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3 TABLE OF CONTENTS NOTICE TO CONTRACTORS... 1 * PROPOSAL... 5 * BID SHEET... 7 * NON-COLLUSION AFFIDAVIT * BIDDERS BOND * DESIGNATION OF SUBCONTRACTORS * NONDISCRIMINATION CLAUSE CONTRACT FAITHFUL PERFORMANCE BOND PAYMENT (LABOR AND MATERIALS) BOND WARRANTY BOND CONTRACT CHANGE ORDER * ALL BOLD SECTIONS ABOVE MUST BE FILLED OUT, SIGNED, AND SUBMITTED WITH THE BID TO BE CONSIDERED A RESPONSIVE BID. SPECIAL PROVISIONS SECTION A - DESCRIPTION OF PROJECT Location... A-1 Description of Project... A-1 Contract Documents... A-1 Nondiscrimination Clause... A-2 SECTION B - GENERAL REQUIREMENTS Definitions and Terms... B-1 Proposal Requirements and Conditions... B-1 Award and Execution of Contract and Insurance Requirements... B-2 Scope of Work... B-7 Control of Work... B-7 Control of Materials... B-8 Page H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC i-3

4 Legal Relations and Responsibility... B-8 Measurement and Payments... B-9 Prosecution and Progress... B-10 Permit and Code... B-10 Apprenticeship Requirements... B-11 Subcontracting... B-12 Permits and Licenses... B-13 Statistical Testing... B-13 Highway Construction Equipment... B-13 Equipment Rental Rates... B-13 Sound Control Requirements... B-14 Hazardous Waste in Excavation... B-15 Referenced Specifications... B-15 Warranty Bond... B-15 SECTION C - WAGE AND EQUIPMENT RATES Prevailing Wage Rates... C-1 Payroll Record... C-1 Equipment Rental Rates... C-2 Extract of Public Works Contract Award... C-3 Department of Industrial Relations/Division of Apprenticeship Standards... C-4 SECTION D - GENERAL CONSTRUCTION DETAILS Scope of Work... D-1 Reference... D-1 Pre-construction Conference... D-1 Construction Schedule... D-1 Verifications of Conditions... D-2 Substitutions... D-2 Underground Utilities... D-2 Materials and Tests... D-2 City Furnished Materials... D-3 Sequence of Constructing to Maintain Traffic... D-3 Obstructions... D-3 Contractor's Responsibility... D-4 Construction Upon Private Property... D-4 Mobilization... D-4 Record Drawings... D-5 SECTION E - TECHNICAL SPECIFICATIONS General... E Basic Materials and Methods... E-15 H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC i-4

5 02084 Utility Structures... E Site Preparation... E Dewatering... E Excavation Support and Protection... E Earthwork... E Controlled Low Strength Material... E Trenching... E Filter Fabric... E A Asphaltic Concrete Paving... E Planting... E Hydroseeding... E Concrete Reinforcement... E Cast-in-place Concrete... E Grouts... E Coatings... E Basic Mechanical Materials and Method... E Basic Piping Materials and Method... E Valves... E Ball Valves... E Butterfly Valves... E Gate Valves... E Air and Vacuum Relief Valves... E Ductile Iron Piping... E C Steel Transmission Pipelines Diameter... E Piping System Testing... E Mechanical Equipment Testing... E Jack and Bore... E-153 APPENDIX A - STATE PREVAILING WAGE RATE... APP A-1 APPENDIX B - ENVIRONMENTAL DOCUMENTS... APP B-1 H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC i-5

