RFBForm-RegularCIP-updated_8.5.2024.pdf

CONSTRUCTION BID FORM

Sewer Lateral Beach Restrooms

SP2658

Public Works l Bid Form l August 2024 Page 2 of 33

Table of Contents

1) INTRODUCTION

2) INSTRUCTIONS TO BIDDERS

3) DOCUMENT EXAMINATION

4) ERRORS AND OMISSIONS

5) WORK START-UP

6) NON-COLLUSION DECLARATION FORM

7) BID GUARANTEE OR BIDDER'S BOND

8) PRE-BID SITE INSPECTION CERTIFICATION

9) TOTAL BID

10) REJECTION OF BIDS

11) DESIGNATION OF SUBCONTRACTORS

12) BASE BID

13) ADDITIVE/DEDUCTIVE ALTERNATE BID

14) PRE-BID QUALIFICATION STATEMENT (if applicable)

15) BIDDERS QUALIFICATION STATEMENT

Attachment A1 – Bid Guarantee or Bidder’s Bond (Option #1- Paper)

Attachment A2 – E-Bid Bond Guarantee or Bidder’s Bond (Option #2- E-Bid Bond)

Attachment B- Construction in Progress

Attachment C – Completed Construction

Attachment D – Public Works Insurance Requirements

Attachment E – Assessments/Penalties By Governmental Entities

Attachment F – Subcontractor Form

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BID FORM

HONORABLE MAYOR AND

MEMBERS OF THE CITY COUNCIL

City of Santa Monica 1685 Main Street Santa Monica, California 90401

The undersigned hereby submits the following Bid to conduct the Work described in the Bid Documents. It is understood and agreed that:

1) INTRODUCTION

All Work shall be completed within the price shown herein below and within the Contract Time. Submission of a Bid will be deemed a binding offer for one hundred twenty (120) Days from the Bid opening. The undersigned agrees to enter into the Construction Contract contained in the Bid Documents on the terms contained therein. Capitalized terms used herein shall have the meanings assigned to them in the Bid Documents.

2) INSTRUCTIONS TO BIDDERS

The undersigned acknowledges receiving the Instructions to Bidders and hereby agrees to the terms set forth therein.

3) DOCUMENT EXAMINATION

The undersigned has carefully examined all Bid Documents.

4) ERRORS AND OMISSIONS

The undersigned fully understands the scope of Work and has checked carefully all words and figures inserted in this Bid and further understands that the City of Santa Monica will be in no way responsible for any errors and/or omissions in the preparation of the Bid.

5) WORK START-UP

The undersigned agrees, acknowledges and is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of this Contract if it is awarded to the undersigned.

The undersigned will not begin the Work until all requirements in regard to bonds and insurance have been satisfied, the Contract has been executed and the Notice to Proceed has been issued. The undersigned understands that time is of the essence with respect to all time limits set forth in the Contract Documents and will complete all Work within the Contract Time specified in the Contract Documents. The undersigned will execute the Contract and furnish the required statutory bonds and Certificates of Insurance within the period of time specified in the Contract Documents.

6) NON-COLLUSION DECLARATION FORM

Bidders must sign and upload the City’s Non-Collusion Declaration Form within OpenGov Procurement (the City’s on-line bidding system).

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7) BID GUARANTEE OR BIDDER'S BOND

In the event the undersigned fails to execute a Construction Contract and furnish the required bonds and insurance therefore within the time provided by the Request for Bids, the undersigned agrees that the City of Santa Monica shall recover or retain as liquidated damages all amounts equal to ten percent (10%) of the total amount of the award made, all in accordance with the foregoing stipulations. The City allows for paper bid bonds/certified checks/checks OR E-Bid Bonds.

Bid bonds are only accepted by one of the two following options 1) via paper bond, certified check or cashier’s check (a scanned copy must be submitted with the bid) OR 2) electronically via Surety 2000 (http://www.surety2000.com. Bid bonds, whether electronic or paper/cashier’s check must be received by the bid close date. Bonds or checks that are mailed in, must be received OR postmarked no later than bid closing date.

If bonds are not submitted electronically, they must be mailed via United States Postal Service only to Jared Schultz, 1685 Main Street, Mail Stop #15, Santa Monica, CA 90401.

