Specs- 20260831143036772 Lining Specifications Ph6.pdf

Bid No. 27-01

PHASE 6 SEWER PIPE LINING PROJECT, BID NO. 27-01

TABLE OF CONTENTS

INFORMATION FOR BIDDERS

RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF LA MESA.. 18

PHASE 6 SEWER PIPE LINING PROJECT

BID FORM

BIDDER INFORMATION STATEMENT

BIDDERS' STATEMENT OF

TECHNICAL ABILITY AND EXPERIENCE

BID BOND

COMPLIANCE WITH STATE ASSEMBLY BILL 854

AND LABOR CODE SECTION 1771.1(A)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

MINORITY SUBCONTRACTOR CERTIFICATION

DISQUALIFICATION DEBARMENT QUESTIONNAIRE

CARGO PREFERENCE ACT

Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form ... 41 FORM 4500-3 (DBE Subcontractor Performance Form)

FORM 4500-4 (DBE Subcontractor Utilization Form)

FORM 4500-4 (DBE SUBCONTRACTOR UTILIZATION FORM)

AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

PARTNERSHIP CERTIFICATE

CORPORATE CERTIFICATE

EMERGENCY NOTIFICATION LIST

PHASE 6 SEWER PIPE LINING PROJECT

DOCUMENTS UPON COMPLETION OF PROJECT

CONTRACTOR’S CERTIFICATION OF COMPLETION

AFFIDAVIT OF DISPOSAL

RELEASE FORM WITH PAYMENT REQUESTS

PHASE 6 SEWER PIPE LINING PROJECT, Bid No. 27-01

SPECIAL CONDITIONS

SPECIAL PROVISIONS

APPENDIX A- FEDERAL WAGE RATES

APPENDIX B – STATE WAGE RATES

APPENDIX C – COMPLIANCE AND DAVIS BACON GUIDELINES

APPENDIX D – COMPLIANCE AND DBE

APPENDIX E – IMPLEMENTATION OF AMERICAN IRON AND STEEL

NOTE: Material specifications are given in the Special Provisions

NOTICE INVITING BIDS

Bids, uploaded to the City of La Mesa, via PlanetBids, will be received electronically until September 25, 2026 at 2pm, at which time they will be publicly opened, for furnishing plant, labor, material, and equipment and performing all work required for:

PHASE 6 SEWER PIPE LINING PROJECT, Bid No. 27-01 in the City of La Mesa, County of San Diego, State of California, as shown on City of La Mesa Drawings No.

9358.01 through 9358.03, and 9358.16 through 9358.18 and according to the specifications.

OPINION OF PROBABLE CONSTRUCTION COST: The opinion of probable construction cost for this project is $750,000.

Classification of valid contractor's license which the Prime Contractor must have at the time of bid and contract award: A.

No bid will be awarded to a Contractor who is not licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code.

Plans, Specifications, Information for Bidders, Bid Bond form, Performance and Payment Bond Forms, Special Provisions, and Agreement Forms may be secured at no cost from our website: www.cityoflamesa.com at Bid Opportunities under Business, as well as bid holder lists and bid results.

All bids must be submitted electronically to PlanetBids at the prescribed upload location. It is the sole responsibility of the Bidder to see that his/her bid is received in proper time. Any bids received after the scheduled closing time for receipt of the bids will not be considered valid. See Information for Bidders and other contract documents for bidding procedure and other requirements of said bid.

The right is reserved by the City to reject any and all bids and to waive any irregularities or informalities in bids received.

Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry via PlanetBids (only) at least five (5) calendar days prior to bid opening. Any such inquiries or questions, after five (5) calendar days prior to bid opening is not permitted.

Contractors and subcontractors for a public works construction project shall comply with the requirements of SB 854 and Labor Code Section 1771.1(a).

Labor charges and administrative efforts to comply with the Davis-Bacon Act wage determinations or prevailing hourly rate of per diem wages for this locality and project, whichever is greater.

A COPY OF THE PREVAILING WAGE RATES SHALL BE POSTED ON THE JOB SITE BY THE

CONTRACTOR.

