SUBJECT: CONTRACT WITH J. LEON CONSTRUCTION FOR SIDEWALK, CURB & GUTTER RESTORATION SERVICES

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ACTION:

____________________________ Clerk/Secretary

Department: Public Works Item No: C8

Prepared by: Joshua Sino Cruz, Management Analyst Meeting Date: June 23, 2020 Approved by:

Kuna Muthusamy, Director

Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: CONTRACT WITH J. LEON CONSTRUCTION FOR SIDEWALK, CURB & GUTTER

RESTORATION SERVICES

RECOMMENDATION: Adopt City Council Resolution No. 2020- , approving a contract with J. Leon Construction for sidewalk, curb & gutter restoration services.

CORRELATION TO CITY COUNCIL GOALS: (1) Continue to Improve Flow of Traffic, Reduce

Congestion, and Improve Roads and Sidewalks and (2) Continue to Decrease Blight and Improve City’s Image

PRIOR ACTION: On December 9, 2014, adopted City Council Resolution No. 2014-170, approving an agreement with J. Leon Construction for sidewalk, curb and gutter restoration services (Vote: 5-0).

STATEMENT ON THE SUBJECT: The Public Works Department contracts for sidewalk, curb and gutter restoration services to repair damaged sidewalk infrastructure throughout the City. Damaged sidewalks are often caused by tree roots uplifting the concrete panels and creating trip hazards in the public right of way. Repair locations are identified through the Engineering Department, and then then addressed by a contractor managed through the Public Works Department.

On May 14, 2020, a Request For Bids to provide sidewalk, curb and gutter restoration services throughout the City was issued. The bid specifications were posted on the City’s website and eBidboard. Bidders were required to provide pricing for as-needed removal and replacement of sidewalk panels, concrete curb and gutter, driveway approaches, and any American with Disabilities Act access requirements. The following three bids were received:

Bidder Name (Location) Bid Amount

J. Leon Construction (Oceanside, CA) $ 7,640.00 Tri-Group Construction and Development (San Diego, CA) $24,097.00

LC Paving (Escondido, CA) $25,524.50

The total bid amount was determined by adding the prices provided for each item listed in the base bid of the bid schedule as a cumulative total. Staff has reviewed the bid of $7,640 from J. Leon Construction and has determined that they are the lowest responsible bidder.

AGENDA

REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

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MEETING DATE: June 23, 2020 PAGE 2 SUBJECT: CONTRACT WITH J. LEON CONSTRUCTION FOR SIDEWALK, CURB & GUTTER

RESTORATION SERVICES

Staff recommends entering into a five year contract with J. Leon Construction, considering the significant favorable pricing in relation to its competitors. If approved for a five year term, the contract ceiling would be $500,000.

FISCAL IMPACT: Sufficient funding of $100,000 for year one is budgeted in the Fiscal Year 2020/21 Operating Budget in the Gas Tax Service Contract account (No. 1060410.521040). Funding will be allocated and included in subsequent fiscal year budgets.

EXHIBITS:

1. City Council Resolution No. 2020- , approving a contract with J. Leon Construction, for sidewalk, curb & gutter restoration services

2. Request For Bid (Available in the City Clerk’s Office) 3. Contractor’s Bid

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00086756 2

RESOLUTION NO. 2020-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING A CONTRACT WITH J. LEON

CONSTRUCTION FOR SIDEWALK, CURB AND GUTTER RESTORATION SERVICES

The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City solicited bids for sidewalk, curb & gutter restoration services, and on May 28, 2020, public bids for construction were opened and J. Leon Construction was the lowest bidder.

B. Staff determined that the bid from J. Leon Construction is responsive in all

material aspects of the request for bids, and that the bid from J. Leon Construction is the lowest responsive, responsible bid.

2. Action.

A. The contract between the City of Vista and J. Leon Construction for sidewalk, curb & gutter restoration services in the maximum cumulative amount of $500,000 is approved, and the Mayor is authorized to execute the contract.

B. The City Manager is authorized to execute all amendments extending the term of the Contract.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 23, 2020, by the following vote:

AYES: NOES: ABSTAIN:

APPROVED AS TO FORM: DAROLD PIEPER,CITY ATTORNEY

By:

APPROVED

Darold Pieper

20200605171253

JUDYRITTER,MAYOR

ATTEST:

KATHY VALDEZ,CITY CLERK

By:

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REQUEST FOR BID

Available in the City Clerk’s Office

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Construction -RFP -Prevailing Wage [17754-7] 1 of 10 J LEON CONSTRUCTION 00086764 2

JOB ORDER CONTRACT FOR

SIDEWALK, CURB & GUTTER RESTORATION SERVICES

THIS CONTRACT is entered into by and between the “Parties” as of _____________________ (“Contract Date”).

