Street Sweeping - Bid Documents.pdf

CITY OF COLTON

PUBLIC WORKS DEPARTMENT

160 S 10TH STREET, COLTON, CA 92324

CONTRACT DOCUMENTS & SPECIFICATIONS

FOR:

CITY WIDE STREET SWEEPING SERVICES

BID PUBLISHED: March 28, 2025

PRE-BID MEETING & JOB WALK: April 10, 2024 10:00 A.M.

160 S. 10th Street

Colton, CA 92324

BIDS MUST BE RECEIVED BY: April 22, 2025, 3:00 P.M.

PLACE OF BID RECEIPT: City Clerk Office

650 N. La Cadena Dr.

Colton, CA 92324

BID OPENING DATE: April 22, 2025, 3:00 P.M.

BID OPENING LOCATION: City Council Conference Room

650 N. La Cadena Dr.

Colton, CA 92324

PUBLIC WORKS DEPARTMENT

CALIFORNIA

CONTRACT DOCUMENTS & SPECIFICATIONS

FOR:

CITY WIDE STRET SWEEPING SERVICES

Prepared Under the Supervision of:

Victor Ortiz, P.E., Date

TABLE OF CONTENTS

Page No.

- i -

INSTRUCTIONS TO BIDDERS

BID FORM

BID SCHEDULE

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

BID BOND

DESIGNATION OF SUBCONTRACTORS

INFORMATION REQUIRED OF BIDDERS

NON-COLLUSION AFFIDAVIT

CONTRACT

PERFORMANCE BOND

PAYMENT BOND (LABOR AND MATERIALS)

GENERAL CONDITIONS

TECHNICAL PROVISIONS

GENERAL CONDITIONS TABLE OF CONTENTS

- ii -

GENERAL CONDITIONS

ARTICLE 1. DEFINITIONS ................................................................................................... iii ARTICLE 2. CONTRACT DOCUMENTS ............................................................................ iv ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE ........................ v

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS ................................................ v ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE ...................................... vi

ARTICLE 6. SCHEDULE ....................................................................................................... vi

ARTICLE 7. SUBSTITUTIONS ............................................................................................ vii ARTICLE 8. SHOP DRAWINGS ......................................................................................... viii ARTICLE 9. SUBMITTALS ................................................................................................ viii ARTICLE 10. MATERIALS ..................................................................................................... ix

ARTICLE 11. CONTRACTOR’S SUPERVISION .................................................................. ix ARTICLE 12. WORKERS ........................................................................................................ ix

ARTICLE 13. SUBCONTRACTORS ....................................................................................... x ARTICLE 14. PERMITS AND LICENSES .............................................................................. x ARTICLE 15. UTILITY USAGE .............................................................................................. x

ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES .................................... xi ARTICLE 17. TRENCHES ....................................................................................................... xi

ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS ............................. xii ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS ............................................... xii

ARTICLE 20. SANITARY FACILITIES ................................................................................ xii ARTICLE 21. AIR POLLUTION CONTROL ........................................................................ xii

ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT ......................... xiii ARTICLE 23. CLEANING UP ............................................................................................... xiii ARTICLE 24. LAYOUT AND FIELD ENGINEERING ....................................................... xiv

ARTICLE 25. EXCESSIVE NOISE ....................................................................................... xiv ARTICLE 26. TESTS AND INSPECTIONS.......................................................................... xiv ARTICLE 27. PROTECTION OF WORK AND PROPERTY ............................................... xv

ARTICLE 28. CONTRACTORS MEANS AND METHODS .............................................. xvii

ARTICLE 29. INSPECTOR’S FIELD OFFICE .................................................................... xvii

ARTICLE 30. AUTHORIZED REPRESENTATIVES ......................................................... xvii ARTICLE 31. HOURS OF WORK ........................................................................................ xvii ARTICLE 32. PAYROLL RECORDS .................................................................................. xviii ARTICLE 33. PREVAILING RATES OF WAGES............................................................... xix ARTICLE 34. EMPLOYMENT OF APPRENTICES ............................................................ xix

ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ........ xx ARTICLE 36. LABOR/EMPLOYMENT SAFETY ................................................................ xx ARTICLE 37. EMPLOYER’S LIABILITY INSURANCE ..................................................... xx ARTICLE 38. COMMERCIAL GENERAL LIABILITY INSURANCE .............................. xxi ARTICLE 39. AUTOMOBILE LIABILITY INSURANCE ................................................. xxii

ARTICLE 40. BUILDER’S RISK [“ALL RISK”] ................................................................ xxii ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE ............................ xxii

- iii -

ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES .................. xxiii ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES .............................. xxiv ARTICLE 44. MOBILIZATION ........................................................................................... xxv ARTICLE 45. PAYMENTS .................................................................................................. xxvi ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES ................................... xxvi

ARTICLE 47. CHANGES AND EXTRA WORK .............................................................. xxvii ARTICLE 48. OCCUPANCY ................................................................................................ xxx

ARTICLE 49. INDEMNIFICATION..................................................................................... xxx

ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS ........................................................ xxxi ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS ........................................ xxxi ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT ...................................... xxxiii ARTICLE 53. WARRANTY AND GUARANTEE ............................................................ xxxv

ARTICLE 54. DOCUMENT RETENTION & EXAMINATION ...................................... xxxvi ARTICLE 55. SOILS INVESTIGATIONS ........................................................................ xxxvi

ARTICLE 56. SEPARATE CONTRACTS ........................................................................ xxxvi ARTICLE 57. NOTICE AND SERVICE THEREOF........................................................ xxxvii ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS .................................................... xxxvii

ARTICLE 59. STATE LICENSE BOARD NOTICE. ....................................................... xxxvii ARTICLE 60. INTEGRATION ......................................................................................... xxxvii

ARTICLE 61. ASSIGNMENT ........................................................................................... xxxvii

ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL

ENTITY

………………………………………………………………………………....xx xviii ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS .......................................... xxxviii ARTICLE 64. PROHIBITED INTERESTS ...................................................................... xxxviii

ARTICLE 65. LAWS AND REGULATIONS.................................................................. xxxviii ARTICLE 66. PATENT FEES OR ROYALTIES. ............................................................. xxxix ARTICLE 67. OWNERSHIP OF DRAWING .................................................................... xxxix

ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST ............................... xxxix

NOTICE INVITING BIDS

CITY OF COLTON

NOTICE INVITING BIDS

Issue Date: March 28, 2025

The City of Colton, Public Works Department (“City”) will receive sealed bids for the CITY OF

COLTON CITY WIDE STREET SWEEPING SERVICES at the office of the CITY CLERK

(located at 650 North La Cadena Drive, Colton, California, 92324), no later than, April 22, 2025, at 3:00 P.M., at which time or thereafter said bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for 60 calendar days after the bid opening date.

Bids must be submitted on the City’s Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted in a sealed envelope which is plainly marked on the outside with the following: “ATTN.: SEALED

BID FOR CITY OF COLTON CITY WIDE STREET SWEEPING SERVICES. DO NOT

OPEN WITH REGULAR MAIL.

WORK: The Work consists of providing routine street sweeping services for the City of

Colton’s streets, curbs and medians. Street sweeping services must comply with city, state and federal law. Equipment provided must comply with state and federal regulations. Contractor shall use and furnish at their own expense all labor, equipment and materials necessary for the satisfactory performance of the street sweeping work including disposal of debris.

Bidders may obtain an electronic copy of the Contract Documents beginning March 28, 2025 on the City of Colton’s Bidnet Direct vendor portal website at: www.bidnetdirect.com//cityofcolton

All questions must be emailed to Chris Cruz, Project Manager at ccruz@coltonca.gov. Questions must be submitted by April 15, 2025. No questions will be accepted after this time.

Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the

City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

A non-mandatory Pre-Bid Conference will be held at the Corporate Yard Conference Room, 160

S. 10th Street, Colton, CA 92324 on the following date(s) and time(s): April 10, 2025 at 10:00

A.M. Prospective bidders may visit the Project Site without making arrangements through the

CITY OF COLTON CITY WIDE STREET SWEEPING SERVICES. Bids will be accepted from any bidder who did not attend the Pre-Bid Conference.

Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to

100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the http://www.bidnetdirect.com/cityofcolton mailto:ccruz@coltonca.gov

NOTICE INVITING BIDS

successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure

Section 995.120, and is admitted by the State of California.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Public Works Department of

City of Colton or online at http://www.dir.ca.gov/dlsr. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the

Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract.

Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

Award of Contract: The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

http://www.dir.ca.gov/dlsr

INSTRUCTIONS TO BIDDERS

CITY OF COLTON

DEPARTMENT OF PUBLIC WORKS

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the

Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost.

Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract

Documents are outlined in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required

Contract Documents if they decide to submit a bid for the Project.

2. EXAMINATION OF CONTRACT DOCUMENTS

The City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Such submission, if any, must be sent to the Capital Project Manager by emailing to ccruz@coltonca.gov.

Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents.

The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract

Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK

Each prospective bidder is responsible for fully acquainting itself with the conditions of the

Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and

Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code

Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The

City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract

Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces

(including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract

Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection.

Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

9. DESIGNATION OF SUBCONTRACTORS

Pursuant to State law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price or $10,000, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of

Subcontractor form.

10. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the

Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the

Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

11. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of

Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the

Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

12. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section

995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

13. SUBMISSION OF SEALED BIDS

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein. The envelope shall also contain the following in the lower left-hand corner thereof:

(Bidder’s Name)

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City’s designated methods for delivery.

DELIVERY AND OPENING OF BIDS

Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of

Bids. The City may in its sole discretion, elect to postpone the opening of the submitted Bids.

City reserves the right to reject any or all Bids and to waive any informality or irregularity in any

Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

14. WITHDRAWAL OF BID

Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.

15. BASIS OF AWARD; BALANCED BIDS

The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the

Work. The City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

17. INSURANCE REQUIREMENTS

The successful bidder shall procure the insurance in the form and in the amount specified in the

Contract Documents.

18. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible

Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and

Materials) Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that

Bidder.

19. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City’s City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific City staff determination or recommendation being protested;

D. Specify, in detail, the grounds of the protest and the facts supporting the protest;

and

E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid.

If the protest is valid, the City’s City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City

Engineer to the City Manager.

20. WORKERS COMPENSATION

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

21. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain ten percent (10%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section

22300.

22. PREVAILING WAGES

The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at

Public Works Department or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). If the

Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor

Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents

& Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that included herein, up until a minimum of ten (10) days prior to the actual Bid

Opening.

“A weekly certified payroll is required during the term of construction. Payment of invoice may be delayed when certified payrolls are not submitted weekly. The City shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payroll form WH 347 has been properly completed and submitted on a weekly basis for each week worked during the time period covered by said payment request.”

23. DEPARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the

City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

24. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND

REQUIREMENTS

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents.

Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee.

The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil

Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

25. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request provisions set forth in the

Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

26. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay

California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

27. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

BID FORM

NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposed

Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

The City intends to establish a contract for a period of one (1) year and four (4) renewable terms. For a total of five (5) years. Such extension(s) will be at the option of the City, subject to same terms, conditions, and agreement between the vendor and the City.

This is an all-inclusive, firm fixed price between the Contractor and the City of Colton for CITY

OF COLTON TREE TRIMMING MAINTENANCE SERVICES, as set forth in the Scope of

Work. Compensation is a firmed fixed price for the first awarded term. Thereafter, contract price will be increased based on the yearly CPI Increase per the State of California Department of Labor. The City and the contractor will have an option to renew the contract for an additional four (4) year terms.

Each Bidder shall be fully qualified by ability, knowledge and experience to satisfactorily perform the work required in these specifications, and shall be engaged in the business of providing street sweeping services by the use of its own trained and qualified employees and equipment, material, and supplies, except as specified in these specifications. The Contractor shall be fully licensed to perform the services required under this Contract. Bidder must present evidence indicative of its ability to finance, provide, and sustain the specified street sweeping services to the satisfaction of the City. Failure to include any of the following information as requested below may cause the bid to be deemed non-responsive if the City has no recent experience with Bidder.