OVERTIME AND HOLIDAY WORK: Time and one-half for all overtime, except Sundays and holidays, which shall be double-time. The holidays upon which double time rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the project.

Payment of travel and subsistence payments to each workman needed to execute the work provided for herein shall be made, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations in accordance with Section 1773.8 of the Labor Code of the State of California.

In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, proper indentured apprentices may be employed in the prosecution of the work.

If the project requires the employment of workers in any apprentice-able craft or trade, once awarded, the Contractors or subcontractors must apply to the joint apprenticeship council unless already covered by local apprentice standards (Labor Code Section 1777.5).

Information relative to the number of apprentices, identifications, wages, hours of employment, and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council, P. 0. Box 603, San Francisco, CA 94101.

The City Council of the City of La Mesa, in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 C.F.R., Part 8), issued pursuant to such Act, hereby notifies all Bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible Bidder without discrimination on the grounds of race, color, or national origin.

INFORMATION FOR BIDDERS

1. PREPARATION OF BID FORM: The Owner invites bids on PlanetBids. The Bid

Forms attached are to be submitted at such time and place as is stated in the Notice Inviting Bids. All blanks in the Bid Forms must be appropriately filled in. The electronic Bid Schedule submitted on PlanetBids is considered the official bid pricing submittal.

All bids must be submitted electronically via PlanetBids. It is the sole responsibility of the Bidder to see that his bid is received in proper time. Any bid received after scheduled closing time for receipt of the bids will not be accepted.

2. SIGNATURE: The bid must be signed and uploaded to PlanetBids with the name of the Bidder. The signature shall be in longhand form of the person(s) duly authorized to sign the bid on the bid forms as required. Completing and submitting the electronic Bid Schedule on PlanetBids will be construed as the contractor having signed the Bid Schedule.

Following bid opening and identification of the apparent low bidder, all required bid documents bearing wet signatures shall be submitted to the City no later than two (2) business days after Bid Opening. Bidders that are not the apparent low shall be required to submit hard copies with wet signatures to the City within three (3) days of notification from the City.

Not complying with the aforementioned requirements may result in the rejection of the bid as being unresponsive.

3. MODIFICATIONS: Changes in or additions to the Bid Schedule recapitulations of the work bid upon, alternative proposals, or any other modifications of the Bid Schedule which are not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation. No oral or telephonic modification of any bid submitted will be considered. A written modification by the Bidder may be considered only if it is posted on PlanetBids no less than five (5) days prior to the bid opening date.

4. ERASURES: The bid submitted must not contain any erasures, interlineations, or other corrections unless such correction is suitably authenticated by affixing, in the margin immediately opposite the correction, the surname or surnames of the person or persons signing the bid.

5. EXAMINATION OF SITE, DRAWINGS, ETC.: Each Bidder shall visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the Plans and Specifications. The failure or omission of any Bidder to receive or examine any form, instrument, or other documents, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve any Bidder from obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

6. WITHDRAWALS OF BIDS: Any Bidder may withdraw his bid prior to the opening of the bids through PlanetBids.

7. BONDS:

A. All bids shall be accompanied by an electronic copy (uploaded) of a cashier's or certified check in the amount of ten percent (10%) of the total maximum bid price payable without recourse to the City of La Mesa, or a Bid Bond in the same amount from a surety company authorized to issue surety bonds in the State of California ON THE FORM CONTAINED IN THE CONTRACT DOCUMENTS, as a guarantee that the Bidder will enter into a contract and execute a Performance and Payment Bond within ten (10) days after written notice of award of contract. The electronic copy will be uploaded to PlanetBids at time of bid submission. The hard copy with wet signatures will be required to be sent to the City by the apparent low bidder within two (2) business days following the bid opening.

B. Upon award of the contract, the successful Contractor shall furnish surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this contract and shall furnish a separate bond in an amount at least equal to one hundred percent (100%) of the contract price as security for payment of all persons performing labor and furnishing materials in connection with this contract. The aforesaid bonds shall be in the forms contained in the contract documents.

C. All surety bonding companies shall be admitted to do business in the

State of California, be authorized to transact surety insurance in the State of California, and must also have assets which exceed their liabilities in an amount equal to or in excess of the amount of the bond.

