, September 4, 2024 City Council Chambers 613 E. Broadway, 2nd Floor Glendale, CA 91206

NO LATE BIDS WILL BE ACCEPTED.

Bidding Documents Available:

Bidding documents are also available to view and download online at:

https://www.glendaleca.gov/government/departments/finance/purchasing/rfp-rfq-bid-page

Additional Bid Document 1. Bid America (951) 677-4819 Procurement Locations: 2. I SqFt Plan Room (800) 364-2059

3. McGraw Hill Blueprint Express (626) 471-9021

4. Reed Construction Data (800)876-4045

5. Construction Bid Board (559)325-7054

City of Glendale Contact Person: Tatevik Barakazyan, Project Manager Phone: 818-937-8238 Fax: 818-242-7087 E-mail: TBarakazyan@GlendaleCA.gov

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Mandatory Qualifications for Bidder and Designated Subcontractors:

A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must provide satisfactory evidence that:

Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within five (5) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project.

General Scope of Work:

The contractor shall dispatch and mobilize their resources necessary for sewer or storm drain repairs on a short notice. The failure to dispatch on a timely manner will result the contract termination by the City per Paragraph 5.2, Termination by the City for Cause, of the General Conditions.

This project is on-call contract for Sewer and Storm Drain Repair Services. Contractor shall dispatch and mobilize their resources including furnishing labor, materials, equipment, services, and specialized skills to perform as needed sewer or storm drain repairs on a short notice. The Work included in the Bid is defined in accordance with Specification No. 3987. The general sewer or storm drain work includes: provide traffic control on residential, collector, and arterial streets; excavate and replace existing sewer and storm drain pipe of various materials and manhole rings; provide sewage or storm water bypass; remove and reconstruct asphalt concrete and Portland cement concrete pavement; remove and replace interfering trees and plants; other Sanitary Sewer, Storm Drain infrastructure, or related appurtenances repairs as needed and directed by the Director or his designee as shown on the project plans and specifications, Standard Plans for Public Works Construction (SPPWC 2024 Edition), and the Standard Specifications for Public Works Construction (2024 Edition), including all supplements thereto issued prior to bid opening date.

Other Bidding Information:

1. Bidding Documents: Bids must be made on the Bidder’s Proposal form contained herein. Bidding Documents may be obtained in the Public Works Engineering Department, 633 E. Broadway, Room 205, Glendale, CA 91206 where they may be examined. Electronic copies of bidding documents can be obtained at no cost from:

https://www.glendaleca.gov/government/departments/finance/purchasing/rfp-rfq-bid-page. Future addenda, if any, will be available for download on the same page as the bidding documents. The city will not mail/deliver the addenda to the prospective bidders. It is the bidders’ sole responsibility to check the website to obtain future addenda to this bid document. Prospective bidders shall acknowledge the receipt of the addenda in the bid forms.

2. Contract Amount and Duration. The on-call contract is valid for the duration of three years from the contract certification date in a not-to-exceed contract amount of $1,200,000, with an option to extend the contract duration by an additional two-years in the amount of $800,000.

3. Acceptance or Rejection of Bids. The City reserves the right to reject any and all Bids, to award all or any individual part/item of the Bid, and to waive any informalities, irregularities or technical defects in such Bids and determine the lowest responsible Bidder, whichever may be in the best interests of the City. No late Bids will be accepted, nor will any oral, facsimile or electronic Bids be accepted by the City.

4. Contractor License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, the Contractor must possess a California contractor license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s):

• a. Pursuant to Section 3300, of the Public Contract Code, the classification of the bidder’s Contractor’s License shall be “Class A”. Failure of a bidder to obtain adequate licensing at the time the contract is

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awarded shall constitute a failure to execute the Contract and shall result in the forfeiture of the Bidder’s Bond.

The successful Bidder will not receive a Contract award if the successful Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers after the Contract’s award that the Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may cancel the award, reject the Bid, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents.

5. Subcontractors’ Licenses and Listing. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor must possess a current and active California contractor license or licenses appropriate for the portion of the Work listed for such Subcontractor and shall hold all specialty certifications required for such Work. When the Bidder submits its Bid to the City, the Bidder must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, the location (address) of the Subcontractor’s place of business, California Contractor license number, California Department of Industrial Relations contractor registration number, and portion of the Work). In addition, the City requires that the Bidder list the dollar value of each Subcontractor’s labor or services. The City’s disqualification of a Subcontractor does not disqualify a Bidder.

