APRON MARKINGS, SIGNAGE AND OBSTRUCTION REMOVALS

Transcription

1 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF APRON MARKINGS, SIGNAGE AND OBSTRUCTION REMOVALS BANNING MUNICIPAL AIRPORT CITY OF BANNING BANNING, CALIFORNIA FAA AIP PROJECT NO.: JUNE 2015 BID DOCUMENTS

2 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF APRON MARKINGS, SIGNAGE AND OBSTRUCTION REMOVALS BANNING MUNICIPAL AIRPORT CITY OF BANNING BANNING, CALIFORNIA FAA AIP PROJECT NO.: JUNE 2015 C&S ENGINEERS, INC Camino Del Rio North, Suite 1000 San Diego, CA Arnold L. White Jr. CA P.E. License No NO ALTERATION PERMITTED HEREIN EXCEPT AS PROVIDED UNDER CALIFNORIA STATE LAW. PROJECT NO. D

3 TABLE OF CONTENTS ADVERTISEMENT PROPOSAL ATTACHMENTS TO PROPOSAL Bidders Questionnaire and Statements, California Public Contract Code Section Non-Collusion Declaration, Title 23 United States Code Section 112 and California Public Contract Code Section 7106 Buy American Certification Resolution for Corporate Bidders Certifications: - Certification of Non-Segregated Facilities - Debarment & Suspension Certification Bidder s Statement of Previous Contracts Subject to EEO Clause as Described in Section Certification for Receipt of Addenda Statement of Surety s Intent List of Subcontractors and Professional Services Providers Disadvantaged Business Enterprise Requirements Safety Plan Compliance Document (SPCD) Certification CONTRACT FORM SPECIFICATIONS GENERAL PROVISIONS Section 10 - Definition of Terms Section 20 - Proposal Requirements and Conditions Advertisement (Notice to Bidders) Qualifications of bidders Contents of proposal form Issuance of proposal forms Interpretation of estimated proposal quantities Examination of plans, specifications and site Preparation of proposal Responsive and responsible bidder Irregular proposals Bid guarantee Delivery of proposal Withdrawal or revision of proposals Public opening of proposals Disqualification of bidders Section 30 - Award and Execution of Contract Consideration of proposals Award of contract Cancellation of award Return of proposal guarantee 2013 TOC-1

4 Requirements of contract bonds Execution of contract Approval of contract Failure to execute contract Section 40 - Scope of Work Intent of contract Alteration of work and quantities Omitted items Extra work Maintenance of traffic Removal of existing structures Rights in and use of materials found in the work Final cleaning up Section 50 - Control of Work Authority of the Engineer Conformity with plans and specifications Coordination of contract, plans and specifications Cooperation of Contractor Cooperation between contractors Construction layout and stakes Automatically controlled equipment Authority and duties of inspectors Inspection of the work Removal of unacceptable and unauthorized work Load restrictions Maintenance during construction Failure to maintain the work Partial acceptance Final acceptance Claims for adjustment and disputes Section 60 - Control of Materials Source of supply and quality requirements Samples, tests and cited specifications Certification of compliance Plant inspection Engineer s field office Storage of materials Unacceptable materials Owner furnished materials Section 70 - Legal Relations and Responsibility to Public Laws to be observed Permits, licenses and taxes Patented devices, materials and processes Restoration of surfaces disturbed by others Federal aid participation Sanitary, health and safety provisions Public convenience and safety Barricades, warning signs and hazard markings 2013 TOC-2