Hand delivery of bid bonds/cashier’s check is not accepted. Attachment A1 is the template for Paper Bid Bonds and Attachment A2 is the template for E-Bid Bonds that are entered via Surety 2000 (http://www.surety2000.com). E-Bid bond is optional.

Vendors submitting E-Bid Bonds are to enter the bid bond number in Vendor Questionnaire Section within OpenGov Procurement.

8) PRE-BID SITE INSPECTION CERTIFICATION

The undersigned hereby certifies that it and its Subcontractors have inspected the Site for the performance of the Work and fully acquainted itself with all conditions and matters which might in any way affect the Work, time of completion or the cost thereof.

Bidders must examine and judge for themselves the location, surroundings, physical condition, and nature of any work to be done. The undersigned acknowledges that it is satisfied as to the character, quality and quantities of surface and subsurface materials or obstacles to be encountered and the condition of Existing Improvements insofar as reasonably ascertainable from a careful inspection of the Site and from the geological investigation reports, data and similar information made available by the City. Submission of the Bid by the undersigned shall be conclusive evidence that the undersigned has made such an examination and included all costs associated with preparing the Site for the intended Work.

The Drawings for the Work show conditions as they are supposed or believed to exist.

The conditions shown do not constitute a representation or warranty express or implied by the City or its officers that such conditions actually exist.

The Bidder also certifies it has observed the designated Contractor Work areas, material and equipment storage areas, access routes, as well as the ability to protect existing surface and subsurface improvements. No claim for allowance--time or money--will be allowed for such matters.

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Persons who inspected site of the proposed Work for your firm:

Name: ___________________________________________

Title: ____________________________________________

Date of Inspection: ________________________________

Name: ___________________________________________

Title: ____________________________________________

Date of Inspection: ________________________________

9) TOTAL BID

To determine the lowest monetary Bidder, the City will calculate the Total Base Bid, which will equal the sum of the Base Bid as entered in the electronic bid via OpenGov Procurement. See details listed in No. 13 (Base Bid). The Contract will be awarded to the Best Bidder in accordance with Santa Monica Municipal Code Section 2.24.180. The Total Base Bid will equal the sum of the Base Bid item(s) items and will NOT include the Additive/Deductive Alternate Bid(s) unless otherwise specifically stated in Number 6 of the Bid Instructions.

10) REJECTION OF BIDS

The City reserves the right, in its sole discretion, to reject all Bids, delete construction items, and/or decrease quantities of Unit Price items, or waive any minor irregularities in the Bids.

11) DESIGNATION OF SUBCONTRACTORS

In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100 et seq. of the California Public Contract Code, and any amendments thereto, the undersigned shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the Contractor's Total Bid, and shall further set forth the trade(s) that will be done by each Subcontractor and the dollar amount of each subcontract. Only one Subcontractor for each such trade shall be listed. If there are additive alternates, the Contractor must list any subcontractors performing in excess of one-half (1/2) of one percent (1%) of the Contractor’s Total Bid.

If the Contractor fails to specify a Subcontractor for any portion of the Work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the Work except in cases of public emergency or necessity, and then only after the City, in a finding reduced to writing as a public record of the City, sets forth the facts constituting the emergency or necessity.

Re-subletting or re-subcontracting of any portion of the Work for which a subcontractor was designated in the original Bid shall only be permitted for the reasons and according to the procedures set forth in Sections 4100 et seq. of the California Public Contract Code.

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Contractor shall perform, with its own employees, Work amounting to at least 50 percent of the Contract Sum except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Sum before computing the amount required to be performed by

Contractor with its own employees. "Specialty Items" are identified in the Bid Documents below.

Note: All Subcontractors must be provided in the “Subcontractor Form” (Attachment F) listed in the “Vendor Questionnaire” section of OpenGov Procurement.

No specialty items designated for this project.

12) BASE BID

Bidders are to enter line items as part of their electronic bid via OpenGov Procurement

(Line Items tab). The Bidder agrees to provide and install all Work as described in the Contract Documents, including licenses, permits, fees, taxes, overhead, bond and insurance, for the lump sum set forth in the line items listed in the base bid. The quantities set forth in the unit prices entered into the electronic bid are an approximation. The City does not represent that the actual quantity of any item will equal the approximate quantity stated. In addition, the City shall have the right to increase or decrease any item for which an approximate quantity is stated, based on unit price Bid, or to require changes in the

Contract Documents which do not in the opinion of the City materially change the character of the Work of the item from that on which the Bidder based its unit price Bid. The Contract Sum will be adjusted at the Unit Prices quoted on the basis of actual quantities measured during the Work. As noted above, the Work described in the Unit Prices is in addition to the quantities currently shown in the Contract Documents as part of the Work of the Base

Bid. The quantities quoted in the Unit Prices entered into the electronic bid are an approximation and are not intended to represent actual quantities.