8. PAYMENT OF WITHHELD FUNDS: Contractors may substitute securities for monies withheld by public agencies in accordance with Sections 10262, 10263, and 10264 of the Public Contract Code, including AB 2105.

9. INTERPRETATIONS OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other contract documents, or finds discrepancies in or omissions from the Plans or Specifications, he may submit to the Owner a written request for an interpretation or correction thereof. All requests shall be submitted through Planet Bids in the Question and Answer tab. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of contract documents will be made only by Addendum, duly issued, and a copy of such Addendum will be posted in PlanetBids. Registered bidders will notified of the issuance of the addendum by PlanetBids email system. The Owner will not be responsible for any other explanation or interpretations of the contract documents. No oral interpretations of any provision in the contract documents will be binding upon the Owner.

10. BIDDERS INTERESTED IN MORE THAN ONE BID: No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or making a prime proposal.

11. AWARD OF CONTRACT: The award of the contract, if made by the Owner, will be made to the lowest, responsive and responsible, qualified Bidder as the Owner shall determine, based on the BASE BID SCHEDULE. The Owner shall determine whether a Bidder is qualified to perform the contract and what bid is the lowest and whether it is to the interest of the Owner to accept the bid. Award will be made only to the Contractor who is licensed under Chapter 9, Division 3 of the Business and Professions Code and to whom the contract documents have been issued. Classification of valid contractor's license which the Prime Contractor must have at the time of bid and contract award: A.

These plans and specifications are issued to the firm downloading them.

They are not transferable. A contract will be awarded only to a firm that downloaded the bid package from the City's official website, PlanetBids.

12. CONTRACT TIME: The Contractor shall begin work within fourteen (14) calendar days from the approved start date listed in the official notice to proceed and shall prosecute said work diligently to completion on or before the expiration of sixty (60) working days from the approved start date listed in said notice.

13. LIQUIDATED DAMAGES: In case all the work, conditions and requirements of the contract are not completed within the number of working days as set forth in these specifications, liquidated damages of one thousand dollars ($1,000.00) for each and every working day required in excess of the specified time shall be paid to the City of La Mesa.

The Contractor's attention is directed to Section 3-13, "Completion and Acceptance", and Section 6-9, "Liquidated Damages", of the Standard Specifications defining his responsibility with regard to completing the work within the time specified.

14. INSURANCE REQUIREMENTS FOR CONTRACTORS ON PUBLIC WORKS PROJECTS

BIDDERS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS

HIGHLY RECOMMENDED THAT BIDDERS CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS

OR BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF

INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF

AN APPARENTLY SUCCESSFUL BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE

REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.

ANY QUESTIONS REGARDING THE INSURANCE PROVISIONS OF THIS CONTRACT SHALL BE

DIRECTED TO THE PROJECT MANAGER (619) 667-1340.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. The insurance applies to the extent of, but not as a limitation to or in satisfaction of, the indemnity provisions.

Provisions of this Section are in addition to applicable provisions of the latest Standard Specifications (Greenbook Section 5-4) for Public Works Construction relating to Insurance.

A. MINIMUM SCOPE OF INSURANCE

1. Coverage shall be at least as broad as:

a) Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01).

CONTRACTOR TO INDICATE BASIS FOR COVERAGE "Occurrence" OR "Claims Made" ON BID FORM WHERE NOTED.

b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto".

c) Workers' Compensation insurance as required by the State of California and employer’s liability insurance.

2. Furthermore, coverage shall be provided for the following exposures:

a) Premise(s) Operations

b) Owner's and Contractor's Protective

c) Blanket Contractual

d) Products/Completed Operations

e) Personal Injury

f) Contractual Liability

g) Broad Form Property

h) Work Performed for Others

i) Acts of Independent Contractors

3. In the event coverage is provided on a "Claims Made" basis, CONTRACTOR shall provide an extended reporting period ("tail") of not less than five

(5) years after acceptance of this project by the CITY, as determined in Section 17 of the Special Conditions.

CONTRACTOR TO INCLUDE THE COST FOR THIS TYPE OF "TAIL" COVERAGE IN THE BID

PRICE.

