White Avenue Pavement Rehabilitation Project.pdf

TABLE OF CONTENTS

SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

WHITE AVENUE PAVEMENT REHABILITATION PROJECT

FEDERAL PROJECT NO. STPL-5149(025)

CITY OF LA VERNE

3660 “D” STREET

LA VERNE, CA 91750

(909) 596-8741

TIM HEPBURN, MAYOR

MESHAL KASHIFALGHITA, MAYOR PRO TEM

WENDY LAU, COUNCIL MEMBER

RICK CROSBY, COUNCIL MEMBER

STEVE JOHNSON, COUNCIL MEMBER

KEN DOMER, CITY MANAGER

DANNY WU, DIRECTOR OF PUBLIC WORKS

Sealed bids to be received only by submitting electronically at https://pbsystem.planetbids.com/portal/45040/portal-home for White Avenue Pavement Rehabilitation Project Federal Project No. STPL-5149(025) no later than Tuesday, September 15, 2026 at 10:00am.

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TABLE OF CONTENTS

PAGE

BIDDING REQUIREMENTS

Notice Inviting Bids ......................................................................................................... 1-3 Instructions to Bidders ..................................................................................................... 4-7 Proposal Proposal Form ................................................................................................................ 9-16 Designation of Subcontractors ..................................................................................... 17-18 Information Required of Bidder Questionnaire to General Contractors Bidder’s Bond Non-Collusion Declaration

CONTRACT DOCUMENTS

Agreement .................................................................................................................... 23-45 Faithful Performance Bond Labor and Material Bond Release Nondiscrimination Clause W-9 Form ..................................................................................................................... 50-55 Bidder's Violation of Law/Safety Questionnaire

GENERAL REQUIREMENTS

General Conditions ........................................................................................ GC-1 - GC-45 Technical Specifications and Description of Bid Items ................................... TP-1 - TP-16

FEDERAL REQUIREMENTS ...................................................................................... Appendix A

FEDERAL PREVAILING WAGE DETERMINATION ............................................. Appendix B

STANDARD PLANS .................................................................................................... Appendix C

RECEIPT OF PROPOSALS: Notice is hereby given sealed bids to be received only by submitting electronically at https://pbsystem.planetbids.com/portal/45040/portal-home for the White Avenue Pavement Rehabilitation Project Federal Project No. STPL-5149(025) after said bids will be electronically opened and available online. Bids received after this time will not be accepted:

DESCRIPTION OF WORK/SCOPE OF WORK: The work consists of furnishing all necessary materials, labor, tools & equipment for the improvements along White Avenue, including demolition, new sidewalk, new median, landscaping, curb & gutters, asphalt pavement and all other work necessary to complete the project.

COMPLETION OF WORK: The contract duration, including active construction and materials procurement, shall be forty-five (45) working days. Ordering of materials shall proceed within 10 days after the date set forth in the Notice to Proceed. Construction activities shall commence by November 2, 2026 and shall be completed within the allowable working days.

Contractor shall provide the City with a tentative construction start date and the City reserves the right to modify the construction start date at their discretion.

Bid must be submitted electronically for the exact item(s) requested in the bid specifications.

Copies of the plans, specifications, and contract documents are available free of charge at https://pbsystem.planetbids.com/portal/45040/portal-home

PLANS AND SPECIFICATIONS: Each proposal must conform and be responsive to all pertinent Contract Documents.

GUARANTEE: Each bid shall be made on the proposal form furnished by the City herewith and shall be in accordance with the plans, specifications and other contract documents and shall be accompanied by a certified check, cashier's check or bidders' bond, payable to the City in a sum not less than ten percent (10%) of the amount of the TOTAL BID, as a guarantee that the bidder will enter into the contract for the work, the full amount of such guarantee to be forfeited to the City should said bidder fail to enter into said contract. The successful bidder will be required to furnish a Faithful Performance Bond in the amount of not less than one hundred percent (100%) of the contract price, and a Labor and Material Bond in an amount of not less than one hundred percent (100%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California, and to be subject to the approval of the City Attorney.