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7 CITY OF VALLEJO DEPARTMENT OF PUBLIC WORKS WATER DIVISION NOTICE TO CONTRACTORS NOTICE IS HEREBY GIVEN THAT SEALED BIDS will be received at the office of the City Clerk, third (3rd) floor, City Hall, Vallejo, California, during the business hours of 8:30 AM through 5:00 PM, Monday through Friday, holidays excepted, until the hour of 11:00 a.m. on September 11, 2014, at which time they will be publicly opened and read in the City Council's Chamber of said City Hall for MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 City of Vallejo, County of Solano, California according to the drawings and specifications prepared by The work to be done includes: Approximately 4,520 lineal feet of pipeline replacement/installation activities will extend from Highway 12 to the Cordelia Reservoir Complex to the south. About 360 lineal feet of will be bored and jacked under Highway 12, Jameson Canyon Creek and the railroad via a 54-inch steel pipe casing. Staging of work will be required to accommodate construction activities while meeting water usage demands and allowing for system redundancy. From Jameson Canyon south, the 42-inch pipeline will be located within the City s easement, with the exception of the segment to be relocated down Red Top Road to facilitate crossing of Highway 80. A revised intertie with the existing intake pipeline to the City Reservoir will be constructed at the Cordelia Reservoir Complex. The pipeline replacement work will involve excavation along the pipeline alignment to expose and remove the existing 24-inch concrete cylinder pipe, installation of new 42-inch mortar lined and coated steel pipe, and staging of materials and equipment, pipeline appurtenances, trenching, backfilling, testing and tie-ins to existing pipeline. Operations will include removal of the top 6-9 inches of topsoil which will be segregated and placed near the trench for re-application to the trench alignment following installation of the new pipeline. The installation of butterfly valves, blow-offs, combination air/vacuum relief valves; including miscellaneous fittings, cathodic protection potential test stations, hydroseeding, paving, restoration of existing facilities and all other work and facilities necessary or incidental to construct the completed improvement as directed by the plans and specifications and as directed by the Asst. Public Works Director-Water. Bids are required for the entire work described herein. Pre-Bid conference to be held at H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 1

8 2:00 p.m. on September 2, 2014 in the Public Works Conference Room on the 4th Floor, City Hall, Vallejo, California. In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages applicable to the work to be done in accordance with the standards set forth in Section 1773 and which is filed in the office of the City Clerk. Minimum wage rates for this project are set forth in Section C of the Special Provisions. If there is a difference between the minimum wage rates predetermined by the Director of Industrial Relations for similar classifications of labor, the Contractor and his subcontractors shall not pay less than the higher wage rate. The successful bidder will be required to post a copy of the general prevailing rates per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein. The successful bidder shall also keep an accurate certified payroll record in accordance with requirement set forth in Section 1776 of the Labor Code of the State of California and Section C (Titled "Wage and Equipment Rates") of this specification. Each bidder submitting a bid for any portion of the work contemplated by the documents on which bidding is based, shall execute and attach thereto an affidavit substantially in the form herein provided to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any bid submitted. Before executing any subcontract, bidder shall submit the name of any proposed subcontractor in the form provided. The plans, specifications, contract documents and proposal forms may be obtained at the office of the Director of Public Works, City Hall, 4th Floor, 555 Santa Clara Street, Vallejo, California, with a charge of Fifty Dollars ($50.00), which is not refundable. No bid will be received unless it is made on a proposal form furnished by the Public Works Director. Each bidder must be accompanied by a cashier's check, certified check or Bidder's Bond made payable to the City of Vallejo in the amount of 10% of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. The bid bonds for the three acceptable lowest bidders shall be retained until the City Council has accepted the successful bidder. All other Bidder's Bonds shall be returned to the bidder five (5) working days after bid opening. The bidder whose proposal is accepted shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the contract documents. Attention is directed to the General Requirements, Section B, of the specifications for compliance with the insurance requirements. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Attention is directed to the General Requirements, Section B, of the specifications for compliance with the employment of apprentices by the Contractor or any subcontractor under him/her. As a condition precedent to the completion of this contract, the Contractor shall H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 2

9 furnish in triplicate a Warranty Bond from a surety company authorized to do business in the State of California acceptable to the City in an amount of ten percent (10%) of the total contract price plus change orders, to hold good for a period of one year after the completion and acceptance of the work, to protect the City against the results of defective materials, quality of work, and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. Time of completion of the work is 170 calendar days from the date of issuance of the Notice to Proceed work by the City. The City of Vallejo reserves the right to reject any or all bids or portions thereof, to accept a bid or portion thereof and to waive any informality. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code, Section 7000 et seq., known as the Contractors License Law. The license classification required for this project is A. DAWN G. ABRAHAMSON City Clerk Dated: August 21, 2014 H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 3