However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount.

6. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations: The City has applied and paid for the following Governmental Approvals and Utility Fees:

(None)

All other Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup. See Instructions to Bidders Paragraph 14, and General Conditions Paragraph 1.01 for definitions and Paragraph 1.03 for Contractor responsibilities.

7. Bid Forms and Bid Security: Each Bid must be made on the Bid Forms obtainable from the City’s Bidding website listed in the paragraph 1 above. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Glendale,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder, within fourteen (14) calendar days after the City’s Notice of Award of the Contract, will enter into a valid contract with the City for said Work in accordance with the Contract Documents.

8. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.

9. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith.

10. Prevailing Wage Resolution. Bidders are hereby notified that in accordance with the provisions of the Labor Code of the State of California, the City Council of the City has ascertained and determined by Resolution No. 18,626 (as amended), the general prevailing rate of per diem wages of a similar character in the locality in which the Work is performed and the general prevailing rate for legal holiday and overtime Work for each craft or type of worker needed in the execution of agreements with the City. Said resolution is on file in the Office of the City Clerk and is hereby incorporated and made a part hereof by the same as though fully set forth herein. Copies of said resolution may be obtained at the Office of the City Clerk.

11. Prevailing Wages. This Project is subject to the provisions of California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the United States Secretary of Labor, pursuant to

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the Davis-Bacon Act, have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. Davis-Bacon wage rates are available online at www.wdol.gov/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, Contractor and its Subcontractors shall pay the highest wage rate.

12. California Department of Industrial Relations ― Public Works Contractor Registration.

Beginning July 1, 2014, under the Public Works Contractor Registration Law (California Senate Bill No. 854 - See Labor Code Section 1725.5), contractors must register and meet requirements using the online application https://www.dir.ca.gov/public-works/contractor-registration.html before bidding on public works contracts in California.

The application also provides agencies that administer public works programs with a searchable database of qualified contractors. Application and renewal are completed online with a non-refundable fee of $300. More information is available at the following links:

https://www.dir.ca.gov/public-works/PublicWorksSB854.html http://www.dir.ca.gov/Public-Works/PublicWorks.html

Beginning April 1, 2015, the City must award public works projects only to contractors and subcontractors who comply with the Public Works Contractor Registration Law.

Notice to Bidders and Subcontractors:

• No 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 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

• No 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 prime contractor must post job site notices prescribed by regulation. (See 8 Calif. Code Reg. Section 16451(d) for the notice that previously was required for projects monitored by the DIR Compliance Monitoring Unit.)

Furnishing of Electronic Certified Payroll Records to Labor Commissioner. For all new projects awarded on or after April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

Dated this ____ day of _______, 20___, City of Glendale, California.

Suzie Abajian, Ph.D., City Clerk of the City of Glendale

INSTRUCTIONS TO BIDDERS

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1. CONTRACTOR LICENSE

The Bidder must possess the valid State of California Contractor License(s) in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.

2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA

A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City, preferably on the Bidder’s Question Form provided at the end of these Instructions to Bidders, not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and will be posted to the website along with the rest of the bid document. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid.

3. OBTAINING DRAWINGS AND DOCUMENTS

Bidder may secure Bidding Documents ONLY from the location specified in the Notice Inviting Bids. Future addenda, if any, will be available for download at the same place as the bidding documents. The City will not mail/deliver the addendums to the prospective bidders. It is the bidders’ sole responsibility to check the website to obtain future addenda to this bid document.

4. BID FORMS – SUBMITTAL

A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. All forms required to be submitted with the Bid are listed in the Bid Proposal at page F-1.

B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. Special attention should be given to completing:

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1. Bidder’s Statement of Qualifications;

2. Designation of Subcontractors

C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope “BIDS for” followed by the title and Specification Number and the y and time of the Bid Deadline as they appear on the cover of this Specification book, and the Bidder’s name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.

D. Bids hand delivered, delivered by courier or package delivery service shall be presented to:

City Clerk City of Glendale 613 E. Broadway, Room 110 Glendale, CA 91206

E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered.