1.0 THE PARTIES: The “City”:

CITY OF VISTA, a chartered municipal corporation

200 Civic Center Drive Vista, CA 92084

Working Contact: Cirilo Mariscal Billing Contract: Susan Haynes

The “Contractor”:

J. LEON CONSTRUCTION , a California corporation

4785 N. River Rd. Oceanside, CA 92057 Contact: Javier Leon

2.0 THE WORK

2.1 City is authorized under Chapter 3.08 the Vista Municipal Code to enter into a job order contract with Contractor.

2.2 The “Required License” for the services is C-8 Concrete and B – General Building Contractor.

2.3 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work (“Contract”).

2.4 The “Services” to be performed by Contractor are set forth in the City’s Request for Proposals (“Exhibit A”).

2.5 Contractor has submitted to City a bid (“Proposal”) to perform the Services dated May 28, 2020 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is $500,000. 3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 60 calendar months (“Term”).

3.3 City may terminate this Contract upon 10-days’ written notice to Contractor. Contractor may terminate this Contract upon 90-days’ written notice to City. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's

possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the

compensation to be paid.

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4.0 EXECUTION OF ADDITIONAL DOCUMENTS

As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

1. Contractor’s Forms

2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)

5.0 SCOPE

Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract (“Project”), in strict accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of

Exhibit A shall control. 6.0 COMPENSATION

6.1 City shall pay Contractor for the Services to be performed on the basis set forth in Exhibit B.

6.2 An invoice for payment shall be submitted in a form satisfactory to the City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by the City and by the Contractor which shall specify:

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any. 6.3.3 Adjustment in the time of completion, if any.

6.4 Adjustments in the compensation due the Contractor shall be determined by mutually agreeable lump-sum. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump-sum.

6.5 Payment of the undisputed final Contract amount is contingent upon the

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Contract related to that amount. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

6.6 In addition to the amount which the City may retain under the above article on progress payments, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:

6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Services under this Contract.

6.6.2 Estimated or actual costs for correcting defective work not remedied. 6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets. 6.6.4 Estimated or actual costs for emergency work by City forces, which is a

result of the Contractor's neglect or actions.

The City may apply such withheld amounts or amounts to the payment of such claims at its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payments so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.

6.7 Contract Ceiling Price

6.7.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

6.7.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to the City will exceed the maximum permitted by this Agreement, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that the City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to the City for this Agreement is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Agreement, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

7.0 CONTRACT DOCUMENTS

The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E, and the Standard Specifications (defined below).

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8.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES

All Services under the Contract must be completed by the date incorporated in the Work Order for the specific Project and within the time and response specifications provided in Exhibit A. Liquidated damages will be $250 per calendar day.

9.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

9.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and

promulgated by Southern California Chapter, American Public Works

Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

9.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

10.0 SUPPLEMENTARY DEFINITIONS

In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Services.

11.0 ADDITIONAL DRAWINGS

When appropriate, the Contractor will be furnished sufficient sets of drawings to properly complete the Services. There will be no charge for such drawings and specifications. 12.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be

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taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.

The Standard Specifications shall apply for materials and methods of construction not specifically or otherwise shown or specified in the Project drawings and specifications. 13.0 CONTROL OF SERVICES

13.1 Representatives. Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of the City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

13.2 Superintendence. The Contractor shall designate in writing a competent

supervisor for the Services who must be personally present on the premises where the work on the Services is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.

13.3 Advance Notification. It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to that agency. A minimum of 48 hours’ advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in the Special Provisions or required by the agency. The names and telephone numbers for the respective agencies are listed on the drawings, in the Special Provisions, in the Work Order, or will be otherwise provided as applicable.

13.4 Inspection. The City's Representative shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, it shall give due notice to the City's Representative so that inspection may be provided. Any work done in the absence of the City's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the City's Representative prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the City's Representative so that inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable

materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the City's

Representative or that payment therefore has been included in an estimate for payment. 13.5 Preservation of Property. The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, and adjacent property. All buildings and structures and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or

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damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.