Client References: Bidder shall furnish on a separate sheet of paper a list of three (3) current customers, including company name, street address, telephone number and contact person, for whom Bidder has provided similar services. Please state the total curb mile of street sweeping performed a month for each client reference.

Client Reference Recommendations: Bidder shall furnish approximately three (3) Letters of

Recommendation from current or previous municipality customers. The letter shall be on

Agency letterhead, including; types of services completed, time frame of agreement and level of service performed.

INSTRUCTIONS FOR BID SCHEDULE

Bidders shall fully complete the Bid Schedule and return it with their submittal. This Bid shall include all costs associate with all labor, equipment, materials, transportation, overhead, travel, profit, insurance, bond, sales and other taxes, licenses, incidentals, and all other related costs necessary to provide street sweeping services. All prices shall be quoted in US Dollars only.

BID FORM SCHEDULE

Contractor shall provide annual cost proposals for the work listed below. The City of Colton reserves the right to use any of the following options/combinations of the options and to change at any time during the course of the contract.

Downtown weekly

Arterials twice monthly

Residential and Commercial twice monthly

Medians twice monthly

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the

Project for the following TOTAL BID PRICE:

BASE

BID

BASE BID PRICE

(IN WRITTEN FORM)

BID PRICE

(IN NUMBERS)

TOTAL

BID PRICE

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID SCHEDULE

ITEM # DESCRIPTION QTY. UNIT U/COST AMOUNT

1 ALL STREETS 12 MONTHLY

Annual Total =

Total Annual Base Bid Price in Written Form

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The Contract duration shall commence on the date stated in the City’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to

Proceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration of

Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

1. Addenda No. __________thru _____________

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid

Price.

3. Attached is the fully executed Non-Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

7. Bidder acknowledges and understands that, pursuant to Public Contract Code Section

20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder

Signature

Name and Title

Dated

CONTRACTOR’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

CONTRACTOR’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

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

Name of Bidder

Signature

Name

Title

BID BOND

BID BOND

The makers of this bond are, _____________________________ ______________________________________________, as Principal, and _______________ ___________________________________________, as Surety and are held and firmly bound unto the City of Colton, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated ____________, 20 ____, CITY WIDE STREET SWEEPING

SERVICES.

If the Principal does not withdraw its bid within the time specified in the Contract

Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.

(Corporate Seal) Principal

By

(Corporate Seal) Surety

By

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

BID BOND

STATE OF CALIFORNIA )

) ss.

CITY OF ___________ )

On this ________ day of ___________________, in the year 20___, before me, ___________________________, a Notary Public in and for said state, personally appeared

_________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.

Notary Public in and for said State

(SEAL)

Commission expires: _______________

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

DESIGNATION OF SUBCONTRACTORS

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act of the

Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of the Work Subcontractor Location of Business % of the Work

DESIGNATION OF SUBCONTRACTORS

Portion of the Work Subcontractor Location of Business % of the Work

Name of Bidder

Signature

Name and Title

INFORMATION REQUIRED OF BIDDERS

A. INFORMATION ABOUT BIDDER

[**Indicate not applicable (“N/A”) where appropriate.**]

NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________

Facsimile Number Telephone Number

4.0 How many years has Bidder’s organization been in business as a Contractor?

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?:_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):

8.0 If other than a corporation or partnership, describe organization and name principals:

9.0 List other states in which Bidder’s organization is legally qualified to do business.

10.0 What type of work does the Bidder normally perform with its own forces?

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):

16.0 Name of Bonding Company and Name and Address of Agent:

B. LIST OF CURRENT PROJECTS (Backlog)

[**Duplicate Page if needed for listing additional current projects.**]

Project Description of

Bidder’s Work

Completion

Date

Cost of Bidder’s

Work

Contact Name &

Phone

C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS

[**Duplicate Page if needed for listing additional completed projects.**]

Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Description of

Bidder’s Work

Period of

Performance

Cost of Bidder’s

Work

Contact Name &

Phone

D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE

Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder’s Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION

These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder

Signature

Name

NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

I, , being first duly sworn, deposes and says that he is of ______________________ the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or…