CALIFORNIA LABOR CODE COMPLIANCE: Compliance with the prevailing rates of wages, apprenticeship employment standards, and Contractor registration program established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will be also required. No Contractor or Sub-Contractor may be listed on proposal

NOTICE INVITING BIDS (continued) unless they are registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5.

PREVAILING WAGE RATES: As required by the California Labor Code, Section 1773 et seq. and incorporated herein by reference, the general prevailing wage rate of per diem wages as determined by the Director of Industrial Relations of the State of California shall apply. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. The current prevailing wage rates as adopted by the Director are available at the office of the Board of Supervisors, Room 383, Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012.

PAYMENT: Payment will be made in cash to the Contractor in accordance with the specifications.

PAYMENT RETENTION: Partial payments based on a percentage of work completed may be approved by the AGENCY. Said payment shall be in the amount of the total value of work estimated by the City Engineer to the time of the estimate, less five percent (5%) of said estimated value retained as part security for fulfillment of the contract by the CONTRACTOR, and less all previous payments made and sums to be kept or retained under the provisions of the contract. Said estimate and payment will not be made when, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the contract or when, in his judgment, the total value of work since the last estimate amounts to less than three hundred dollars ($300.00).

DELIVERY AND OPENING OF PROPOSALS: Bids are to be submitted electronically online. Electronic Bid System will close exactly at the date and time set forth in the Notice Inviting Bids. All applicable forms required to be completed per the Bid Documents shall be submitted electronically prior to the Bid date and time. Hard copies will not be accepted. It is the Bidder’s sole responsibility to ensure that their bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

In addition to Planet Bids electronic bid opening, all proposals will be publicly read in front of the City Council Chambers of the La Verne City Hall on Tuesday, September 15, 2026 at 10:00 am.

Bids will be available at the date and time stated in the Notice Inviting Bids, each Bid will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

NOTICE INVITING BIDS (continued)

Pursuant to the provisions of Public Contracts Code Section 3300, an “A” license is required for the project. Any licensee who considers himself qualified may submit a letter to the Agency from the State Registrar of Contractors that the license held qualifies the bidder to perform the work described within the contract and specifications.

AGENCY’S RIGHTS RESERVED: The Agency reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City. No bidder may withdraw his bid for a period of 60 days after the bid opening.

All federal requirements listed in Appendices B and C shall be made a part of any contract awarded as a result of this Notice Inviting Bids. Bidder shall also submit the appropriate federal forms found in Appendix B with their bid proposal at time of bid.

1st Publication: _____________________ 2nd Publication: ____________________ Bid Date: September 15, 2026

Debra Fritz, CMC

Deputy City Clerk

ENGINEER’S ESTIMATE IS $1,450,00.00

INSTRUCTIONS TO BIDDERS (continued)

PROPOSAL: The Proposal shall be made on the forms furnished herewith. The completed Proposal shall be enclosed in a sealed envelope bearing the name of the bidder and name of the project. The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder’s sole responsibility to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened. The proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or his properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals.

Bids are to be submitted electronically online. Electronic Bid System will close exactly at the time set forth in the Notice Inviting Bids. All applicable forms required to be completed per the Bid Documents shall be submitted electronically prior to the Bid date and time. Hard copies will not be accepted as a viable bid. It is the Bidder’s sole responsibility to ensure that its bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

Bids will be available at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

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 using the bids online system at https://pbsystem.planetbids.com/portal/45040/portal-home “Questions and Answer” tab NO LATER THAN FIVE (5) days prior to the due date of the bids.

Any interpretation of the Contract Documents will be made only by addendum duly issued electronically to each person registered on the prospective bidder’s list. 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 and are the responsibility of the Contractor.

PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than ten (10%) percent of the total amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) calendar days after date of written notice of award and will furnish satisfactory Faithful Performance Bond and Labor and Material Bond, each of said bonds to be in the amount stated in the Notice Inviting Bids. In case of refusal or failure to enter into said contract, each check or bond, as the case may be, shall be forfeited to the Owner. If the bidder elects to furnish a Bid Bond as his proposal guarantee, he shall use the Bid Bond form herein, or one conforming substantially to it in form.