5 Use of explosives Protection and restoration of property and landscape Responsibility for damage claims Third party beneficiary clause Opening sections of the work to traffic Contractor s responsibility for work Contractor s responsibility for utility service and facilities of others Furnishing rights-of-way Personal liability of public officials No waiver of legal rights Environmental protection Archaeological and historical findings Section 80 - Prosecution and Progress Subletting of contract Notice to proceed Execution and progress Limitation of operations Operational safety on airport during construction Character of workers, methods and equipment Temporary suspension of the work Determination and extension of contract time Failure to complete on time Default and termination of contract Termination for national emergencies Work area, storage area and sequence of operations Attachment A to Section 80 Construction Safety and Phasing Plan (CSPP) Section 90 - Measurement and Payment Measurement of quantities Scope of payment Compensation for altered quantities Payment for omitted items Payment for extra work Partial payments Payment for materials on hand Payment of withheld funds Acceptance and final payment Construction warranty Project closeout Section 105 Mobilization Description Posted notices Basis of measurement and payment Section Special Provisions to the General Provisions Special Provisions to Section Special Provisions to Section Addenda and interpretation 2013 TOC-3

6 Special Provisions to Section Special Provisions to Section Special Provisions to Section Removal of water Sheeting and bracing Special Provisions to Section Shop and setting drawings and catalogue data Electrical shop drawings Substitute items Submittal procedure Special Provisions to Section Required contract provisions for airport improvement program and for obligated sponsors 1. Required Contract Provisions 2. Access to Records and Reports (Reference: 2 CFR , 2 CFR ) 3. Affirmative Action Requirement (Reference: 41 CFR part 60-4, Executive Order 11246) 4. Breach of Contract Terms (Reference 2 CFR 200 Appendix II(A)) 5. Buy American Preference (Reference: 49 USC 50101) 6. Civil Rights - General (Reference: 49 USC 47123) 7. Civil Rights Title VI Assurances 8. Clean Air and Water Pollution Control (Reference: 49 CFR 18.36(i)(12)). Note, when the DOT adopts 2 CFR 200, this reference will change to 2 CFR 200 Appendix II(G)) 9. Contract Workhours and Safety Standards Act Requirements (Reference: 2 CFR 200 Appendix II (E) 10. Copeland Anti-Kickback Act (Reference: 2 CFR 200 Appendix II(D), 29 CFR parts 3 & 5) 11. Davis-Bacon Requirements (Reference: 2 CFR 200 Appendix II(D)) 12. Debarment and Suspension (Non-Procurement) (Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order DOT Suspension & Debarment Procedures & Ineligibility) 13. Disadvantaged Business Enterprise (Reference: 49 CFR part 26) 14. Energy Conservation Requirements (Reference 2 CFR 200 Appendix II(H)) 15. Equal Opportunity Clause and Specifications (Reference 41 CFR , Executive Order 11246) 16. Federal Fair Labor Standards Act (Federal Minimum Wage) (Reference: 29 USC 201, et seq.) 17. Lobbying and Influencing Federal Employees (Reference: 49 CFR part 20, Appendix A) 18. Non-Segregated Facilities Requirement (Reference: 41 CFR ) 19. Occupational Safety and Health Act of 1970 (Reference 20 CFR part 1910) 20. Right to Inventions (Reference 2 CFR 200 Appendix II(F)) 21. Termination of Contract (Reference 2 CFR 200 Appendix II(B)) 22. Trade Restriction (Reference: 49 CFR part 30) 23. Texting When Driving (References: Executive Order 13513, and DOT Order ) 24. Veteran s Preference (Reference: 49 USC 47112(c)) Arizona Department of Transportation (ADOT) Requirements 2013 TOC-4

7 CALTRANS Standard Specifications (Section 7 Selections) for California State Contracts (Appendix A) California State Department of Industrial Relations (DIR) requirements Require workplace posters Contractor s DBE Plan DBE Letter of Intent Form Disadvantage Business Enterprise DBE Participation Summary Form Equal Employment Opportunity Poster Federal Wage Rates State Wage Rates Special Provisions to Section Special Provisions to Section Lien law Security for construction warranty Special Provisions to Section 100 (Section Not Used) Special Provisions to Section Special Provisions to Section 110 (Section Not Used) TECHNICAL SPECIFICATIONS Item Number Description Selective Demolition Exterior Lighting P-620 Runway and Taxiway Marking L-100 Apron Area Lighting L-109 Airport Electrical Building Equipment L-119 Airport Obstruction Lights L-125 Airport Lighting Systems L-128 Mechanical Gate Operators and Controls F-162 Chain-Link Fence M-100 Maintenance and Protection of Traffic M-200 Mobilization CONTRACT DRAWINGS END OF TABLE OF CONTENTS 2013 TOC-5