In an emergency affecting the safety of life or property, including adjoining property, the

Contractor, without special instructions or authorizations, is authorized to act at its discretion to prevent such threatened loss or injury, and it shall so act as though instructed to do so by the City.

14.0 EXISTING UTILITIES AND IMPROVEMENTS

If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.

The fact that existing utilities and improvements, either above or below the ground surface, are not shown in any drawings shall not relieve the Contractor of liability for complete and careful protection of said improvements from damage as specified herein.

All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfill or other work. 15.0 UTILITY SERVICE INTERRUPTION

In all cases of alteration or relocation of service connections, the Contractor shall notify the City a minimum of four hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four hours.

16.0 MAINTENANCE AND GUARANTY

The Contractor hereby guarantees that all work performed by it under the Contract will fully meet all requirements of the Contract as to quality of workmanship and materials furnished by it. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Services which during the one-year period is found to be deficient with respect to any provisions of the specifications.

The Contractor shall make all repairs and replacements promptly upon the receipt of written order from the City. If the Contractor fails to make such repairs and replacements promptly, the City may do the work and the Contractor and its surety shall be liable to the City for the cost thereof.

17.0 INDEMNIFICATION

Contractor shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by the City's sole negligence or willful misconduct; or (2) for Liability caused by the City's active negligence, in which case the indemnity received by the City shall be reduced

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by the amount: (i) that the City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”). 18.0 INSURANCE AND BONDS

Contractor shall comply with the insurance and bond provisions set forth in Exhibit C. 19.0 SAFETY

In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Services, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers. It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor’s duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.

The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Services to be performed.

20.0 PERMITS (CITY AND OTHER AGENCIES)

20.1 After execution of the Contract and prior to beginning work, the Contractor and all subcontractors shall execute a no fee construction permit at the City. A permit will be issued by the Engineering Inspector assigned to the Project for the Contractor and all subcontractors.

20.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:

20.2.1 Contractor's License of appropriate classification.

20.2.2 City Business License. A fee will be charged for any new Business Licenses.

20.2.3 General Liability Insurance Certificate as required by Exhibit C. 20.2.4 Worker's Compensation Insurance Certificate as required by

Exhibit C.

20.3 If any subcontractor does not have the amount of liability insurance required in these specifications, the Contractor must produce evidence satisfactory to the City’s Risk Manager that the subcontractor's work is covered by the Contractor's liability insurance policy.

20.4 Agency permits, other than those issued by the City, will generally not be required unless specifically noted. If for some unknown reason the Contractor is required to obtain a permit, the City will compensate the Contractor for its actual cost plus a 10% markup.

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21.0 SERVICE OF NOTICE

Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

22.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY

In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.

23.0 RESOLUTION OF CONTRACT CLAIMS

The provisions of Article 1.5, Chapter 1, Part 3 of Division 2, of the Public Contract Code apply to this Contract. These provisions set forth a procedure for the resolution of disputed

construction claims arising from this Contract. These provisions establish procedures for submitting claims and set minimum time limits for responding to such claims. Following a

response, if a claim remains in dispute, a meet and confer conference between the claimant and the local agency may be demanded by the claimant. If the dispute remains unresolved following the meet and confer conference, and the claimant proceeds to file a civil action seeking to obtain enforcement and judgment on the claim, the dispute may be submitted to non-binding mediation and, if it remains unresolved, to judicial arbitration.

24.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL

Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or

appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

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25.0 CIVIL RIGHTS

25.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

25.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

25.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

25.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

25.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

25.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

25.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the

Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

26.0 SPECIAL PROVISIONS

This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

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27.0 EXHIBITS

All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

28.0 APPLICABLE LAW, VENUE

This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

29.0 MODIFICATIONS

This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

30.0 EXECUTION

IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal corporation

By:

PATRICK JOHNSON,CITY MANAGER

ATTEST:

KATHY VALDEZ,CITY CLERK

By:________________________________ APPROVED AS TO FORM:

DAROLD PIEPER,CITY ATTORNEY

By:________________________________ RISK MANAGEMENT REVIEW:

DOLORES GASCON,RISK MANAGER

By:________________________________

“Contractor”

J. LEON CONSTRUCTION, a California corporation By: Name/Title By: Name/Title APPROVED Darold Pieper 20200605165852

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00086764 2 Exhibit A EXHIBIT A

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CITY OF VISTA PUBLIC WORKS DEPARTMENT