BIDDER’S EXAMINATION OF SITE: Before submitting a proposal, the bidder shall carefully examine the drawings, specifications, and other contract documents, and he shall visit the site of the work. It will be assumed that the bidder is familiar with existing site conditions and that he has a clear understanding of materials and performance of work.

COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as to recent date on the form entitled “INFORMATION REQUIRED OF BIDDER” bound herein. No proposal for work will be accepted from a Contractor who is not licensed in accordance with applicable state laws.

DISQUALIFICATION OF BIDDERS: More than one proposal form from an individual, firm, partnership, corporation, or association under the same or different names will not be considered.

Reasonable grounds for believing that any bidder interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants to such collusion will be considered for future proposals. No Contractor or Sub-Contractor may be listed on the proposal unless they are registered with the State DIR.

COMPLIANCE MONITORING AND ENFORCEMENT: In accordance with Section 1771 of the State Labor Code all Contractor and Sub-Contractors will be subjected to the Public Works Contractor Registration Program with the Department of Industrial Relations. No Bidder will be allowed to submit a proposal on this project unless they are registered with the DIR.

Registration can be completed by visiting https://efiling.dir.ca.gov/PWCR.

Contractors and Sub-Contractors will also need to submit Certified Payroll Reports through the DIR Monitoring system. Prime Contractors will need to register at:

https://apps.dir.ca.gov/ecpr/DAS/AltLogin.

RETURN OF PROPOSAL GUARANTEE: Within ten (10) days after award of the contract, the Owner will return all proposal guarantees, except bonds, to their respective bidder except those accompanying proposals submitted by the three lowest responsible bidders. Those three will be held until the contract has been finally executed after which they will be returned to the respective bidders whose proposal they accompany.

AWARD OF CONTRACT: Award of a contract, if it be awarded, will be made to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The owner reserves the right to reject any or all bids, to waive any informality in a bid and to make awards in the interest of the Owner. The award, if made, will be made within 30 days of the date for receipt of proposals.

EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the Owner on the form of agreement provided, and shall secure insurance required by the specifications within ten (10) calendar days after date of written notice of award. Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the Owner may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the Owner may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidders to execute the contract, such bidders' guarantee likewise shall be forfeited to the Owner. The work may then be re-advertised.

NON-DISCRIMINATION IN EMPLOYMENT: Contracts for work under this proposal will obligate the Contractors and subcontractors not to discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, military and veteran status,.

ADDENDA (Acknowledge Online): 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, email, 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 available on https://pbsystem.planetbids.com/portal/45040/portal-home. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should review all addenda at https://pbsystem.planetbids.com/portal/45040/portal-home website to verify that all Addenda issued have been received, if any, prior to the Bid opening.

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.

DELIVERY AND OPENING OF BIDS: Bids are to be submitted electronically online. Electronic Bid System will close exactly at the time set forth in the Notice Inviting Bids. All applicable forms required to be completed per the Bid Documents shall be submitted electronically prior to the Bid date and time. Hard copies will not be accepted as a viable bid. It is the Bidder’s sole responsibility to ensure that its bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

Bids results will be available at the date and time stated in the Notice Inviting 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.

WITHDRAWAL OF BID: Prior to the Bid submittal deadline, a Bid may be withdrawn by the Bidder only by using the City’s electronic bidding system at https://pbsystem.planetbids.com/portal/45040/portal-home

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 reflects 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.

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 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 submitting a Bid to the City. No person, firm, corporation, or other entity may submit sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

INSURANCE REQUIREMENTS: The successful Bidder shall procure the insurance in the form and in the amount specified in the General Conditions.

AWARD PROCESS: Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City will 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 letter 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.

QUESTIONS AND COMMENTS: Questions and comments regarding this solicitation must be submitted in writing, no later than five (5) days before the Submittal Deadline. Such submission, if any, must be sent using the bids online system at https://pbsystem.planetbids.com/portal/45040/portal-home “Questions and Answer” tab NO LATER THAN FIVE (5) days prior to the due date of the bids. Answers, if any, made by the City will be answered using the bids online system.

PROPOSAL

The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all work required under the Agency's Specifications entitled:

in accordance with the intent of said Specifications, Drawings and all Addenda issued by said City prior to opening of the proposals.