8 ADVERTISEMENT NOTICE TO BIDDERS FOR THE CONSTRUCTION OF APRON MARKINGS, SIGNAGE AND OBSTRUCTION REMOVALS AT THE BANNING MUNICIPAL AIRPORT BANNING, CALIFORNIA Sealed proposals for the construction of Apron Markings, Signage and Obstruction Removals Contract will be received at the City of Banning, 99 East Ramsey Street, Banning, CA 92220, until 1:00 PM local time, Wednesday, July 22nd, 2015 and there, at said office, at said time, publicly opened and read aloud. This proposed project will generally consist of the following elements: 1. The installation of three obstruction lights on existing light poles. 2. The removal of abandoned lights on the terminal building. 3. The removal of an abandoned telephone pole on airport property. 4. New shoulder markings along Taxiway A1, Taxiway B1, and the northern apron. 5. Replacement of six runway end lights. 6. Installation of signage on existing airport access gates. 7. Replacement of an existing gate key pad. 8. Troubleshooting and repair of an existing Precision Approach Path Indicator (PAPI). The Contract Documents (consisting of the Advertisement, the Proposal, the Contract Form, and the Specifications) and the Contract Drawings may be obtained by visiting the City website at or from the City of Banning located at 99 East Ramsey Street Banning, CA upon receipt of a non-refundable fee in the amount of seventy dollars ($70.00) per set (cash, charge, or check), payable to the City of Banning. The Contract Documents may be examined at no expense at the City of Banning located at 99 East Ramsey Street Banning, CA and the following plan room: - MHC/AGC-CA/ReproMax Alhambra Reprographics, 8755 Flower Road Suite A, Rancho Cucamonga, CA 91730, (626) A mandatory pre-bid meeting has been scheduled for 1:00 PM local time, Tuesday, July 14 th at the airport terminal building, 200 S. Hathaway Street, Banning, CA in order to review the project site and specific requirements of this contract. All prospective bidders MUST attend. For questions in regard to contents of the plans and specifications, please contact Arnie White, P.E., P.L.S. of C&S Engineers, Inc. in writing at awhite@cscos.com. All questions shall be submitted no later than July 16 th at 1:00 PM. Each proposal must be accompanied by a certified check or bid bond, in the amount of ten percent (10%) of the total maximum proposal price (combination of base bid plus additional add-on items) for the contract in the form and subject to the conditions provided in the Preparation of Proposal. The Owner reserves the right to waive any informality in the proposal, and to reject any and all proposals. END OF ADVERTISEMENT 05/04 ADV-1

9 PROPOSAL FOR CONSTRUCTION OF THE APRON MAKRINGS, SIGNAGE AND OBSTRUCTION REMOVALS AT BANNING MUNICIPAL AIRPORT BANNING, CALIFORNIA TO: CITY OF BANNING 99 East Ramsey Street Banning, CA The undersigned, as bidder, hereby declares that he/she has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done; that he/she has examined and read the Contract Documents and Contract Drawings for the work and all addenda relative thereto furnished prior to the opening of bids; that he/she has satisfied himself/herself relative to the work to be performed. The bidder understands that the advertisement, located in the front of these Contract Documents, contains the location and a description of the proposed construction, as well as indicates the place, date, and time of the proposal opening; information about a Pre-Bid conference, if scheduled, is contained in the advertisement; a listing of estimated quantities is located on the Contract Drawings; the time in which the work must be completed shall be in accordance with the subsection titled FAILURE TO COMPLETE ON TIME of Section 80. If the bidder considers that the time to complete the work is inadequate, they should not submit a bid. The bidder understands the quantities for bid items listed on the proposal sheets are estimated quantities only for the purpose of comparing bids; any difference between these estimated quantities and actual quantities required for construction shall not be taken as a basis for claims by the Contractor for extra compensation; compensation will be based upon the unit prices and actual construction quantities. The bidder understands that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the Contract shall be compensated for in the item which most logically includes it. The bidder understands that proposal guaranty shall be in the form of a bid bond or certified check in the amount of ten percent (10%) of this bid in accordance with the subsection titled BID GUARANTEE of Section 20; the proposal guaranty shall become the property of the Owner in the event the Contract and bond(s) are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. The bidder agrees that upon receipt of written notice of the acceptance of this proposal, bidder will execute the Contract attached within 15 days and deliver a Surety Bond or Bonds as required by the subsection titled REQUIREMENTS OF CONTRACT BONDS OF Section 30. The bidder further agrees to commence construction with an adequate work force, plant and equipment on the date stated in the written notice to proceed and will progress therewith to its completion within the time stated, and in accordance with this Contract and Specification PROPOSAL-1