5. BID FORMS – AUTHORIZED SIGNATURES

The Bidder shall sign the Bid Forms. If the Bid Forms are submitted by:

A. A Sole Proprietorship, the signature must be the full name of the individual, whose address must be given.

B. Partnership, it must be signed by each partner or accompanied by proof that the person(s) signing is/are authorized to bind the partnership. The name and address of the partnership and the address of person signing must be provided.

C. Corporation, it must be signed by an officer. The corporate name must be attested by the corporate seal. A signature other than a corporate officer’s will be accepted only if signature authority is conferred in the Incumbency Certificate submitted with the Bid.

D. A Limited Liability Company, it must be signed by the managing member(s), and the name and address of the limited liability company and the address of each person signing must be provided.

E. Joint Venture, it must be signed in accordance with A-D above, based on the applicable situation, and the names and address of the joint venture and the address of each person signing must be provided.

6. BID FORMS

A. Not Applicable.

B. Not Applicable.

C. Not Applicable.

D. The bidder shall include in his/her bid, the percentage markup or discount applicable to the project incurred costs per Time and Material worksheet.

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E. Post Bid Interviews. The apparent low, second low, and third low Bidders may be asked to attend a Post Bid Interview to review the completeness and accuracy of their Bids and qualifications to perform the Work. Upon City’s request, such Bidders will be required to submit a detailed phasing plan, a Preliminary Schedule of Values for Payment equal to the Bid price, schedule of submittals, and confirmation of key personnel who will be dedicated to the Project for the duration of the Work.

The detailed phasing plan will be reviewed and the qualifications of listed specialty contractors will be discussed. The Schedule of Values for Payment shall include separate line items for direct jobsite general conditions costs, field office overhead, and home office overhead and such other information as the City may require.

7. BID SECURITY

A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure Sections 995.120 and 995.311) as surety (“Bid Security”).

B. A Bid Bond must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. A Bid Bond issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. A Bid Bond issued from an admitted surety insurer not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660.

C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder shall execute the Construction Contract and shall provide the insurance, bonds and other required forms within fourteen (14) calendar days after the City’s Notice of Award of the Contract. Bidders will be entitled to return of Bid Security provided, however, that a successful Bidder will forfeit Bid Security in the event that the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after the Bid Deadline; or attempts to withdraw its Bid when the requirements of Public Contract Code Section 5101 et seq. are not met; or refuses or fails to execute said Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after the City’s Notice of Award of the Contract. In such event, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the lowest responsible Bidder’s Bid Security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid and the surplus, if any, will be returned to the lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids and the surplus, if any, will be returned to the lowest Bidder.

D. The Bid Security shall be held for ninety (90) calendar days after Bid Deadline or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, at which time the Bid Security will be returned to all Bidders.

E. If a Bid Bond will be submitted, Bidder shall use the form entitled “Bid Bond” contained in the Bidding Documents at page F-7, which Bid Bond must be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California.

F. The Bid Bond must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. The signature of the person executing

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the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.

G. Any alteration of the form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted.

8. BIDDER’S AND SPECIALTY CONTRACTOR’S STATEMENT OF QUALIFICATIONS

A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled “Bidder’s Statement of Qualifications.” Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications and financial statements shall not be public records. All information required by a Bidder’s Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write “none.” Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.

B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.

C. Glendale Ordinance No. 5544 adds Chapter 4.14 to the Glendale Municipal Code, 1995, establishing standards of responsibility and grounds for debarment for contractors who bid on public works contracts. Chapter 4.14 applies to all contracts awarded by, executed by or entered into by the City.

Each Bidder is advised that the standards of Chapter 4.14 will be strictly enforced by the City.

9. DESIGNATION OF SUBCONTRACTORS

A. Subcontractor Listing. On the Designation of Subcontractors form (page F-27), the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide each Subcontractor’s name, identify the trade and type of work that the Subcontractor will perform, state the location (address) of the Subcontractor’s place of business, list the Subcontractor’s California Contractor license number, and list the Subcontractor’s Department of Industrial Relations contractor registration number. In addition, on the form the Bidder shall list the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work — exceeds one-half of one percent of the total Bid Amount.

B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor must possess a current and active California Contractor license appropriate for the portion of the Work listed for such Subcontractor and shall hold all specialty certifications required for such Work. An inadvertent error in listing the California contractor license

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number of a listed Subcontractor shall not be grounds for filing a bid protest or grounds for considering the Bid nonresponsive if the corrected contractor license number is submitted to the City by the Bidder within 24 hours after bid opening and provided the corrected contractor license number corresponds to the submitted name and location for that listed Subcontractor.