Said bidder agrees that, within 10 calendar days after date of written Notice of Award of the Contract by said Agency, he will execute a contract in the required form, of which the Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, Drawings and all Addenda issued by said City prior to the opening of proposals, are part, and will secure the required insurance and bonds; and that upon failure to do so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to said Agency as liquidated damages for such failure; provided, that if said bidder shall execute the contract and secure the required insurance within said time, his check, if furnished shall be returned to him within five (5) days thereafter, and the Bid Bond, if furnished, shall become void.

Said bidder further agrees to complete all work required under the contract within the time stipulated in said Specifications, and it accept in full payment therefore the price named in the Bidding Schedule.

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this contract.

Date____________________ ____________________________________

Bidder

Signature

Title

PROPOSAL FORM (continued)

The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all work required under the Agency's Specifications entitled:

in accordance with the intent of said Specifications, Drawings and all Addenda issued by said City prior to opening of the proposals.

Said bidder agrees that, within 10 calendar days after date of written Notice of Award of the Contract by said Agency, he will execute a contract in the required form, of which the Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, Drawings and all Addenda issued by said City prior to the opening of proposals, are part, and will secure the required insurance and bonds; and that upon failure to do so within said time, then the proposal guarantee furnished by said bidder shall be forfeited to said Agency as liquidated damages for such failure; provided, that if said bidder shall execute the contract and secure the required insurance within said time, his check, if furnished shall be returned to him within five (5) days thereafter, and the Bid Bond, if furnished, shall become void.

Said bidder further agrees to complete all work required under the contract within the time stipulated in said Specifications, and it accept in full payment therefore the price named in the Bidding Schedule.

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with such provisions before commencing the performance of the work of this contract.

Date:_______________ ____________________________________

Bidder:________________________

Signature:______________________

Title

TO THE CITY COUNCIL OF THE CITY OF LA VERNE, CALIFORNIA:

The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructions to bidders, and hereby proposes and agrees, if the proposal is accepted, to furnish all, materials and do all work required to complete the said work in accordance with the said Standard Specifications, Special Provisions, and Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:

BID SCHEDULE

Item No.

Estimated Quantity

Unit Description of Items

Written in Words Unit Price Total

1. 1 LS

Mobilization for the lump sum price of

(Words)

2. 1 LS

NPDES for the lump sum price of

3. 1 LS

Traffic Control for the lump sum price of

Estimated Quantity

Unit Description of Items

Written in Words Unit Price Total

4. 1 LS

Clearing and Grubbing for the lump sum price of

5. 200 CY

Unclassified excavation for the unit price of

6. 6 EA

Remove existing Tree for the unit price of

7. 245,000 SF

Cold Mill 1.25” existing pavement for the unit price of

8. 224,000 SF

Cold Mill 3” - 3.5” existing pavement for the unit price of

9. 2,900 TON

Construct 2.25” B PG 64-10 overlay for the unit price of

Estimated Quantity

Unit Description of Items

Written in Words Unit Price Total

10. 330 TON

Construct 1.25” ARHM overlay for the unit price of

11. 345 TON

Construct 3” HMA overlay for the unit price of

12. 1,400 SF

Remove and Construct Concrete Sidewalk per La Verne STD ST- 2 for the unit price of

13. 450 SF

Remove and Construct Concrete Driveway per La Verne STD ST-1 for the unit price of

14. 300 SF

Remove and Construct Concrete Alley Intersection per La Verne STD ST-8 for the unit price of

Estimated Quantity

Unit Description of Items

Written in Words Unit Price Total

15. 250 SF

Construct New 6” Concrete Curb per La Verne STD ST-6 for the unit price of

16. 3,150 SF

Construct Concrete Alleyway Gutter per La Verne STD ST-9 for the unit price of

17. 100 SF

Remove and Construct Gutter Spandrel per La Verne STD ST- 7 for the unit price of

18. 10 EA

Remove and Construct Concrete Curb Ramp per La Verne STD ST-3 for the unit price of