13) ADDITIVE/DEDUCTIVE ALTERNATE BID

If additive/deductive alternate bid(s) are applicable, Bidders are to enter line items via OpenGov Procurement (Line Items tab). The Bidder agrees to provide an additive/deductive for the Alternate items listed herein as part of the overall Work. The quantities set forth in the unit prices entered into the electronic bid are an approximation.

The City does not represent that the actual quantity of any item will equal the approximate quantity stated. In addition the City shall have the right to increase or decrease any item for which an approximate quantity is stated, based on unit price Bid, or to require changes in the Contract Documents which do not in the opinion of the City materially change the character of the Work of the item from that on which the Bidder based its unit price Bid.

The Contract Sum will be adjusted at the Unit Prices quoted on the basis of actual quantities measured during the Work. As noted above, the Work described in the Unit Prices is in addition to the quantities currently shown in the Contract Documents as part of the Work of the Base Bid. Also as noted below, the quantities quoted in the electronic bid Unit Prices are an approximation and are not intended to represent actual quantities.

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14) PRE-BID QUALIFICATION STATEMENT (if applicable)

Not Applicable

The Contractor Pre-Qualification Statement" submitted as Phase One of the Bid Process does NOT need to be resubmitted with the Bid (Phase Two), but is considered part of the Contractor's overall Bid package and is hereby incorporated by reference into this Bid.

15) BIDDERS QUALIFICATION STATEMENT

RESPONSES TO THE QUESTIONS CONTAINED IN THIS BIDDERS QUALIFICATION

STATEMENT MUST BE SUBMITTED ON THIS FORM

The City reserves the right, after reviewing the qualification statements, to reject any and all Bids, and to award the Bid to the Best Bidder. The following qualification statements are intended for the purpose of determining the Bidder qualified to provide successful performance on the type of work required to construct this Project.

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

Submitted To: City of Santa Monica

Address: 1685 Main Street, Santa Monica, CA 90401

Submitted by: ___________________________________

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A. CONTACT INFORMATION

Submitted By: Bidder/Contractor Information

Bidder/Proposer Business Name: _________________________________________

Contractor’s License Number: ____________________________________________

Street Address: ________________________________________________________

City, State, Zip Code: _____________________

Contact Person Name/Title: _______________________________________________

Alternate Contact: ______________________________________________________

Alternate Contact Person Email Address: _____________________________________

Name and Email address of the person authorized to sign the contract on behalf of the Contractor (needed for City’s electronic contract approval software program, DocuSign ©):

Name: ____________________________________ Title: ________________________

Email: _____________________________________

B. BUSINESS ORGANIZATION/STRUCTURE

Indicate the organizational structure of your firm.

☐ Corporation ☐ Partnership ☐ Joint Venture ☐ Individual ☐ Other

If a Corporation, answer the following questions:

Date incorporated: ______ / ______/ _______

State of Incorporation: _____________________________________________

President’s Name: ________________________________________________

Vice President’s Name: ____________________________________________

Secretary of Clerk’s Name: _________________________________________

Treasurer's Name: ________________________________________________

If a Partnership, answer the following questions:

Type of Partnership (Limited or General): ______________________________

Date of Organization: ______________________________________________

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Location where Partnership formed: ___________________________________

Name(s) and Address(es) of Partner(s): ________________________________

Treasurer's Name: _________________________________________________

If a Sole Proprietorship, answer the following questions:

Date of Formation: ___________________

Place of Formation: _______________________________________

Authorized Signatory(ies): ___________________________________

If Other, answer the following questions:

Name of Organization: ___________________

Name of Principals: _______________________________________

Authorized Signatory(ies): ___________________________________

C. OWNERSHIP AND NAME CHANGES

1. Is your firm a subsidiary, parent, holding company, or affiliate of another firm?

☐Yes ☐ No

If Yes, explain the relationship between your firm and the associated firms. Include information about an affiliated firm only if one firm owns 50% or more of another firm, or if an owner, partner or officer of your firm holds a similar position in another firm:

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2. Has any of the firm’s owners, partners, principals or officers operated a similar business in the past five years?