10 ITEM LIST UNIT PRICE ITEM SPEC ITEM DESCRIPTION IN FIGURES TOTAL AMOUNT NO. NO. QUANTITY (PRICE WRITTEN IN WORD) DOLLARS CENTS DOLLARS CENTS REMOVAL OF APRON AND TERMINAL AREA LIGHTING LS UNITS AT EACH TERMINAL LIGHT FIXTURE AT TAXIWAY SHOULDER, HOLD BAR AND RUNWAY CHEVRON 3 P-620 7,000 SF PAINTING (YELLOW REFLECTORIZED) AT 4 P-620 1,600 SF PAINTING (BLACK) TAXIWAY SHOULDER, HOLD BAR AND RUNWAY CHEVRON AT 5 L EACH APRON AREA LIGHTING FIXTURES AT 6 L EACH DOUBLE AIRPORT OBSTRUCTION LIGHT AT 7 L EACH (RED) RETROREFLECTIVE SHOULDER DELINEATOR MARKER AT 8 L LS KEY PAD FOR GATE E-2 AT 9 F LS REPAIR CHAIN LINK FENCE AT PROPOSAL - 2

11 ITEM LIST UNIT PRICE ITEM SPEC ITEM DESCRIPTION IN FIGURES TOTAL AMOUNT NO. NO. QUANTITY (PRICE WRITTEN IN WORD) DOLLARS CENTS DOLLARS CENTS 10 F LS GATE, RUNWAY AND APRON SIGNAGE AT 11 M LS MAINTENANCE AND PROTECTION OF TRAFFIC AT 12 M LS MOBILIZATION AT (PRICE WRITTEN IN WORDS) PRICE IN FIGURES TOTAL BASE BID s PROPOSAL - 3

12 ITEM LIST UNIT PRICE ITEM SPEC ITEM DESCRIPTION IN FIGURES TOTAL AMOUNT NO. NO. QUANTITY (PRICE WRITTEN IN WORD) DOLLARS CENTS DOLLARS CENTS 1 L EACH MEDIUM INTENSITY R/W END LIGHT, BASE MOUNTED AT 2 M LS MOBILIZATION AT (PRICE WRITTEN IN WORDS) PRICE IN FIGURES TOTAL ALTERNATIVE NO. 1 s ITEM LIST UNIT PRICE ITEM SPEC ITEM DESCRIPTION IN FIGURES TOTAL AMOUNT NO. NO. QUANTITY (PRICE WRITTEN IN WORD) DOLLARS CENTS DOLLARS CENTS REPAIRS TO PRECISION APPROACH PATH INDICATOR 1 L LS (PAPI) SYSTEM AT 2 M LS MOBILIZATION AT (PRICE WRITTEN IN WORDS) PRICE IN FIGURES TOTAL ALTERNATIVE NO. 2 (PRICE WRITTEN IN WORDS) PRICE IN FIGURES TOTAL BASE BID AND ALL ALTERNATIVES PROPOSAL - 4

13 The bidder states that this proposal is based upon prevailing wages in County of Riverside and the State of California and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Contract Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the City of Banning (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Apron Markings, Signage and Obstruction Removals project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents, for the unit prices listed for each item. BIDDER, IF AN INDIVIDUAL: BY: (Printed Name) (Signature) COMPANY NAME: ADDRESS: PHONE NO: DATE: 2013 PROPOSAL-5