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11 CITY OF VALLEJO DEPARTMENT OF PUBLIC WORKS WATER DIVISION PROPOSAL FORM FOR THE MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 TO: The Honorable Mayor and City Council City of Vallejo Vallejo, California Name of Bidder: Business Address: Place of Residence: Any person or entity submitting a bid on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code. A bid submitted to the City by a contractor who is not licensed as set forth above shall be considered non-responsive and shall be rejected by the City. Before awarding the contract for this project, the City must verify that the contractor was properly licensed when the contractor submitted his/her bid on this project. In order for the City to verify the license status of a contractor, the contractor, at the time he submits his/her bid for the project, shall provide in writing to the City his/her contractor's license number, name on the license, classification, and expiration date of the license. In all contracts where federal funds are involved, no bid submitted to the City shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. Contractor's License No. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 5

12 Expiration Date: Contractor's Classification: Name on Contractor's License: Phone: Fax: City of Vallejo Business License Number: Contractors' Signature: Date: The work to be done consists of: Approximately 4,520 lineal feet of pipeline replacement/installation activities will extend from Highway 12 to the Cordelia Reservoir Complex to the south. About 360 lineal feet of will be bored and jacked under Highway 12, Jameson Canyon Creek and the railroad via a 54-inch steel pipe casing. Staging of work will be required to accommodate construction activities while meeting water usage demands and allowing for system redundancy. From Jameson Canyon south, the 42-inch pipeline will be located within the City s easement, with the exception of the segment to be relocated down Red Top Road to facilitate crossing of Highway 80. A revised inter-tie with the existing intake pipeline to the City Reservoir will be constructed at the Cordelia Reservoir Complex. The pipeline replacement work will involve excavation along the pipeline alignment to expose and remove the existing 24-inch concrete cylinder pipe, installation of the new 42-inch mortar lined and coated steel pipe, and staging of materials and equipment, pipeline appurtenances, trenching, backfilling, testing and tieins to existing pipeline. Operations will include removal of the top 6-9 inches of topsoil which will be segregated and placed near the trench for re-application to the trench alignment following installation of the new pipeline. The installation of butterfly valves, blow-offs, combination air/vacuum relief valves; including miscellaneous fittings, hydro seeding, paving, and all other work and facilities necessary or incidental to construct the completed improvement as directed by the plans and specifications and as directed by the Asst. Public Works Director-Water. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he/she proposes and agrees if this proposal is accepted, that he/she will contract with the City of Vallejo, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefore the following item prices, to wit; (see following page for Bid Sheet) H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 6

13 Bid Sheet for the Monticello Pipeline Replacement Project (Phase 2) WT7079 NOTE: The quantities following are approximate only and will be used as a basis for the comparison of bids. An (s) listed after a Bid Schedule description item, if any, indicates items that are considered "specialty items" as defined in Section 8 of the Caltrans Standard Specifications: Payment for the various items of work shall include full compensation for the furnishing of all overhead, labor, material, tools, equipment, and appurtenances necessary to complete the work as indicated on the plans and as specified. Each item shall be complete with all necessary connections and appurtenances for the satisfactory use and operation of said item. All connections, testing, cleanup, and related work must be completed to provide a complete operable system. No additional payment will be made for work related to each item unless specifically noted or specified. Measurement will be for in-place completed completed work with no allowance for waste. Item Unit Total No. Qty. Unit Description and Unit Price Written in Words Price Amount 1 1 LS Mobilization and Demobilization Lump Sum Price (written in words) 2 1 LS Traffic Control $ $ Includes preparation and updating of the plans, installation of traffic markers, delineators, signs, signals, notices, night time traffic control devices and the use of flag persons to $ $ maintain a safe working environment for construction equipment & personnel, pedestrians, vehicular traffic, and the general public and all relevant miscellaneous work. 3 1 LS Lump Sum Price (written in words) Storm Water Pollution Prevention Plan (SWPPP); Erosion Control Plan; and Hydroseeding Includes but not limited to, preparation and updating of the storm water pollution prevention plan (Risk Level 2); prepare and implement the erosion control plan; and hydroseeding; including all labor, materials, tools, equipment, and incidentals and for doing all work involved in preparing, obtaining approval of, implementing, and amending the SWPPP and erosion control plan and for hydroseeding. $ $ Lump Sum Price (written in words) 4 1 LS Furnish and Install Shoring and Sheeting Includes design, installation, and all shoring and sheeting as required and any relevant miscellaneous work. $ $ Lump Sum Price (written in words) 7