☐Yes ☐ No

If yes, identify all other business names used by any Corporate Officers, Partners or Principals within the past five years. Provide the names and addresses of all such businesses, and the person who operated the business. Include information about a similar business only if an owner, partner or officer of your firm holds a similar position in another firm:

3. Has the firm changed names in the past five years?

☐Yes ☐ No

If Yes, list the name of the corporation or partnership that actually holds the license.

Bidders/Contractors:

4. Number of years engaged in construction business under firm’s present name: _________

5. Are any of your firm’s licenses held in the name of a corporation or partnership?

☐ Yes ☐ No

If Yes, list the name of the corporation or partnership that holds the license.

Bidders/Contractors:

6. Is your firm registered with the State of California, Department of Industrial Relations, as outlined in Instruction to Bidders, Page 13?

DIR Registration Number: _______________________________

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7. Contractors State License Board

In the last 10 years, has any owner, partner, principal or officer of your company been issued a CSLB license under a different company name (sole ownership, partnership, corporation, or Limited Liability company)?

☐ Yes ☐ No

If “Yes”, state the name of the owner, partner, principal or officer, previous license number and the company name. Explain reason for CSLB license change.

To the best of your knowledge, has the owner, partner, principal or officer of your company (or any company the person is or was a part of as stated above) ever received a citation from CSLB or had a contractor license or other professional or vocational license or registration denied, suspended, revoked, or otherwise disciplined by this state or elsewhere (i.e., other U.S. state, U.S. territory, agency of the federal government, or other country)?

If “Yes”, you are required to attach a statement detailing the events leading to this action.

8. Staff Roster/Functions:

Furnish a proposed organization chart that includes all positions and names of personnel anticipated to be assigned to the project and indicate whether part or full time. List key member of your staff who will be assigned to or responsible for work as a team member on this Project and provide the following information for each individual:

Project Executive Project Superintendent Project Manger

Name (Attach Resumes)

Years with Company

Years in Position

Projects Completed and for Whom

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D. FINANCIAL RESOURCES AND RESPONSIBILITY

1. In the past five years, has your firm ever been denied bonding? ☐ Yes ☐ No

If Yes, explain the circumstances surrounding each instance:

2. Has a bonding company ever been required to pay on a bond issued to your firm for a contract? ☐ Yes ☐ No

3. Have you or your firm or any principal in your firm ever been adjudged bankrupt in any voluntary or involuntary bankruptcy proceeding? ☐ Yes ☐ No

4. ______________________________________________________________________

5. Is your firm in the process of, or in negotiations toward, being sold? ☐ Yes ☐ No

If Yes, explain the circumstances:

6. The Contractor's bonding companies must meet the requirements set forth in the Bid Documents. Provide information regarding the company(ies) that will be providing bonding coverage for this project:

Name of Firm: (1) ________________________ (2) ___________________________

Address: _____________________________________________________________

Telephone: ______________________________

AM Best Rating: __________________________

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7. Provide your banking references:

Name of Agent: (1) _______________________(2) ___________________________

Name of Firm: _________________________________________________________

Address: ______________________________________________________________

Telephone: ________________________

E. INSURANCE

1. Indicate whether your firm currently has a workers’ compensation insurance policy in effect, whether it is legally self-insured, or whether it currently has no workers’ compensation insurance policy in effect.

☐ Workers Compensation Insurance Policy Currently in Effect

☐ Legally Self-Insured

☐ No Workers’ Compensation Policy Currently in Effect

If you have no worker’s compensation insurance policy currently in effect, and you are not legally self-insured, provide an explanation below:

2. List the Experience Modification Rate (EMR) issued to your firm annually by your workers’ compensation insurance carrier for the last three years. Begin with the most recent year (YR 1) that an EMR rate was issued (EMR -1). If any of the rates for the three years is or was 1.00 or higher, provide an explanation below.

YR. 1: _________ YR 2: ________ YR. 3: _________

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3. Within the past five years, has your firm ever had employees but was without workers’ compensation insurance or state approved self-insurance? ☐ Yes ☐ No

If Yes, explain each instance. If No, attach a statement from your worker’s compensation insurance provider that you have been continuously insured for the past five years.