PROJECT SPECIFICATIONS FOR

SIDEWALK, CURB & GUTTER RESTORATION

SERVICES

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PROJECT SPECIFICATIONS FOR

SIDEWALK, CURB & GUTTER RESTORATION SERVICES TABLE OF CONTENTS

BIDDING AND CONTRACTUAL DOCUMENTS PAGE

Notice Inviting Bids ... 4 Instructions to Bidders ... 7 Proposal Forms

Bid Proposal ... 26 Bid Schedule ... 30 Contractor’s Licensing Statement ... 33 Project References... 34 Contractor’s List of Subcontractors ... 35 Non-Collusion Declaration ... 36 Bid Security Forms ... 37 Agreement and Bonds

Construction Contract ... 41 Faithful Performance Bond ... 46 Payment Bond ... 49 Contractor's Certificate ... 50 Non-Collusion Declaration for Subcontractors ... 51 SPECIAL PROVISIONS

Supplementary General Provisions... 54 Supplementary Technical Provisions ... 121 APPENDICES

Appendix A: Agreement to Comply with California Labor Law Requirements Appendix B: City of Vista Insurance and Bonding Requirements

Appendix C: Encroachment Permit Application Form Appendix D: City of Vista Stormwater Management Permit Appendix E: City of Vista Standard Drawings

Appendix F: San Diego Regional Standard Drawings Appendix G: Sample Public Notification

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4 PART I

BIDDING AND CONTRACTUAL DOCUMENTS NOTICE INVITING BIDS

PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the chartered City of Vista (“Agency”) for furnishing all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the “SIDEWALK, CURB & GUTTER RESTORATION SERVICES” in strict accordance with the Project Specifications and Plans on file in the City of Vista Engineering Department.

1. DATE OF OPENING BIDS

As further described below, bids will be received at the Office of the City Clerk, located on the second floor of the City of Vista Civic Center, 200 Civic Center Drive, Vista, California 92084-6275, until 2:00 PM, THURSDAY, MAY 28, 2020, at which time and place the bids will be opened and read aloud in the City Council Chambers, and publicly broadcast via live-stream video. No bidders are allowed to be present in the City Council Chamber when the bids are opened. Bidders who would like to observe the bid opening may watch the live-stream video broadcast on the City’s website by accessing the following link: https://www.cityofvista.com/city-hall/agenda-minutes/meeting-video-broadcast Following the bid opening, a summary list of the bids will be posted on the City’s website and eBidBoard by close of business that day.

Due to COVID-19 health restrictions, the Civic Center is not open to the public. City employees are working remotely, and may not have immediate access to correspondence or messages from bidders. Mail deliveries to the Civic Center will be limited to mail delivered by the United States Postal Service, which will only be processed twice per week by City staff. Deliveries from other companies, including UPS and FedEx, will no longer be accepted at the Vista Civic Center, so bidders are advised not to use these services.

The City encourages all bidders to mail their bids at least one week before the Bid Opening Date to ensure they are timely received. Bids shall be typewritten or written clearly and legibly in ink and submitted in sealed envelopes plainly marked “SIDEWALK, CURB & GUTTER RESTORATION SERVICES – DO NOT OPEN WITH REGULAR MAIL” on the outside.

Due to COVID-19 health restrictions, bidders are encouraged to mail their bids and to refrain from hand delivery. However, City staff will be available at the main Civic Center entrance two hours before the bid opening, from 12:00 PM to 2:00 PM, on the advertised Bid Opening Date to allow bids to be hand-delivered. If any bidder chooses to hand-deliver their bid, the bidder shall comply with the County of San Diego’s Order of the Health Officer and Emergency Regulations, dated April 10, 2020, while delivering their bid, including engaging in appropriate “Social Distancing” practices and wearing facial coverings.

Any bids not received in a timely manner through mail delivery or hand delivery on the Bid Opening Date, as described above, will not be considered.

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Note: The City of Vista complies with the Americas with Disabilities Act. If you require reasonable accommodations for the bid opening, please contact the Office of the City Clerk, 760-639-6125, at least forty-eight (48) hours prior to the bid opening.

2. DESCRIPTION OF WORK

The Work generally consists of: removal and replacement of existing concrete sidewalk panels, concrete spandrels and concrete curb and gutter.

Exporting and importing of soils and implementation of all required BMP's is also required in the performance of the Work. All work shall conform to the guidelines of the San Diego Regional Drawings and Standard Specifications for Public Works Construction (latest edition and supplement) (“Greenbook”) including landscaping installation standards.