14 BIDDER, IF A PARTNERSHIP (GIVE NAMES AND ADDRESSES OF EACH PARTNER): BY: (Printed Name) (Signature) COMPANY NAME: ADDRESS: PHONE NO: DATE: PARTNER S NAME: BUSINESS ADDRESS: PARTNER S NAME: BUSINESS ADDRESS: PARTNER S NAME: BUSINESS ADDRESS: PARTNER S NAME: BUSINESS ADDRESS: 2013 PROPOSAL-6

15 BIDDER, IF A CORPORATION: BY: (Printed Name & Title) (Signature) CORPORATION NAME: ADDRESS: (SEAL) STATE OF CORPORATION CHARTER: PHONE NO: DATE: PRESIDENT S NAME: BUSINESS ADDRESS: SECRETARY S NAME: BUSINESS ADDRESS: TREASURER S NAME: BUSINESS ADDRESS: 2013 PROPOSAL-7

16 ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Bidders Questionnaire and Statements, California Public Contract Code Section Non-Collusion Declaration, Title 23 United States Code Section 112 and California Public Contract Code Section 7106 Buy American Certification Resolution for Corporate Bidders Certifications: - Certification of Non-Segregated Facilities - Debarment & Suspension Certification Bidder s Statement of Previous Contracts Subject to EEO Clause as Described in Section Certification for Receipt of Addenda Statement of Surety s Intent List of Subcontractors and Professional Services Providers Disadvantaged Business Enterprise Requirements Safety Plan Compliance Document (SPCD) Certification 2013 PROPOSAL-8

17 BIDDER S QUESTIONNAIRE AND STATEMENTS California Public Contract Code Section All prospective bidders, under penalty of perjury, shall complete the following questionnaire. Has such prospective bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? YES NO If so, explain the circumstances in the space below. A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation. California Public Contract Code Section In accordance with Public Contract Code Section 10232, the prospective bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the bidder within the immediately preceding two year period because of the bidder's failure to comply with an order of a federal court which orders the bidder to comply with an order of the National Labor Relations Board. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. California Public Contract Code Section In accordance with Public Contract Code Section (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder (has ) (has not ) been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. (This form must be completed and submitted with the Proposal.) 2013 PROPOSAL-9

18 NON-COLLUSION DECLARATION Title 23 United States Code Section 112 and California Public Contract Code Section 7106 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 noncollusion declaration, bidder questionnaires and statements, in accordance with California Public Contract Code Sections 7106, 10162, 10232, and , is true and correct and that this declaration is executed on [date], at [city], [state]. Affix Seal if Principal is Corporation STATE OF CALIFORNIA) SS: COUNTY OF ) BIDDER: BY: TITLE: On the day of, 20, before me personally came to me known, who, being by me duly sworn, did swear and affirm that he/she resides at ; that he/she is the of the Bidder herein and signs the foregoing non-collusion declaration, bidder questionnaires and statements, in accordance with California Public Contract Code Sections 7106, 10162, 10232, and on behalf of such Bidder; that he/she executed the foregoing California Public Contract Code requirements; and that, to the best of his knowledge and belief, the statement made in the foregoing declarations and are true. MY COMMISSION EXPIRES: NOTARY PUBLIC (This form must be completed and submitted with the Proposal.) 2013 PROPOSAL-10

19 RESOLUTION FOR CORPORATE BIDDERS RESOLVED, that (Name of Officer) to sign and submit the bid or proposal of this corporation for the following project: be authorized Apron Markings, Signage and Obstruction Removals and to include in such bid or proposal the certificate as to non-collusion as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by Directors held on the day of, 20. Corporation at a meeting of its Board of (Secretary) (Seal) (This form must be completed and submitted with the Proposal.) 2013 PROPOSAL-11