14 Bid Sheet for the Monticello Pipeline Replacement Project (Phase 2) WT7079 Item Unit Total No. Qty. Unit Description and Unit Price Written in Words Price Amount LF Jack & Bore 54" Steel Pipe Casing Includes but not limited to, all potholing, the installation of 54" steel casing pipe by the method of boring and jacking; boring and jacking pits and equipment, sheeting, steel casing pipe, casing spacers, end caps, coatings, miscellaneous appurtenances to complete the jack and bore. $ $ 6 3,850 LF Unit Price per Linear Foot (written in words) Install 42" Class 280 Mortar Lined and Coated Steel Cylinder Pipeline Includes but not limited to, all potholing, excavation, bedding, backfill, installation of pipe, welding of joints and joint coating, installation of 2-2" Schedule 40 PVC electrical conduits with B- 17 boxes installed every 300 feet, pipe fittings, manways, connections to existing pipeline, furnishing and installing stainless steel bolts, nuts, and gaskets, plugging of existing pipe, providing video of inside of pipe, testing, restore existing facilities, and relevant miscellaneous work. $ $ LF Unit Price per Linear Foot (written in words) Install 42" Class 150 Mortar Lined and Coated Steel Cylinder Pipeline Includes but not limited to, all potholing, excavation, bedding, backfill, installation of pipe, welding of joints and joint coating, installation of 2-2" Schedule 40 PVC electrical conduits with B- 17 boxes installed every 300 feet, pipe fittings, manways, connections to existing pipeline, furnishing and installing stainless steel bolts, nuts, and gaskets, plugging of existing pipe, providing video of inside of pipe, testing, restore existing facilities, and relevant miscellaneous work. $ $ Unit Price per Linear Foot (written in words) 8 1 EA Install 24" Class 150 Butterfly Valve Assembly Includes but not limited to, butterfly valve and hardware installation, valve box, valve cover, valve key extension, excavation, and backfilling, and relevant miscellaneous work. $ $ Unit Price per Each (written in words) 9 2 EA Install 30" Class 150 Butterfly Valve Assembly Includes but not limited to, butterfly valve and hardware installation, valve box, valve cover, valve key extension, excavation, and backfilling, and relevant miscellaneous work. $ $ Unit Price per Each (written in words) 8

15 Bid Sheet for the Monticello Pipeline Replacement Project (Phase 2) WT7079 Item Unit Total No. Qty. Unit Description and Unit Price Written in Words Price Amount 10 4 EA Install 42" Class 150 Butterfly Valve Assembly Includes but not limited to, butterfly valve and hardware installation, valve box, valve cover, valve key extension, excavation, and backfilling, and relevant miscellaneous work. $ $ Unit Price per Each (written in words) 11 1 EA Install 30" Class 250 Butterfly Valve Assembly Includes but not limited to, butterfly valve and hardware installation, valve box, valve cover, valve key extension, excavation, and backfilling, and relevant miscellaneous work. $ $ Unit Price per Each (written in words) 12 4 EA Install 42" Class 250 Butterfly Valve Assembly Includes but not limited to, butterfly valve and hardware installation, valve box, valve cover, valve key extension, excavation, and backfilling, and relevant miscellaneous work. $ $ Unit Price per Each (written in words) 13 6 EA Furnish and Install 6" Blow Off Assembly Installation of 6-inch blow-off assembly as indicated in the contract documents, backfilling, compaction, and relevant miscellaneous work. $ $ 14 8 EA Unit Price per Each (written in words) Furnish and Install 4" Combination Air Release & Air Vacuum Valve Includes installation of 4 inch Combination Air/Vacuum Release Valve assembly per contract drawings, backfilling, compaction, and all other relevant miscellaneous work. $ $ Unit Price per Each (written in words) 9