4. CONTRACTOR shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder by the CONTRACTOR, his agents, representatives, employees, or subcontractors.

5. Additional provisions, if applicable, are identified in the Special

Conditions section.

6. CONTRACTOR shall name the following as the Certificate Holders:

City of La Mesa 8130 Allison Avenue La Mesa, CA 91942

B. MINIMUM LIMITS OF INSURANCE: Contractor shall maintain limits no less than:

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 (including death) and personal and advertising injury with limits 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 or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Limits as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Contractor’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the CITY.

Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects to the City, or any of their elected officials, officers, officials, employees, agents or volunteers, or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

C. OTHER INSURANCE PROVISIONS: The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, or any of their elected officials, officers, officials, employees, agents or volunteers, are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to the City, or any of their elected officials, officers, officials, employees, agents or volunteers.

The following endorsement shall be made a part of each of the insurance policies specified above:

"The City of La Mesa, or any of their elected officials, officers, officials, employees, agents or volunteers are hereby added as additional insureds."

2. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.

3. For any Excess Liability policy(ies), a sufficient endorsement shall be an identification on the Certificate of Insurance that the policy(ies) is (are) "following form."

4. For any claims related to this project, the CONTRACTOR'S policies of insurance shall be endorsed so CONTRACTOR’S insurance shall be primary insurance as respects to the City, or any of their elected officials, officers, officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, or any of their elected officials, officers, officials, employees, agents or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, or any of their elected officials, officers, officials, employees, agents or volunteers.

6. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

8. Umbrella or Excess Policies-The Contractor may use Umbrella or

Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true

“following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

9. Waiver of Subrogation – CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the 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 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 for all work performed by CONTRACTOR, its employees, agents and subcontractors.

D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A and with a financial class VII or higher and shall be on the List of Approved Surplus Line Insurers (LASLI), preapproved carriers who have met the standards as set forth in California Insurance Code Section 1765.2. The CONTRACTOR may propose alternatives to these requirements, subject to approval by the City Risk Manager. See Special Conditions for bid and contract specific requirements, if any.

E. VERIFICATION OF COVERAGE: CONTRACTOR shall provide the CITY with original certificates and amendatory endorsements, or copies of the applicable insurance language, affecting coverage required by this Section and any Special Conditions. The policies and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All insurance provisions are to be met and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’S obligation to provide them. Prior to receiving any payments pursuant to the agreement, CONTRACTOR shall cause verification of coverage to be filed with the CITY.

Certificates of Insurance shall not be accepted as substitutes for endorsements, as Certificates are required for information only. (CA Insurance Code Section 384.)

F. SUBCONTRACTORS: CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONTRACTOR shall ensure that the City, or any of their elected officials, officers, officials, employees, agents or volunteers are additional insured on insurance required from subcontractors.

G. CONTINUOUS COVERAGE: CONTRACTOR agrees that if CONTRACTOR does not keep such insurance in full force and effect, the CITY may take out the necessary insurance and pay the premium, and the CONTRACTOR shall repay the CITY immediately upon demand. Nothing herein serves to relieve the CONTRACTOR from obtaining and maintaining coverages as required by this Section.

15. BID PROTEST: Protests of Bid shall be received by the City no later than 4:00 p.m. on the third (3rd) working day following the Bid Opening. PROTESTS WILL NOT BE ACCEPTED AFTER THIS PERIOD.

Any such protest shall be submitted in writing. Protest documentation shall be submitted in an enclosed envelope with the project title, Bid No., and project manager’s name clearly shown on the envelope.

Protest documentation shall be in a letter format that clearly states the reason(s) for the protest, and shall include any supportive documentation that justifies the protest. ADDITIONAL INFORMATION WILL NOT BE ACCEPTED

AFTER THE PROTEST PERIOD.

16. COMPLIANCE TO STATE ASSEMBLY BILL 854 AND LABOR CODE SECTION 1771.1(A)

Contractors and subcontractors for a public works construction project shall comply with the requirements of SB 854 and Labor Code Section 1771.1(a). Failure to comply with this section will result in finding the bidder to be non-responsive.