20 BUY AMERICAN CERTIFICATION The contractor agrees to comply with 49 USC 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart ; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. Type of Certification is based on Type of Project: There are two types of Buy American certifications. For projects for a facility, the Certificate of Compliance Based on Total Facility (Terminal or Building Project) must be submitted. For all other projects, the Certificate of Compliance Based on Equipment and Materials Used on the Project (Non-building construction projects such as runway or roadway construction; or equipment acquisition projects) must be submitted. * * * * * Certificate of Buy American Compliance for Total Facility (Buildings such as Terminal, SRE, ARFF, etc.) As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark ( ) or the letter X. Bidder or offeror hereby certifies that it will comply with 49 USC by: a) Only installing steel and manufactured products produced in the United States; or b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic products 3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 2013 PROPOSAL-12

21 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may results in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To furnish US domestic product for any waiver request that the FAA rejects. 5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver - The cost of components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the facility. The required documentation for a type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart ; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. c) Percentage of non-domestic component and subcomponent cost as compared to total facility component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.. Date Signature. Company Name Title 2013 PROPOSAL-13

22 * * * * * Certificate of Buy American Compliance for Manufactured Products (Non-building construction projects, equipment acquisition projects) As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark ( ) or the letter X. Bidder or offeror hereby certifies that it will comply with 49 USC by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the item. The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart ; products of unknown origin must be considered as non-domestic products in their entirety) 2013 PROPOSAL-14

23 b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total item component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.. Date Signature. Company Name Title (These forms must be completed and submitted with the Proposal.) 2013 PROPOSAL-15

24 CERTIFICATIONS BIDDER'S NAME: ADDRESS: TELEPHONE NO.: FAX NO. IRS EMPLOYER IDENTIFICATION NUMBER: NOTICE OF NONSEGREGATED FACILITIES REQUIREMENT Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federallyassisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers is prescribed in 18 U.S.C Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 3. The penalty for making false statements in offers is prescribed in 18 U.S.C * * * * * CERTIFICATION OF NON-SEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and 2013 PROPOSAL-16

25 housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. * * * * * CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) (Required for all contracts and subcontracts that exceed $25,000.) By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Contractor certifies that Contractor is not identified on a list created pursuant to subdivision (b) of Section 2203 of the Public Contract Code as a person engaging in investment activities in Iran described in subdivision (a) of Section of the Public Contract Code, or as a person described in subdivision (b) of Section of the Public Contract Code, as applicable. Such certification information shall be submitted to the Department of General Services by Owner. Such certification is not require if Contractor has been permitted to submit a bid or proposal to Owner pursuant to subdivision (c) or (d) of Section 2203 of the Public Contract Code. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a covered transaction, must verify each lower tier participant of a covered transaction under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. Printed Name & Title: Signature: Date: (This certification must be completed and submitted with the Proposal.) 2013 PROPOSAL-17

26 BIDDER'S STATEMENT OF PREVIOUS CONTRACTS SUBJECT TO EEO CLAUSE AS DESCRIBED IN SECTION The Bidder shall complete the following statement by checking the appropriate boxes. The Bidder has has not participated in a previous contract subject to the Equal Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, The Bidder has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the Bidder has participated in a previous contract subject to the Equal Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO-1", attached to this proposal. CERTIFICATION FOR RECEIPT OF ADDENDA Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ADDENDUM NO.: ADDENDUM NO.: DATED: DATED: DATED: (Firm or Corporation Making Bid) (Signature of Authorized Person) P.O. Address: Dated: (This form must be completed and submitted with the Proposal.) 2013 PROPOSAL-18

27 STATEMENT OF SURETY'S INTENT TO: City of Banning We have reviewed the bid of (Contractor) of (Address) for the Apron Markings, Signage and Obstruction Removals, project for which bids will be received on: (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or third parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of California. ATTEST: Surety's Authorized Signature(s) (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) ATTACH PROPOSAL GUARANTEE ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) 2013 PROPOSAL-19