19. 280 SF

Construct Cobblestone Median for the unit price of

20. 11 EA

Adjust Manhole to Grade for the unit price of

Estimated Quantity

Unit Description of Items

Written in Words Unit Price Total

21. 1 EA

Adjust Pullbox for the unit price of

22. 18 EA

Adjust Water Valve to Grade for the unit price of

23. 79 LF

Remove and Construct Brick Wall in kind for the unit price of

24. 79 LF

Install Redwood Header Pavement Edge for the unit price of

25. 1 LS

Install Project Signing and Pavement Markers for the unit price of

26. 6 EA

Install new ADA Surface Applied Truncated Domes at Existing Curb Ramps for the unit price of

TOTAL BASE BID AMOUNT (ITEMS 1-24): $ _____________________________

TOTAL BASE BID AMOUNT (IN WORDS):

BIDDER’S SIGNATURE DATE BIDDER’S TITLE

That the Contractor specifically agrees to comply with the applicable parts of Section 1777.5 of the Labor Code relating to employment by contractor and subcontractor under him, of journeymen or apprentices or workers, in any apprentice and craft or trade.

Section 1-6.2, “Subcontract Listing” of the Standard Specifications for Public Works Construction shall be applicable.

Accompanying this proposal is _______________ (Insert “$______________________cash,” “cashier's check,” “certified check,” or “bidder's bond,” as the case may be) in the amount equal to at least ten percent (10%) of the total BASE bid.

The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of La Verne, and this proposal and the acceptance thereof may be considered null and void.

(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.)

BUSINESS ADDRESS

TELEPHONE NUMBER

DATED:________________________________,20__

SUBCONTRACTOR LIST

In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.

The Prime Contractor Shall perform at least 50% of the contract value in accordance with

Section 3-2 of the Standard Specifications for Public Works Construction (Green Book).

Name Under Which Sub-Contractor is

Licensed:

License Number

DIR

No.

Location of Business

Specific Description of Sub-Contract Work

% of the Work

If the bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.)

An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.

Dated Bidder

INFORMATION REQUIRED OF BIDDER

The bidder is required to supply the following information. Failure to provide this information under penalty of perjury renders the bid non-responsive and the bid will be rejected. Additional sheets may be attached if necessary. If requested by the Owner, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial condition.

1. Address____________________________________________________________________

2. Telephone__________________________________________________________________

3. Type of Firm: Individual ( ) Partnership ( ) Corporation ( )

4. Corporation organized under the laws of the State of________________________________

5. Contractor’s License: State License No._________________DIR No.____________

Expiration Date:_________________

6. Names and Titles of all officers of the firm:

7. Number of years experience in projects of this type _____________________

8. Three projects of this type recently completed:

Contract Type of Date Name, Address & Telephone Amount Project Completed of Owner

9. Person who inspected site of the proposed work for your firm:

_____________________________________ Date Inspected_____________________

If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Public Contract).

I swear under penalty of perjury that the information provided is true and correct.

Signature Title

QUESTIONNAIRE TO GENERAL CONTRACTORS

The Contractor shall be required to complete this form entitled, “Questionnaire to General Contractors.” The Owner will forward this form to the District Attorney for review.

1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid?

( ) YES ( ) NO

2. If the answer to No. 1 is “yes,” please attach a copy of rules of each bid depository you used.

3. Did you have any source of subcontractors’ bids other than bid depositories?

4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?

5. If the answer to No. 4 is “Yes,” please explain the following details:

(a) Date:

(b) Name of person or group:

(c) Job involved (if applicable)

(d) Nature of the threats: (use additional paper if needed)

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE, ______________________________

as principal, and _____________________________________ as surety, are held and firmly bound unto the City of La Verne in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $___________________.

THE CONDITION OF THIS OBLIGATION IS SUCH,

That whereas the principal has submitted the above mentioned bid to the City of La Verne for certain construction specifically described as follows, for which bids are to be opened at

WHITE AVENUE PAVEMENT REHABILITATION PROJECT FEDERAL PROJECT

NO. STPL-5149(025) in the City of La Verne.

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of La Verne, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____________ day of ______________________________, 20__.

______________________________(seal) ______________________________(seal) ______________________________(seal) ______________________________(seal)

PRINCIPAL

______________________________(seal) ______________________________(seal)

SURETY

______________________________(seal)

ADDRESS

NOTE: Signatures of those executing for the surety must be properly acknowledged.