The City requires that Bidders submit bids for Base Bid Items. City intends to award contract to the lowest responsible bidder for the Base Bid Items.

3. LOCATION OF WORK

The Work to be constructed is located in various locations throughout the City of Vista, California. 4. CONTRACT DOCUMENTS

A full set of Contract Documents is available for inspection without charge at the City of Vista Engineering Department, and/or on the City of Vista webpage, located at the following URL (Uniform Resource Locator) address:

http://www.cityofvista.com/city-government/public-meetings-bids-contracts

and clicking on the project link to ebidboard under the heading “Notices Inviting Bids”. 5. CONTRACTOR'S LICENSE CLASSIFICATION

In accordance with the provisions of the California Public Contract Code Section 3300, the Agency has determined that the Contractor shall be required to possess a valid California Class A General Engineering Contractor License and/or Specialty Class C-8 (concrete contractor) License(s) at the time that the Contract is awarded, and shall maintain said license(s) in good standing at all times during performance of the Work.

6. CONSTRUCTION COST OPINION AND TIME OF COMPLETION

The Agency’s Opinion of Probable Construction Cost for this Project is $100,000 annually for the Base Bid items.

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6 7. PRE-BID MEETING

There is no pre-bid meeting for this project.

8. PROJECT ADMINISTRATION

All questions relative to the Project must be submitted in writing via email at least five (5) business days prior to bid opening and addressed to:

Attention: Mr. Cirilo Mariscal

E-Mail: cmariscal@cityofvista.com Telephone: 760-643-5473

Facsimile (FAX): 760-643-2878 Only questions in email will be responded to.

All other questions relative to the bid documents must be submitted in writing via email at least five (5) business days prior to bid opening and addressed to:

Attention: Mr. Josh Sino Cruz

E-Mail: jsinocruz@cityofvista.com Telephone: 760-643-5458

Facsimile (FAX): 760-643-2878 Only questions in email will be responded to.

9. CITY CHARTER / WAGES

NOTICE IS HEREBY GIVEN that, pursuant to the Vista City Charter and the Vista Municipal Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq IS required for this Project.

By ORDER of the chartered City of Vista, California

_________________________ Kathy Valdez, City Clerk City of Vista, California

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INSTRUCTIONS TO BIDDERS

1. SITE REVIEW

Prospective bidders are expected to conduct a site review of the Project prior to submitting a bid.

2. LOCAL CONDITIONS AND BID QUANTITIES

Bidders shall read the Project Specifications and documents, examine the Plans, review available documents, and make their own estimates of the existing facilities and the difficulties that will attend the execution of the Work called for by the proposed Contract including federal, state, and local laws and regulations, local conditions, uncertainty of weather, traffic, soil conditions and all other contingencies.

Bidders shall satisfy themselves by personal examination of the location of the proposed Work, and by such other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the BID SCHEDULE. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, as to the quantity of materials to be furnished, and as to the requirements of these Contract Documents. Information derived from the Plans, Project Specifications, profiles or drawings, maps, other reports, or from the Engineer or his assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not warranted or guaranteed, either expressly or implied, by the Agency. The bidder’s failure or omission to receive or examine any part of the Contract Documents or to visit the site and be familiar with the existing conditions, shall in no way relieve the bidder from obligation with respect to this bid or to the performance of the Work under this Contract.

The quantities of work or material stated in the unit price items of the BID SCHEDULE are supplied only to give an indication of the general scope of the Work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the amount of any unit price item of the Work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.

Bidders shall not, at any time after the submission of a bid, make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit price items of the BID SCHEDULE.

The Bidder understands that the unit prices and total bid amount set forth by the Bidder in the BID SCHEDULE shall include all appurtenant expenses, premiums, taxes, royalties and fees. The Bidder shall make no reference in the BID SCHEDULE to sales tax, use tax, or any other tax. The Bidder shall make no reference in the BID SCHEDULE to any patent fees or royalties on any patented article or process which may be furnished or used or to any premium for insurance or

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surety bonds in the Bid. All amounts bid shall be deemed and held to include any such taxes, fees, royalties or premiums which may be applicable.

The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, project, or device which is the subject of patent rights or copyrights held by others.

The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received by the Agency, whether or not yet effective. The total bid amount shall be deemed to include such taxes and the Contractor shall not be entitled to separate compensation for such taxes.

3. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM This Project is not a Federally-funded project.