Labor Code Section 1771.1(a) states:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

17. COMPLIANCE TO CALIFORNIA PUBLIC CONTRACT CODE § 9204. LEGISLATIVE FINDINGS

AND COMPLETE PAYMENT OF CONTRACTORS FOR PUBLIC WORKS PROJECTS; CLAIMS

PROCESS.

a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

c) For purposes of this section:

1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

ii. Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

iii. Payment of an amount that is disputed by the public entity.

2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

d) “Public entity” means, without limitation, a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

e) “Public entity” shall not include the following:

1) The Department of Water Resources as to any project under the jurisdiction of that department.

2) The Department of Transportation as to any project under the jurisdiction of that department.

3) The Department of Parks and Recreation as to any project under the jurisdiction of that department

4) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

5) The Military Department as to any project under the jurisdiction of that department.

6) The Department of General Services as to all other projects.

7) The High-Speed Rail Authority.

f) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

g) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

h) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

i) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section

20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.

j) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

k) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

l) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

m) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

n) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

o) This section applies to contracts entered into on or after

January 1, 2017.

p) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

RESOLUTION NO. 12195

RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF LA

MESA

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that an Affirmative Action Program for the City of La Mesa be adopted as follows:

SECTION 1. The La Mesa Affirmative Action Program shall require contractors who are awarded city contracts for construction, alteration, maintenance or demolition, when State law mandates advertising for bids, their subcontractors and suppliers, to take affirmative action to improve employment of racial and ethnic minorities in the construction industry.

In order to comply with this Resolution each contractor awarded a construction contract by the City of La Mesa shall agree to the following:

1.1 The Contractor will not willfully discriminate against any employee or applicant for employment because of sex, race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their sex, race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Affirmative Action Program.

1.2 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

1.3 The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the g authority or any other appropriate agency designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Resolution.

1.4 A finding of willful violation of this Affirmative Action Program shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, if any, and for refusing to establish, reestablish or renew a prequalification rating for the Contractor.

1.5 The Contractor agrees that should the awarding authority

determine that the Contractor has not complied with this, then pursuant to Labor Code Sections 1735 and 1775, the Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such noncompliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The awarding authority may deduct any such damages from any monies due the Contractor from the awarding authority.

1.6 a) Nothing contained in this Resolution shall be construed in any manner or fashion so as to prevent the awarding authority or the State of California from pursuing any other remedies that may be available at law.

b) Nothing contained in this Resolution shall be construed in any manner or fashion so as to require or permit the hiring of an employee not permitted by the National Labor Relations Act.

1.7 Prior to award of the contract, the Contractor shall certify to the awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:

a) The Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.

b) The Contractor shall provide evidence, as required by the awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause.

c) Personally, or through his representatives, the Contractor shall, through negotiations with the unions with whom he has agreements, attempt to develop an agreement which will:

1. Spell out responsibilities for non-discrimination in hiring, referral, upgrading and training.

2. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given an equal opportunity for employment.

d) The Contractor shall notify the contracting agency of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its prequalification.

1.8 The Contractor will include the provisions of the foregoing paragraphs 1 through 7 in every first tier subcontract, so that such provisions will be binding upon each subcontractor.

1.9 The Contractor, in executing the proposal, thereby certifies that he has or will meet the standards for affirmative compliance with the requirements contained in this Resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the

City of La Mesa, California, held the 13th day of February 1973, by the following vote, to wit:

AYES: Councilmen Uselton, Bailey, Jensen, Fordem, Helland

NOES: None

ABSENT: None

CERTIFICATE OF CITY CLERK

I, MARGARET M. REILLY, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 12195 , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

/s/MARGARET M. REILLY MARGARET M. REILLY, City Clerk

(SEAL OF CITY)

PHASE 6 SEWER PIPE LINING PROJECT

BID FORM

The City of La Mesa, California, acting by and through its City Council, herein called the Owner:

Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself with terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is to be done, and with the Plans and Specifications and other contract documents, hereby proposes and agrees to perform within the time stipulated, the contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection with:

Phase 6 Sewer Pipe Lining Project, Bid No. 27-01 in the City of La Mesa, County of San Diego, State of California, as shown on City of La Mesa Drawings No.