NON-COLLUSION DECLARATION

(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)

The undersigned declares:

I am the _____________________ of _________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________ [city], __________________ [state].

AGREEMENT FOR CONSTRUCTION

BID NO. ____

CONTRACTOR’S NAME

This Agreement for Construction (“Agreement”) is entered into on this ______ day of _______________, 20____, by and between the CITY OF LA VERNE, a California municipal corporation (“City”) and [CONTRACTOR’S NAME, business entity type, mailing address], State Contractor’s License No. _____________, (“Contractor”). Hereinafter, the City and the Contractor may be referred to collectively as the “Parties.” The Parties mutually agree as follows: Contractor shall furnish all labor, equipment and materials for, and perform the work of WHITE AVENUE PAVEMENT REHABILITATION PROJECT FEDERAL PROJECT NO. STPL-5149(025) which is covered in the Contractor’s Bid Proposal (the “Work), in accordance with the provisions and requirements in the Contract Documents as defined by this Agreement.

ARTICLE 1 – CONTRACT DOCUMENTS

1.1 Definitions. The meanings of all capitalized terms used herein and in the Contract Documents and not otherwise defined in this document shall be the same as those definitions set forth in the General and Standard Specifications and Special Provisions.

1.2 Contract Documents. The “Contract Documents,” except for Modifications issued after execution of this Agreement, consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference, are intended to be correlative and constitute Contractor’s performance obligations:

a. This Agreement, as signed by the Parties, including the following exhibit, and Certificates of Insurance and Additional insured endorsements for Contractor:

Exhibit “A” – Workers Compensation Certification Exhibit “B” – Performance and Payment Bonds

Exhibit “C” – Claims Procedure

b. Addenda with later Addenda having priority over earlier Addenda issued in connection with the Notice Inviting Bids, as follows:

Addendum No. _______, issued __________________, 20____, _____pages.

c. Contractors Bid Proposal, for the above-referenced Bid No. ________ (comprised of Notice Inviting Bids, Instructions to Bidders and attachments, Bid Schedule of Prices, List of Subcontractors, Proposal, Signature Certification/Authorization, Bid Guaranty, and where applicable, Contractor Qualification Statement and/or Subcontractor Qualification Statement.

d. Special Provisions, General Specifications and Standard Specifications.

AGREEMENT

(CONTINUED)

Rev 2025

e. City and other agency’s Standard Drawings.

f. Permits from the City’s Building, Planning, and Public Works Departments and similar

Governmental Approvals for the Work required by applicable law.

g. Change Orders and other Modifications issued after execution of the Agreement.

h. All documents, maps, texts and items referred to in the foregoing documents.

1.3 Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedent shall control. The order of precedent shall be the same as that set forth in the Latest Edition of the Standard Specifications for Public Works Construction, unless otherwise revised in the Special Provisions.

1.4 Entire Agreement. This Agreement together with all other Contract Documents represents the entire and integrated agreement between City and Contractor and supersedes any prior written or oral agreements between them concerning the subject matter contained in the Contract Documents. There are no representations, agreements, arrangements or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in the Contract Documents, which are not fully expressed herein.

ARTICLE 2 - SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Contract Documents, which services may be referred to herein as the “Services” or “Work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, Contractor represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable accessibility requirements and warrants that all work performed under this agreement will comply with all applicable accessibility requirements.

2.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental having jurisdiction in effect at the time service is rendered, including but not limited to, all applicable accessibility requirements.

2.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all subcontractors' compliance with this Section 2.3.

2.4 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, including the requirement that the facilities being constructed must comply with all applicable accessibility requirements, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

2.5 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor’s work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor’s field. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re-performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

2.5.1 Contractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2.5.2 The City shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-performance of a task within the original time limitations is not feasible; and

2.5.3 The City shall have the option to direct Contractor not to re-perform any task which was not performed to the reasonable satisfaction of the City Manager pursuant to application of subsections 1 and 2 above. In the event the City directs Contractor not to re-perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City’s right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.6 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this Agreement.

2.8 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:

a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

b. City shall promptly investigate the…