16 Bid Sheet for the Monticello Pipeline Replacement Project (Phase 2) WT7079 Item Unit Total No. Qty. Unit Description and Unit Price Written in Words Price Amount LF Concrete Encasement of 42" Mortar Lined and Coated Steel Pipeline Includes but not limited to, furnishing all labor and material including rebar to complete the work and relevant miscellaneous work. $ $ Unit Price per Linear Foot (written in words) 16 1 LS Install Temporary Driveway with Concrete K-Rail Barrier Includes but not limited to, furnishing and providing all labor, equipment and materials to remove and install a temporary gravel driveway, install Type K concrete barrier and restore the existing driveway and all miscellaneous relevant work. $ $ Lump Sum Price (written in words) 17 6 EA Furnish and Install Potential Test Station Includes but not limited to, test cables, test board, terminal box, service box and all accessories, incidentals and relevant miscellaneous work. $ $ Unit Price per Each (written in words) EA Concrete Marker Post Includes but not limited to, furnishing and providing all labor, equipment and materials to complete and install the concrete marker post at the locations highlighted in the plans, and any incidentals and relevant miscellaneous work. $ $ Unit Price per Each (written in words) 19 1,350 SF Grouted Rock Slope Protection Includes but not limited to, furnishing all labor and material to remove and replace the existing cobble concrete rock slope protection and complete the work and relevant miscellaneous work. $ $ Unit Price per Suare Foot (written in words) TOTAL $ Base Bid Total Dollars (Written in Words) 10

17 NOTES: 1) The estimated quantities are for bidding purposes only. 2) Payment for linear foot items will be based on actual measurements after installation. 3) Bid unit prices may be used by the City for award of additional work that may be added should additional funds become available during the term of the project. Such additional work shall be executed through Contract Change Order(s) mutually agreed upon by the City and the Contractor at the unit prices bid. No additional work, however, is guaranteed. The contract shall be awarded to the contractor submitting the lowest responsible bid. In case of discrepancy between the written prices and the numerical prices, the written prices shall prevail. In case of discrepancy between the unit prices and the total amount, the unit prices shall prevail, except as provided in (a) or (b), as follows: (a) (b) If the amount set forth as a Unit Price for a said item is not readable or otherwise not clear, or is omitted, or is the same amount as the entry in the Total Amount column, then the amount set forth in the Total Amount column for the line item shall prevail and shall be divided by the Estimated Quantity for the said item and the price thus obtained shall be the Unit Price amount. (Decimal Errors) If the total of the entered Unit Price multiplied by the given Estimated Quantity is exactly off by a decimal factor (i.e. ten, one hundred, etc. or, one-tenth, one-hundredth, etc.) from the entered Total Amount, the discrepancy will be resolved by using the entered Unit Price or entered Total Amount, whichever most closely approximates (by percentage) the Unit Price or Total Amount in the City -Engineer's Cost Estimate. The City of Vallejo desires wherever possible to hire qualified City of Vallejo residents to work on City projects. Contractors, subcontractors, consultants, and developers will, wherever possible, solicit proposals from qualified local firms and will, wherever possible, employ qualified local residents to work on City projects. If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the City Council, within eight days, not including Sundays and legal holidays, after the bidder has received notice from the City Water Superintendent and the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same become and be the property of the City of Vallejo. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 11

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19 NON-COLLUSION AFFIDAVIT FOR CONTRACTOR OR SUBCONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF ) declares and says: 1. That he/she is the (owner, partner, representative, or agent) of (hereinafter referred to as (contractor) or (subcontractor)) 2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Vallejo, State of California. 3. That his/her proposal is genuine and is not collusive or a sham proposal. 4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiant, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Vallejo or any person interested in the proposed contract; and, 5. That the price or prices quoted in the proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, owners, representatives, employees, or parties in interest, including this affiant. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Dated this day of, 20, at, California. Signed: Title: License Number and Classification: Expiration Date: H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 13