4. The Contractor's insurance carriers must meet the requirements set forth in the Bid

Documents. Provide information regarding your insurance agent or agents who will be providing insurance certificates evidencing required coverages for the project:

Name of Agent: (1) _______________________(2) ___________________________

Name of Firm: _________________________________________________________

Address: ______________________________________________________________

Telephone: ________________________

F. CONSTRUCTION EXPERIENCE

1. Has your firm ever held any contracts with the City of Santa Monica or any of its departments?

☐ Yes ☐ No

If Yes, List all contracts your firm has had with the City of Santa Monica for the last 10 years. For each contract listed in response to this question, include: (a) project name; (b) name of a City contact and phone number; (c) purpose of contract; (d) total cost; (e) starting date; and (f) ending date.

Project Name: ________________________________________________________

Name of a City contact and phone number: _________________________________

Purpose of contract: ___________________________________________________

Total cost: ______________________________________________

Starting date: __________________ Ending date: ___________________

Project Name: ________________________________________________________

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Name of a City contact and phone number: _________________________________

Purpose of contract: ___________________________________________________

Total cost: ______________________________________________

Starting date: __________________ Ending date: ___________________

2. List all contracts your firm has had in excess of $1,000,000 with any private or governmental entity (other than the City of Santa Monica) over the last five years that are similar to the work to be performed on the contract for which you are bidding or proposing.

Construction Experience: Bidder participating in this publicly bid contract must have completed at least 5 projects similar in scope to the Project subject of this bid in the 5 years. List minimum of 5 construction projects completed by the bidder that best exemplify the firm’s ability to successfully complete this project.

☐ Check the box if you have not had any similar contracts in the last five years.

List on Attachment B: Provide a list of the current construction projects in excess of $500,000 your organization currently has in progress.

List on Attachment C: Provide a list of completed construction projects in excess of

$500,000 your organization has completed within the past 5 years.

3. In the past five years, has a governmental or private entity or individual terminated your firm’s contract prior to its completion of the contract? ☐ Yes ☐ No

If Yes, explain each instance.

5. Has your firm ever failed to complete a project by the construction deadline specified in the contract? ☐ Yes ☐ No

I If Yes, describe below the nature of the particular project, the original number of contract days specified for completion, the reasons for any delays, any change orders extending the time of completion, and the total number of days actually required to complete the project.

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6. In the past five years, has your firm or firm in which an owner, partner, or officer of your firm held a similar position ever been debarred by any Local, State or Federal agency? ☐ Yes ☐ No

If Yes, explain here:

7. In the past five years, has your firm or firm in which an owner, partner, or officer of your firm held a similar position defaulted on a contract or determined to be a nonresponsible bidder or contractor? ☐ Yes ☐ No

If Yes, explain the circumstances surrounding each instance:

8. List in an attachment your major equipment available for this Contract.

9. Provide or attach information regarding your on-site quality control and safety programs.

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

If Yes, what were the circumstances:

11. Has the EPA or any Air Quality Management District or any Regional Water Quality Control

Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years?

If Yes, what were the circumstances:

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G. CLAIMS and LITIGATION

Contractor as Defendant

1. Have you, your firm, or any principal in your firm ever had any claims filed against you by any "owner" (including a public agency owner), bonding company, subcontractor or supplier?

☐ Yes ☐ No

If you answered Yes, explain the circumstances surrounding each instance below. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case.

2. Have you, your firm, or any principal in your firm ever had been sued by any "owner"

(including a public agency owner), or bonding company insuring said "owner" for default on a contract?

☐ Yes ☐ No

If you answered Yes, explain the circumstances surrounding each instance below. You must include the following in your response: the name of the plaintiffs in each court case, the specific causes of action in each case; the date each case was filed; and the disposition/current status of each case.

3. Have you, your firm, or any principal in your firm ever been sued by a subcontractor or material supplier for default on a contract?

☐ Yes ☐ No

If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:

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4. During the past 5 years have you, your firm, or any principal in your firm been a defendant in any lawsuit besides those described in the paragraphs above?

☐ Yes ☐ No

If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:

Contractor as Claimant or Plaintiff

5. Have you, your firm, or any principal in your firm ever filed a claim against an "owner"

(including any public agency owner) or a bonding company insuring an "owner" for any claims arising under any contract?