C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—an experience statement with pertinent information as to similar projects and other evidence of qualification for the Subcontractor. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Price.

D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.

E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.

10. CONTRACTOR’S NONCOLLUSION DECLARATION

Using the form provided by the City, the Bidder shall sign, under penalty of perjury, the Contractor’s Declaration of Noncollusion, certifying that the Bid is not the result of and has not been influenced by collusion.

Bidder shall submit this form with its Bid. Any Bid made without such declaration, or believed to be made in violation of the requirements set forth in the declaration form, may be rejected.

11. INSURANCE REQUIREMENTS AFFIDAVIT

The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements Affidavit which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) calendar days after the City’s Notice of Award of the Contract. The Bidder shall submit this form with its Bid. Any Bid made without this affidavit, or made with an incomplete affidavit form, may be rejected.

12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK

A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall

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ascertain the locations of the existing utility services, and other underground facilities, and to provide for carrying out his/her operations so as to cause the minimum possible inconvenience to the occupants of property along any streets affected. All Work and costs involved in the safeguarding of the property of others shall be at the expense of the Bidder to whom the Contract may be awarded.

B. The Bidder hereby certifies that he has examined the local conditions, has read each and every clause of the Contract Documents, and that he/she has included all costs necessary to complete the specified Work in his/her Bid prices, and the Bidder agrees that if he/she is awarded the Contract he/she will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than anticipated by him/her, the Bidder agrees to assume all risks incident thereto.

13. PRICES AND PAYMENTS

Approximate quantities listed in the Notice to Contractors and quantities if listed for unit price items on the Bid Forms, are estimates given for comparing Bids, will be used to determine the lowest bid and for pricing changes to the Work. No claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, unless otherwise specifically provided.

14. PERMIT FEES

Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum and from Bid Alternate prices. The Base Bid sum and Bid Alternate prices shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees.

15. SUBSTITUTIONS

No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, on “Substitution Form” (Appendix 5), within five (5) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions. Authorization of a substitution is solely within the discretion of the City.

16. RETURN OF IMPROPER BIDS

Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal.

17. WITHDRAWAL OF BIDS

Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date-stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.

Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code Sections 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after Bid Deadline.

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18. OPENING AND EVALUATION OF BIDS

A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at 633 E. Broadway, Room 205, Glendale, CA in the Public Works Engineering Department during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered;

and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.

B. Evaluation of Bids

1. Mandatory Qualifications A Bid may be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification and fails to include the submittals described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications (in Section 3 EXPERIENCE, item 3.2), each Bidder must establish that Bidder has the required experience as set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. The City’s disqualification of a Subcontractor listed for the Work does not disqualify a Bidder.

However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor — without an adjustment of the Bid Price.

2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Documents.

3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents.

4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.

19. AWARD OF CONTRACT

The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Deadline. City Council meetings are regularly scheduled on Tuesday evenings.

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20. BASIS OF AWARD

A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents.

After the lowest responsive and responsible Bidder is determined, City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid price.

B. In making the determination as to lowest responsive and responsible Bidder, the following criteria will apply:

1. Qualifications of Bidder: The Bidder shall be a qualified Bidder as required in this Paragraph 18(B) and as otherwise required in the Contract Documents.

2. Responsive Bid: The Bidder’s Bid shall be responsive to the requirements of the Contract Documents. As stated elsewhere, the City reserves the right to waive any informalities or technical defects of the Bid as the best interests of the City may require.

21. EXECUTION OF CONTRACT

Within fourteen (14) calendar days after the City’s Notice of Award of the Contract, Contractor shall deliver to the City the following documents:

A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if the Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized.

B. Properly executed copies of the (a) Performance Bond and (b) Labor and Material (Payment) Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Appendix 1 and 2 attached thereto. All signatures must be notarized.

C. Properly executed policies of (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, (c) the Excess or Liability Insurance, (d) the Waiver of Subrogation Clause, (e) Professional Liability, if required, and (f) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions.

In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following Working Day.

After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for his/her files.

22. PUBLIC RECORDS

City seeks to conduct its business openly. Upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e.

regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not

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bind the City in any way whatsoever. If City receives a request from a third…