20 ACCOMPANYING THIS PROPOSAL is (in an amount of Ten Percent (10%) of the Total Bid) NOTICE: Insert the words CASH ($ ), CASHIER'S CHECK, BIDDER'S BOND, or MONEY ORDER, as the case may be. THE NAMES OF ALL PERSONS INTERESTED IN THE FOREGOING PROPOSAL AS PRINCIPALS ARE AS FOLLOWS: (IMPORTANT NOTICE) IF THE BIDDER OR OTHER INTERESTED PERSON is a corporation, state legal name of corporation and state where incorporated, also names of the President, Secretary, Treasurer, and Manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last names in full. LICENSED IN ACCORDANCE WITH THE CONTRACTORS' LICENSE LAW OF THE STATE OF CALIFORNIA (BUSINESS AND PROFESSIONS CODE, DIVISION 3, CHAPTER 9, SECTION 7000 et seq.) PROVIDING FOR THE REGISTRATION OF CONTRACTORS, License No. Sign Here: Dated: (Printed or typed name of Bidder) Business Address Phone Place of Residence Phone NOTE: If the bidder is a corporation or a co-partnership, the legal name of the firm shall be set forth above, together with the signature of the officer or partner authorized to sign contracts for the firm. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 14

21 CITY OF VALLEJO DEPARTMENT OF PUBLIC WORKS WATER DIVISION BIDDER'S BOND KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT we,, as Principal, and, as Surety, are held and firmly bound unto the City of Vallejo, hereinafter called CITY, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Vallejo, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, administrators, and executors and successors, 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 Vallejo, for certain construction specifically described as follows, for which bids are to be opened at Vallejo, California, for the MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 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/her 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 Vallejo, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgement 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. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 15

22 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of, 20. Principal Surety Address NOTES: (1) Signature of those executing for the Surety must be properly acknowledged. (2) The bid bonds for the three acceptable lowest bidders shall be retained until the City Council has accepted the successful bidder. All other bid bonds shall be returned to the bidder five (5) working days after bid opening. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 16

23 DESIGNATION OF SUBCONTRACTORS The following are the names and business addresses of all subcontractors who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the total bid or ten thousand ($10,000) whichever is greater, together with a statement of the portion of the work to be done by each subcontractor. The Bidder is reminded that the "Bidder - DBE Information" form, in addition to this the "Designation of Subcontractors" is to be completed and submitted as directed. % OF TOTAL CONSTRUCTION COST OR DOLLAR NAME LOCATION OF BUSINESS TYPE OF WORK AMOUNT OF WORK NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections of the California Public Contract Code. If this form is incomplete or inaccurate, your bid may be rejected. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 17

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25 CITY OF VALLEJO DEPARTMENT OF PUBLIC WORKS WATER DIVISION NONDISCRIMINATION CLAUSE Vallejo Municipal Code Section Contract; Nondiscrimination clause required. Contractor agrees to observe the provisions of Section 4 of Ordinance No. 36 N.C.(2d) of the City of Vallejo obligating every contractor or subcontractor under a contract or subcontract to the City of Vallejo for public works or for goods or services to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor. Said Section 4 is, by this reference, made a part of this contract. (Ord. 36 N.C. (2d), Section 3, 1971) Vallejo Municipal Code Section Contents of contracts. Every contract or subcontract of the City of Vallejo for public works, or for goods or services shall contain the following provisions: "In the performance of this contract, contractor agrees as follows: (a) That the contractor shall not because of the race, religious creed, color, sex, national origin, or ancestry of any person, refuse to hire or employ him, or to bar or discharge him from employment, or to discriminate against him in compensation, or in the terms, conditions, or privileges of employment and that contractor will take affirmative action to insure that every applicant for employment and every employee shall receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions, or other privileges of employment without regard to his race, religious creed, color, sex, national origin, or ancestry. (b) That the contractor shall post in conspicuous places where they may be seen by every employee or applicant for employment notices, in such form as shall be prescribed by the City Manager, setting forth the provisions of Section 4 of this Ordinance. (c) That the contractor shall in all solicitations or advertisements for employment applications include in such solicitation or advertisement language which will reasonably convey notice that every qualified applicant will receive consideration for employment without regard to his race religious creed, color, sex, national origin, or ancestry. (d) That the contractor shall give written notice, in such form as shall be prescribed by the City Manager, of the contractor's commitments under this contract to any labor union or employee association with which the contractor has a collective bargaining contract, or other employer-employee labor agreement or understanding." By signing this Nondiscrimination Clause, the Contractor agrees to observe the provisions of Section 4 of Ordinance No. 36 N.C. (2d), Vallejo Municipal Code Sections and CONTRACTOR SIGNATURE DATE H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 19