☐ Yes ☐ No

If yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:

6. Have you, your firm, or any principal in your firm ever filed a lawsuit against an "owner"

(including any public agency owner) or a bonding company insuring an "owner" for any disputes arising under any contract?

If Yes, provide a description of the case, the court location, case number and the outcome for each lawsuit below:

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H. COMPLIANCE

1. In the past five years, has your firm or any of its owners, partners or officers, ever been investigated, cited, assessed any penalties, or been found to have violated any laws, rules, or regulations enforced or administered, by any of the governmental entities listed on Attachment E? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded Corporation.

If Yes, explain the circumstances surrounding each instance, including the entity that was involved, the dates of such instances, and the outcome below:

2. Department of Industry Relations (DIR) History:

Has your firm or any of its owners, partners or officers (or firm under previous DBA) had any assessments issued by DIR or have any open investigations with the DIR within the last 5 years?

If YES, how many assessments have been issued to your firm? _____________

Attach Assessment(s) issued by DIR and explain the case(s).

Note: Failure to disclose or underreport this information may be factored into your firm’s bid evaluation.

3. If a license is required to perform any services provided by your firm, has your firm, or any person employed by your firm, been investigated, found to have violated, cited, assessed any penalties, or subject to any disciplinary action by a licensing agency for violation of any licensing laws in the past five years?

☐ Yes ☐ No If Yes, explain the circumstances surrounding each instance in the last five years below:

4. Provide the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that may provide apprentices to your company for use on any public works projects that you are awarded by the City of Santa Monica (If Applicable) below:

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5. Provide the name(s), address(s) and telephone number(s) of the apprenticeship program sponsor(s) approved by the California Division of Apprenticeship Standards that have provided apprentices to your company on any public works project on which your firm has participated within the last 3 years below:

I. BUSINESS INTEGRITY

1. For questions (a), (b), and (c) below, check Yes if the situation applies to your firm. For these questions, the term “firm” includes any owners, partners, or officers in the firm. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. If you check Yes to any of the three questions below, explain on the circumstances surrounding each instance

(a) Is a governmental entity or public utility currently investigating your firm for making false claim(s) or material misrepresentation(s)?

Explanation:

(b) In the past five years, has a governmental entity or public utility alleged or determined that your firm made (a) false claim(s) or material misrepresentation(s)?

(c) In the past five years, has your firm been convicted of, or found liable in a civil suit for, making (a) false claim(s) or material misrepresentation(s) to any governmental entity or public utility?

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2. In the past five years, has your firm, any of its owners or officers been convicted of a crime involving the bidding of a government contract, the awarding of a government contract, the performance of a government contract, or the crime of theft, fraud, embezzlement, perjury, or bribery? For this question, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation.

16) ADDENDA

The Bidder shall acknowledge receipt of all Addenda by electronically signing all addenda via OpenGov Procurement.

17) BIDDERS ACKNOWLEDGEMENT

The undersigned hereby declares under penalty of perjury that:

A. Its firm has a net worth greater than 50% and liquidity greater than 10% of the Bid amount

B. All necessary resources will be dedicated to complete this project within the designated contract period.

C. The full names and residence of all persons and parties interested in the foregoing proposal, as principals, are as follows:

NOTICE: Give first and last names in full; in case of a corporation, give names of the President, Secretary, Treasurer and Manager, and affix the corporate seal; in case of partnerships and joint ventures, give names of all the individual members.

(full name)

(residence)

(full name)

(residence)

(full name) (residence)

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CERTIFICATION UNDER PENALTY OF PERJURY

I certify under penalty of perjury under the laws of the State of California that I have read and understand the questions contained in this questionnaire and the responses contained herein and on all Attachments. I further certify that I have provided full and complete answers to each question, and that all information provided in response to this

Questionnaire is true and accurate to the best of my knowledge and belief.

(Contractor's Business Name)

(Submitted by - signature)

(Business Address) (Title)

(City) (State) (Zip) (Business Phone Number)

(Contractor's License Number) (License Expiration Date)

(License Classification)

Submitted By, Print Name & Signature Date

Title

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A6achment A1 – Bid Guarantee or Bidder’s Bond (Op7on #1- Paper)

Scanned copy must be submi6ed with the bid and mailed/postmarked by bid closing.