9358.01 through 9358.03 and 9358.16 through 9358.18, and according to specifications.

All in strict conformity with the Plans and Specifications and other contract documents, including Addenda Nos._______________________________________, on file at the office of the Director of Public Works/City Engineer and the City Clerk for the sum of, and according to, the following Bid Schedule:

The award of the contract, if made by the owner, will be made to the lowest, responsive and responsible, qualified bidder as the owner shall determine, based on the bid schedule as shown in the overall bid schedule as posted on PlanetBids.

The owner reserves the right to award the base bid only or any combination of additives/alternatives as presented in the bid.

BIDDER INFORMATION STATEMENT

Legal Name of Company

Date Established

Legal Status, i.e., corporation, partnership, sole proprietorship:

Officers/Owners of Company:

Name Title

Type of Company, i.e., Manufacturer, Distributor, Manufacturer's

Representative, Dealer, Contractor, Other

Number of Employees: Permanent - Full Time Part Time

Temporary - Full Time Part Time

City Business License No.

Company Bank Name

Branch

Address

Contact

The City of La Mesa reserves the right to perform a credit check on your firm to obtain information regarding your financial stability.

Is your firm currently engaged or involved in any litigation over the proprietary rights or patent rights for the equipment, parts or components, supplies or materials offered herein for sale to the City of La Mesa?

If yes, please attach explanation.

STATEMENT OF EXPERIENCE AND FINANCIAL CONDITION

IN SUPPORT OF BID

The bidder represents that the bidder has a demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the proposed contract in a manner that is satisfactory to the City. The bidder represents that the bidder’s financial resources, surety and insurance experience, construction experience, completion ability, personnel, current workload, and experience in dealing with private owners and public agencies all suggest that the bidder is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

In support of these representations, the bidder presents herewith lists of similar public works contracts accomplished that identify the governmental agency, Product and Installers for this project as described in these specifications, and such other documents that the bidder deems necessary to satisfy the bidder's bid obligation. The supporting documents are enclosed herewith.

Bidder shall submit with their bid documentation per Section 500-5.5.1 or 500-

5.13.1 identifying contractor’s experience with cured-in-place pipe lining of both sanitary sewer and storm drain pipes.

SIGNATURE OF CONTRACTOR

This document is signed by an individual clearly authorized to bind the contractor.

CONTRACTOR: _______________________________________________________

ADDRESS: _______________________________________________________

PHONE NUMBER: _______________________________________________________

BY: _______________________________________________________

Signature Date

Title

INSURANCE REQUIREMENT

REFER TO Section 14, "Insurance Requirements", of INFORMATION FOR BIDDERS.

Consult with broker or carrier and complete the following:

Indicate per Section 14, A, basis for coverage:

Occurrence , or

Claims Made, with five-year extended reporting period "tail" .

The Contractor by submitting this bid affirms that he/she has read and understands the "Insurance Requirements" as outlined in Section 14 of the Information for Bidders and Sections 17 and 18 of the Special Conditions.

Failure to provide this information with your bid response may be grounds for disqualification of your bid.

It is understood that the Owner reserves the right to reject this bid, and that this bid shall remain open and not be withdrawn for a period of ninety (90) days from the date prescribed for the opening of this bid.

The required bid security consisting of

Dollars ($ ) is hereto attached.

It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within ninety (90) days after the opening of the bid, or at any time thereafter before this bid is withdrawn, the undersigned agrees that he will execute and deliver to the Owner a contract in the form attached hereto in accordance with the bid as accepted, and that he will also furnish and deliver to the Owner, Performance Bond and Payment Bond, as specified, all within ten (10) days after receipt of notification of award, and that the work under the contract shall be commenced by the undersigned Bidder, if awarded the contract, on the date to be stated in the Owner's notice to proceed with the work.

The undersigned is licensed in accordance with an act providing for the registration of Contractor's License No. , Class , and license expiration date of .

The undersigned declares that he is familiar with the circumstances affecting the preparation and making of such bid and is properly qualified to make this bid and declaration; that such bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid,…