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27 CITY OF VALLEJO STATE OF CALIFORNIA CONTRACT FOR MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 THIS CONTRACT, made and concluded in triplicate this day of, 2014, at Vallejo, California, by and between the City of Vallejo, a Municipal Corporation of the State of California, acting by and through its City Council, hereinafter called CITY, and hereinafter called CONTRACTOR. WITNESSETH: ARTICLE ONE. That for and in consideration of the payments and agreements hereinafter to be made and performed by the City, and under the conditions expressed in the two bonds, bearing even date with these presents and hereunto annexed, one a Faithful Performance Bond and one a Payment (Labor and Materials) Bond, each in the amount of 100% of the amount bid, the Contractor agrees with the City, at his/her own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the Specifications to be furnished by the City, necessary to construct and complete in a good, quality and substantial manner and to the satisfaction of the City of Vallejo, subject project, within a time frame of One Hundred Seventy (170) Calendar Days from the date the Notice to Proceed is issued by the Asst. Public Works Director-Water, in accordance with the specific specifications therefore as adopted by Resolution No. N.C. of the Council of the City of Vallejo; Standard Plans and Specifications of the State of California, Business and Transportation Agency, Department of Transportation, dated 2006 edition; Vallejo Sanitation and Flood Control District Standard Specifications, dated March 2007 and City of Vallejo Regulations and Standard Specifications, December 2011 edition, which said documents are specifically referred to and by such reference made a part hereof. ARTICLE TWO. The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the prices set forth in the proposal submitted by the Contractor and accepted by the City, which is specially referred to and by such reference made a part hereof, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the parties hereto for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE THREE. The said Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 21

28 until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them. ARTICLE FOUR. Pursuant to Public Contract Code, Section 22300, the Contractor is hereby permitted to substitute securities of the kind listed below in place of the ten percent (10%) retention withheld in accordance with this section, or any other moneys withheld by the City to insure performance of this contract. At the request and expense of the Contractor, securities equivalent to the amount or amounts withheld may be deposited directly with the City, or with a state or federally chartered bank in the State of California as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of this contract. The Public Works Director is authorized to execute documents necessary for this purpose. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall be entitled to receive any interest thereon. Securities eligible for investment under this provision shall include those listed in Government Code, Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The ten percent (10%) retention or other moneys withheld will not be released to the Contractor until the City has satisfied itself that the substitution of securities has been made in accordance with the provisions of this article. ARTICLE FIVE. By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE SIX. The complete contract consists of the following documents; all of which by reference are made a part of this contract: 1. Notice to Contractors. 2. Proposal. 3. Contract for: MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT Contract bonds, one a Faithful Performance and one a Payment (Labor and Materials) Bond, each in the amount of 100% of the amount bid. 5. Specific Plans and Specifications for: MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 22