A!ached hereto is cash, a cer$fied check, a cashier's check or a Bidder's bond in the amount of:

Dollars $ _____ said amount ________________________________________

(in figures) (in words) being not less than ten percent (10%) of the amount bid, which it is agreed shall be retained as liquidated damages by the City of Santa Monica if the undersigned fails or refuses to execute the Construc$on

Contract and furnish the required bonds and cer$ficates of insurance within the $me provided.

KNOW ALL PERSONS BY THESE PRESENTS,

That _________ , as Principal, and ____ ____ , as Surety, are held and firmly bound unto the CITY OF SANTA MONICA, hereinaAer called "CITY" in the sum of ten percent (10%) of the Bid amount for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submi!ed a bid to said City to perform all work required under the Contract

Documents of the City for the project en$tled:

NOW THEREFORE, if said Principal is awarded the Construc$on Contract by said City and within the $me and in the manner required under the heading "Instruc$ons to Bidders" included with said Contract

Documents, enters into a wri!en contract on the form of "Construc$on Contract" included with said

Contract Documents, and furnishes the required bonds to the sa$sfac$on of the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obliga$on shall be null and void; otherwise it shall remain in full force and effect and the sum guaranteed by this bond shall, at the op$on of the City, be forfeited to the City. In the event suit is brought upon this bond by said City and judgment is made in favor of the City, said Surety shall pay all costs incurred by said City in such suit, including reasonable a!orney's fee to be fixed by the court.

SIGNED AND SEALED, this _ day of _ , 20___.

(Principal)

By:

(Signature)

SEAL AND NOTARY

ACKNOWLEDGMENT OF SURETY

(Seal)

Public Works l Bid Form l August 2024 Page 24 of 33

A6achment A2 – E-Bid Bond Guarantee or Bidder’s Bond (Op7on #2- E-Bid Bond)

Submi6ed electronically via Surety 2000 (h6p://www.surety2000.com).

This is the E-Bid Bond template and does not need to be submi6ed with bid. However, bidders must enter the E-Bid bond number in Vendor Ques7onnaire (#2) within OpenGov Procurement.

Public Works l Bid Form l August 2024 Page 25 of 33

A6achment B- Construc7on in Progress

Make copies of this attachment for each construction project in progress.

List 5 construction projects, currently in progress, by the General Contractor that best exemplify the firm’s ability to successfully complete this project.

Project Name and Location:

Description (type of construction, levels, etc.):

Owner (Entity and Location):

Prime Contractor to the Owner Subcontractor

Contact Person:

Phone:

Designer (Firm):

Location:

Contact Person: Phone:

Original Contract: $___________________ Approved Change Orders:

Original Schedule: _________________

(Calendar days)

Approved Time Extension:_________________

(Calendar days)

Total Contract Duration: ______________

(Calendar days)

Prevailing Wages: ____ YES _____NO

Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________

% of Contract Subcontracted: _______________ Name of CM on Project, if applicable:

Contract Completion Date:__________________

Public Works l Bid Form l August 2024 Page 26 of 33

A6achment C – Completed Construc7on

Make copies of this attachment for each construction project completed.

List 5 construction projects completed by the General Contractor, within the past 5 years, that best exemplify the firm’s ability to successfully complete this project.

Project Name and Location:

Description (type of construction, levels, etc.):

Owner (Entity and Location):

Prime Contractor to the Owner Subcontractor to the Owner

Contact Person:

Phone:

Designer (Firm):

Location:

Contact Person: Phone:

Original Contract: $___________________ Approved Change Orders: $____________________

Original Schedule: ________________

(Calendar days)

Approved Time Extension:_________________

(Calendar days)

Total Contract Duration: ______________

(Calendar days)

Prevailing Wages: ____ YES _____NO

Public Bid: ____ YES _____NO Liquidated Damages Clause: $_______________

% of Contract Subcontracted: _______________ Name of CM on Project, if applicable:

Pending Contract Completion Date:__________________

Public Works l Bid Form l August 2024 Page 27 of 33

A6achment D – Public Works Insurance Requirements

Minimum Insurance Requirements for Public Works Projects

Insurance Requirements

Contractor shall procure and maintain insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the

Contractor, its agents, representatives, employees, or subcontractors.

I. Minimum Scope and Limits of Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an

“occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if

Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of

California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than

$1,000,000 per accident for bodily injury or disease.

Contractors providing services such as excava7on, grading, and/or drilling or that involve environmental hazards will also possess:

4. Contractors’ Pollu7on Legal Liability. Insurance covering pollu$on condi$ons arising out of the ac$ons performed by or on behalf of the Contractor with limits of no less than $1,000,000 per occurrence or claims/$2,000,000 policy aggregate.

