The following is in addition to the provisions of Section 2-1 of the Standard Specifications.
After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.
The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received.
Should the bid sheet include base bid items and additional or deductive alternative bid items, the City reserves the right to either award the project work included in the base bid items only, or to award a project composed of the base bid items and one or more of the additional or deductive alternative bid items or the base bid item(s) and any combination of additive/deductive bid items. The additional or deductive items are not listed in any specific order or priority that may be interpreted as the order in which the City will select to award the work thereof.
Award of the Contract, if it be awarded, will be made by the City within sixty (60) days after opening of the bids. Award will be made to the lowest responsible bidder as determined by the City. The City reserves the right to award the contract after the sixty (60) day period with the concurrence of the bidder.
In selecting the lowest responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder may be required to present evidence that they have successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the City that they or their associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.
Only manufacturers or contractors of established reputation, or their duly authorized dealers or City, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award.
Section 2-1.5 Execution of Contract
The following is in addition to the provisions of Section 2-1 of the Standard Specifications.
A bidder whose proposal is accepted shall properly sign a written contract with the City on the form attached hereto and return said contract together with good and approved bonds and insurance certificates as required by the Contract Documents within five (5) calendar days from the date of the mailing of a notice from the City to the bidder, according to the address given by him, of acceptance of his proposal. Contract bonds and certificates of insurance, if required, shall be filed in all instances before delivering any equipment, materials, or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.
If a bidder whose proposal is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder's bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the City enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the City an award may be made to the bidder whose proposal is next most acceptable to the City, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.
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A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the contract and bonds for the corporation to so sign.
Section 2-1.6 Return of Proposal and Guarantee
The following is in addition to the provisions of Section 2-1 of the Standard Specifications
The check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of Sixty (60) days from the date of opening bids.
Section 2-5 Plans and Specifications Section 2-5.1 General
Section 2-5.1.1 Dimensions, Scaling Omissions and Errors
The following is in addition to the provisions of Section 2-5.1 of the Standard Specifications.
The Specifications and Plans are intended to be coordinated so that figures, words or notes exhibited on the Plans and not mentioned in the Specifications, or vice versa, are to be executed to the true intent and meaning thereof, the same as if mentioned in the Specifications and set forth in the Plans. Work shown on the Plans, the dimensions of which are not given, is to be accurately followed according to the scale to which the Plans are made, but figured dimensions in all cases are to be followed, although they may differ from the scale measurements. Should anything be omitted from the Plans or Specifications which is necessary to a clear understanding of the work, or should any error appear either in the various instruments or in the work done by other contractors affecting the work included in the Plans or Specification, it shall be the duty of the Contractor to notify the Engineer. In the event of the Contractor's failure to give such notice, the Contractor shall make good any damage or defect in the work caused thereby. The execution of work specially detailed or explained without a previous written claim for an extra charge, shall constitute an acceptance by the Contractor of the detailed explanations as being in conformity with the work covered by the Contract.
Section 2-5.1.2 Special Provisions and Technical Provisions
The following is in addition to the provisions of Section 2-5.1 of the Standard Specifications.
It is specifically understood that the Special Provisions and Technical Provisions of the Project Manual and Contract Documents shall take precedence over any Notes, General Notes, Reference Notes or Schedules on the Plan Drawings when and where such items address the same issue or methods as discussed in the other.
Section 2-5.1.3 Request for Information
The following is in addition to the provisions of Section 2-5.1 of the Standard Specifications.
The Engineer, whenever requested, will furnish to the Contractor such further detailed explanation, either orally or graphically as may be necessary to properly and accurately illustrate the work to be done, and the Contractor shall comply therewith.
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Section 2-5.1.4 Interpretation of Plans and Specifications
The Engineer will interpret the meaning of any part of the Plans and Specifications about which any misunderstanding may arise, and his decision shall be final.
Section 2-5.2 Precedence of Contract Documents
The following supersedes this section of the Standard Specifications. The order of precedence of documents shall be:
• FIRST: Requirements of law, including the Code and Ordinances of the City of Monrovia.
• SECOND: Permits from other agencies as may be required by law.
• THIRD: Permits from City of Monrovia Departments as may be required by law or ordinance.
• FOURTH: The Contract Agreement.
• FIFTH: The Bid Proposal.
• SIXTH: Addenda.
• SEVENTH: Notice Inviting Bids.
• EIGHTH: Instructions to Bidders.
• NINTH: Special Provisions.
• TENTH: Technical Provisions.
• ELEVENTH: Plans.
• TWELFTH: Standard Plans.
• THIRTEENTH: Standard Specifications for Public Works Construction (current edition).
• FOURTEENTH: Reference Specifications.
Change orders, supplemental agreements, and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND, and THIRD. Detailed plans shall have precedence over general plans.
Section 2-5.3 Shop Drawings and Submittals
The following is in addition to the provisions of Section 2-5.3 of the Standard Specifications.
The Contractor shall submit no later than fifteen (15) calendar days after the effective date of the Notice to Proceed copies of purchase orders and a list of all manufactured items and equipment and to be provided for incorporation in the project by manufacturer's name. Where the materials and equipment to be supplied are not the same manufactured items as identified in the specifications by type, size, model number, or similar feature then the list shall include such specifics on the items to be supplied. Brochures and other printed literature should be included to allow the City sufficient data to evaluate the material or equipment for use on the project.
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Should the Contractor fail to submit the material and equipment list to the City within the specified time period, the Contractor shall furnish and install the materials and equipment manufactured by the companies specified herein (provided such is currently in production by the manufacturer) and the Contractor will be deemed to have waived the right to submit an "or equal item". Where there is no named manufacturer for a material product or piece of equipment, the City shall be the sole judge of the suitability of a manufactured item with regards to the requirements of the plans and specifications.
Should the contractor wish to install material or equipment on the project prior to the fifteen (15) calendar day period he shall submit a listing to the City at an earlier date to allow a minimum of ten (10) calendar days for the City's review, approval and/or rejection.
During this initial period the Contractor is deemed to have thoroughly reviewed the project contract documents and the site and ascertained to the Contractors satisfaction, by use of Requests for Information (RFI's), the extent and interpretation of the City as to the work details and that the work shown and described in the plans and specifications can be completed without further clarification or by any changes thereto by the City.
The Contractor shall prepare the drawings necessary for his own work and shall check the same for accurate measurements taken from the work, and when assured that such drawings have been properly prepared, shall submit same to the Engineer for approval.
When shop drawings cannot be made from actual dimensions taken from the work, but are prepared from the Plans, it is clearly understood that the Contractor is responsible for the accuracy of the information upon which such drawings are prepared. The City does not guarantee their accuracy, but will make available to the Contractor information upon which such plans were made.
It is absolutely understood that the Engineer's approval of the shop drawings is for the design only and not for dimensions or structural accuracy.
Any material ordered by the Contractor prior to the approval of Shop Drawings, shall be at their own risk. The Engineer shall have the right to keep Shop Drawings submitted for approval two weeks before returning them to the Contractor with corrections or approval, and no claim for delay on this account shall be recognized. Six complete sets of submittals shall be furnished to the Engineer.
Section 3 Changes in Work
Section 3-1 Changes Requested by the Contractor Section 3-1.3 Notification and Communication
The following is in addition to the provisions of Section 3-1 of the Standard Specifications.
All changes and notifications of discrepancies shall be submitted first to the City for review and approval, prior to submittal to the Architect or Consulting Engineer. Changes in the scope of work, additional work and contract cost changes shall not be authorized by any party other than the City of Monrovia. All correspondence for the project shall be made through the City of Monrovia.