29 6. Warranty Bond, in the amount of ten percent (10%) of total contract price plus change order(s). 7. Standard Plans and Specifications of the State of California, Business and Transportation Agency, Department of Transportation, May 2006 edition. 8. City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition. 9. Vallejo Sanitation & Flood Control District Master Bid Document and Project Specific Supplement, dated January ARTICLE SEVEN. The current statement of prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations and the Federal Labor Wage Rates, each on file with the Vallejo City Clerk is hereby specifically referred to and by such reference is hereby made a part of this agreement. The Contractor shall, as a penalty, forfeit to the City, the sum of FIFTY DOLLARS ($50.00) per day for each calendar day, or portion thereof, for each employee paid less than the prevailing salary or wage for any such work done under and by reason of the terms or conditions of this agreement by the Contractor or any subcontractor under him/her. The Contractor agrees to keep an accurate certified payroll record in accordance with Section 1776 of the Labor Code of the State of California. The Contractor shall, as a penalty, forfeit to the City the sum of $25.00 dollars per day, for each employee for non-compliance with the payroll record keeping requirements as stipulated in Section 1776 of the Labor Code of the State of California and this contract document. It is further expressly agreed by and between the City and the Contractor that should there be a conflict between the terms of this agreement and the bid or proposal of said Contractor, then this agreement shall control and nothing herein contained shall be considered as an acceptance of the said terms of said bid or proposal conflicting herewith. ARTICLE EIGHT. The Contractor agrees to observe the provisions of Section 4 of Ordinance No. 36 N.C. (2d), Vallejo Municipal Code, (Section ) obligating every contractor or subcontractor under contract to the City of Vallejo for Public Works or goods and services to refrain from discriminatory acts on the basis of race, religion, creed, color, sex, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor. Said Section 4 is, by this reference made a part of this contract. ARTICLE NINE. Contractor warrants and represents that he/she is licensed, and at the time he/she submitted his/her bid for this project to the City was licensed, pursuant to Division 3, Chapter 9 of the California Business and Professions Code, to engage in the business or act in the capacity of a contractor within the State of California for the purposes of this CONTRACT. In the event Contractor is or was not licensed as set forth above, this CONTRACT is void. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 23

30 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written. CITY OF VALLEJO, a municipal corporation [TYPE IN CONTRACTOR S NAME] [Type in type of entity] By: David A. Kleinschmidt Public Works Director By: [Type in name] [Type in title] Attest: Dawn G. Abrahamson City Clerk (Corporate Seal) (City Seal) Approved as to Content: Franz J. Nestlerode Assistant Public Works Director/ Water Approved as to Form and Insurance Claudia Quintana City Attorney H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 24

31 CITY OF VALLEJO PUBLIC WORKS DEPARTMENT WATER DIVISION FAITHFUL PERFORMANCE BOND (to accompany contract) KNOW ALL MEN/WOMEN BY THESE PRESENTS, that we,, as Principal, and, as Surety, are held and firmly bound unto the City of Vallejo, a Municipal Corporation of the State of California, hereinafter called the CITY, in the penal sum of DOLLARS ($ ), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as hereinabove provided. THAT WHEREAS, the Principal has entered into a contract with said City for the construction of: MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court. The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond, and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 25

32 IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this day of, 20. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: SURETY INFORMATION: Contact Person: Name of Company: Address: Telephone:( ) Fax no. :( ) NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid. APPROVED AS TO FORM: APPROVAL OF NAMED SURETY: City Attorney Risk Manager H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 26

33 CITY OF VALLEJO PUBLIC WORKS DEPARTMENT WATER DIVISION PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL MEN/WOMEN BY THESE PRESENTS, that whereas, the City of Vallejo, a Municipal Corporation of the State of California, acting through its City Council, has awarded, hereinafter designated as the Principal, a contract for: MONTICELLO PIPELINE REPLACEMENT PHASE 2 Project No. WT7079 AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same. NOW, THEREFORE, we,,as Principal and, as Surety, are held firmly bound unto the City of Vallejo, a Municipal Corporation of the State of California, hereinafter called City, in the penal sum ofd, DOLLARS ($ ), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, as herein provided. The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Title 15, Part 4, Third Division of the Civil Code of the State of California, commencing with Section 3082, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue. H:\0WATER\ MONTICELLO WATER MAIN REPLACEMENT\SPECIFICATIONS\BOILERPLATE.DOC 27

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