28 LIST OF SUBCONTRACTORS AND PROFESSIONAL SERVICES PROVIDERS The bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113, inclusive, of the Public Contract Code of the State of California. All entities that will be providing work or services on this project must be included in this list. Name Subcontractor is licensed under: License Number: Address of Subcontractor: Percent (%) of Total Contract: Specific Description of Subcontract: Name Subcontractor is licensed under: License Number: Address of Subcontractor: Percent (%) of Total Contract: Specific Description of Subcontract: Name Subcontractor is licensed under: License Number: Address of Subcontractor: Percent (%) of Total Contract: Specific Description of Subcontract: Name Subcontractor is licensed under: License Number: Address of Subcontractor: Percent (%) of Total Contract: Specific Description of Subcontract: Name Subcontractor is licensed under: License Number: Address of Subcontractor: Percent (%) of Total Contract: Specific Description of Subcontract: (This form must be completed and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) 2013 PROPOSAL-20

29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) STATEMENT The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Sponsor to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all bidders, including those who qualify as a DBE. A DBE contract goal of 11 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Excerpts from 49 CFR Part 26 are included in Section Within 15 days after the opening of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit The Contractor s DBE Plan to the Owner. The Contractor s DBE Plan Form and DBE Letter Of Intent Form are located at the end of Section 70. The website for the Unified Certification Program directory in the state of California is: CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting or exceeding the DBE utilization goal stated above on this contract. The bidder, if unable to meet the DBE utilization goal stated above, is committed to a minimum of % DBE utilization on this contract, and will submit documentation demonstrating good faith efforts. (This form must be completed and submitted with the Proposal.) 2013 PROPOSAL-21

30 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD) CERTIFICATION Project Location: Project Name: Contractor's Official Name: Contact Person: Telephone: Street Address: City: State: Zip: Certification Statement: I certify that I have read the Construction Safety and Phasing Plan (CSPP) included in the Contract Documents and if awarded this Contract, I will abide by its requirements as written. I certify that I have read the Safety Plan Compliance Document (SCPD) included in the Contract Documents and if awarded this Contract, I will abide by its requirements as written; I certify that I will provide the information required in the SCPD prior to the start of construction work, if awarded this Contract, and that I will provide any additional information requested by the Owner. Printed Name of Signer Signature Title Date END OF PROPOSAL 2013 PROPOSAL-22

31 CONTRACT FORM (SAMPLE) THIS AGREEMENT is dated as of the day of in the year 2015 by and between the City of Banning, a California Municipal Corporation, having an address at 99 East Ramsey Street Banning, CA (hereinafter called Owner) and having an address at (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK Contractor shall perform, construct and complete all Work as specified and indicated in the Apron Markings, Signage and Obstruction Removals Contract. ARTICLE 2 - CONTRACT TIMES 2.1 Contract Time. The Work shall be substantially complete within the Contract Time as stated in General Provisions Section Failure to Complete on Time, and accepted in accordance with General Provisions Section Final Acceptance. In addition, intermediate stages or sequences of the Work shall be substantially completed and accepted as in accordance with General Provisions Section Damages for Delay in Completion. If the Work is uncompleted after the Contract Time, including all extensions and adjustments in accordance with General Provisions Section Determination and Extension of Contract Time, the sum stipulated in General Provisions Section Failure to Complete on Time will be deducted from any money due or to become due the Contractor or their surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the Contract Time provided in this Contract. ARTICLE 3 - CONTRACT PRICE 3.1 The Owner will pay Contractor for completion of the Work in accordance with the Contract for the Total in the amount of $, hereby identified as the Contract Price, as shown in the Contractor's Proposal, with discrepancies corrected in accordance with General Provisions Section Consideration of Proposals if applicable. 3.2 When unit bid price items are included in the Contract Price, the quantities of various units contained in the Proposal are estimated and payment to the Contractor will be made only for the actual quantities of units that are incorporated in the Work or materials furnished in accordance with the plans and specifications, as determined by the Engineer in accordance with General Provisions Section 90, Measurement and Payment. ARTICLE 4 - PAYMENT PROCEDURES 4.1 Partial Payments. Partial payments will be made at least once per month based on the Engineer s estimate in accordance with General Provisions Section 90, Measurement and Payment Contract Form-1