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the

City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

II. Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Public Works l Bid Form l August 2024 Page 28 of 33

1. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as the combination of Insurance Services Office Forms: (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37.

2. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.

4. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa

Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the

City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

5. For Architectural Firms Only: Architectural firms will be required to indemnify the City against liability.

III. Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of

Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

IV. Acceptability of Insurers

Insurance is to be placed with insurers authorized to conduct business in California with a current

A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Public Works l Bid Form l August 2024 Page 29 of 33

V. Claims Made Policies

If the policy provides “claims made” coverage:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.

2. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.

3. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Contractor must purchase

“extended reporting” coverage for a minimum of 5 years after completion of work.

VI. Verification of Coverage

Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements.

These documents must be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

VII. Failure to Maintain Insurance Coverage

If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this

Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

VIII. Subcontractors

Contractor shall require and verify that all Subcontractors maintain insurance meeting the minimum requirements stated below:

1. All Subcontractors are required to possess insurance meeting the minimum scope and limits identified below:

a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Public Works l Bid Form l August 2024 Page 30 of 33

b. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Subcontractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

c. Workers’ Compensation: Workers’ Compensation insurance as required by the State of

California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than

$1,000,000 per accident for bodily injury or disease.

Subcontractors providing services such as excava7on, grading, and/or drilling or that involve environmental hazards will also possess:

d. Contractors’ Pollu7on Liability: Insurance covering pollu$on condi$ons arising out of ac$ons performed by or on behalf of the Subcontractor, with limits no less than $1,000,000 each claim/$2,000,000 in the annual aggregate.

If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage or higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

2. All Subcontractors are required to comply with the insurance provisions established in Sections II through IV above.

Effective 5/2021

Public Works l Bid Form l August 2024 Page 31 of 33

A6achment E – Assessments/Penal7es By Governmental En77es

If Yes was checked in response to Ques�on No. 39 if your firm or any of its owners, partners or officers, have ever been inves$gated, cited, assessed any penal$es, or found to have violated any laws, rules, or regula$ons enforced or administered, by any of the governmental en$$es listed below (or any of its subdivisions), including but not limited to those examples specified below. The term “owner” does not include owners of stock in your firm if your firm is a publicly traded corpora$on. If you answered Yes, provide an explana$on of the circumstances surrounding each instance, including the en$ty involved, the dates of such instances, and the outcome.

FEDERAL ENTITIES

Federal Department of Labor-

• American with Disabili$es Act

• Immigra$on Reform and Control Act

• Family Medical Leave Act

• Fair Labor Standards Act

• Davis-Bacon and laws covering wage requirements for federal government contract workers

• Migrant and Seasonal Agricultural Workers

Protec$on Act

• Immigra$on and Naturaliza$on Act

• Occupa$onal Safety and Health Act

• An$-discrimina$on provisions applicable to government contractors and subcontractors

• Whistleblower protec$on laws

STATE ENTITIES

California’s Department of Industrial Rela7ons-

• Wage and labor standards, and licensing & registra$on

• Occupa$onal safety and health standards

• Workers’ compensa$on self-insurance plans

• Workers’ Compensa$on Act

• Wage, hour, and working standards for appren$ces

• Any provision of the California Labor Code

California’s Department of Fair Employment &

Housing-

• California Fair Employment & Housing Act

• Unruh Civil Rights Act

• Ralph Civil Rights Act

Federal Department of Jus7ce-

• Civil Rights Act

• American with Disabili$es Act

• Immigra$on Reform and Control Act of 1986

• bankruptcy fraud and abuse

California Department of Consumer Affairs

• Licensing, registra$on, & cer$fica$on requirements

• Occupa$onal licensing requirements administered and/or enforced by any of the Department’s boards, including the

Contractor’s State Licensing Board.

Federal Department of Housing & Urban

Development (HUD)-

• An$-discrimina$on provisions in federally subsidized/assisted/sponsored housing programs

• Prevailing wage requirements applicable to HUD related programs

Local En77es-

City of Santa Monica or any of its subdivisions for viola$ons of any law, ordinance, code, rule, or regula$on administered and/or enforced by the City, including any le!ers of warning or sanc$ons issued by the City of Los Angeles…