The Agency hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Components of the Agency’s Disadvantaged Business Enterprise (DBE) Program can be found in the Appendices (see list of Appendices in Table of Contents on Page 2). The Agency may require of the low bidder and sub-contractors any DBE certification within four (4) Working Days after bid opening.

4. INTERPRETATION OF PLANS AND PROJECT SPECIFICATIONS

If any person contemplating the submittal of a bid for the proposed Contract is in doubt as to the true meaning of any requirement of the Plans or Project Specifications, or he finds any discrepancies in or omissions from the Plans or Project Specifications, he shall submit to the Engineer, a written request for an interpretation or correction thereof. The written request must be received at least five (5) Working Days prior to the date fixed for opening of bids. The person making the request will be responsible for its prompt delivery. Interpretations or corrections will be made only by addenda to the Project Specifications or by dated revisions of the drawings with a copy of each addition or change being furnished, through the Agency, and delivered by mail, facsimile, or electronic mail (e-mail) requested to each prospective bidder not later than three (3) Working Days prior to the date fixed for the opening of bids.

Acknowledgement of receipt of any and all addenda is required in the BID SCHEDULE. Addenda are posted to the eBidBoard website and are available to all Bidders on the project Planholders List. All addenda so issued shall become part of the Contract Documents. Failure of any bidder to receive any addenda shall not relieve such bidder from any obligations imposed by such addenda. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be acknowledged on the Bid Proposal. Before submitting a bid, each bidder shall inform himself as to whether or not any addenda have been issued by checking the eBidBoard website. Failure to determine the existence of any addenda, to obtain and review such addenda, or to include in the bid any obligations imposed by such addenda issued may render the bid irregular and may result in its rejection.

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9 5. BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm or corporation shall make, file or be interested in more than one (1) bid for the same work unless alternative bids are specifically requested. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to a bidder, is not disqualified from submitting a sub-proposal or quoting prices to other bidders.

6. FORM OF BID AND SIGNATURE

The bids shall be made on the Bid forms provided by the Agency. These documents shall constitute the bid. The bid shall be submitted in a sealed envelope marked and addressed as hereinafter directed.

The Bid for the Work is intended to establish a total cost for the Work in its entirety. The Bidder shall state in the Bid the unit prices or Lump Sums for which he proposes to supply the labor, materials, supplies and equipment necessary to complete the Work required by the Contract Documents. Certain permit requirements, General Provisions, Supplementary General Provisions, and other work required by the Plans and/or the Specifications may not be listed in the Bid Schedule and are, in general, applicable to more than one listed Bid Item. Other required work may not be listed as a separate item in the Bid Schedule, but is necessary to complete the Work described in the Plans and/or the Project Specifications. The Bidder shall include the cost of all work not listed as a separate item in the Bid Schedule in the various related items of work listed in the Bid Schedule, so that the Bid for the Project reflects the total cost for completing the Work in its entirety.

If the proposal is made by an individual, it shall be signed and his full name and address shall be given; if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

7. PREPARATION OF THE BID / REJECTION OF THE BID

The Bid shall be prepared such that it is complete and responsive to all requirements of the Contract Documents. The completed Bid shall consist of the following forms:

a) Bid Proposal b) Bid Schedule

c) Contractor’s Licensing Statement d) Project References

e) Contractor’s List of Subcontractors f) Non-Collusion Declaration

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If any bid forms are missing from the Contract Documents obtained by the Bidder, whether obtained directly from the Agency or through other means, it shall be the Bidder’s responsibility to contact the Agency and obtain all required Bid Document forms prior to submitting a bid. Blank spaces in the Bid shall be properly filled in (using figures in the Bid Schedule). The Bid shall contain an acknowledgment of receipt of all addenda, the numbers of which shall be filled in on the Bid Proposal form.

The phraseology of the Bid must not be changed, and no addition shall be made to the items mentioned therein. Alternative bids shall not be considered unless specifically requested and authorized by the Agency.

The Bid shall be either typewritten or printed in ink.

All corrections which have been initiated by the Bidder using erasures, strike out, line out, or “white-out”, shall be typed or written in with ink adjacent thereto, and shall be initialed in ink by the person signing the bid proposal.

The Bid shall be signed in accordance with the “Instructions for Signing Bids, Bonds, and Contracts”, included in the Contract Documents.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. Unit prices shall not exceed two (2) decimal places.

All extensions of the unit prices bid and sums will be subject to verification by the Agency. If the unit prices entered by the Bidder exceed two (2) decimal places, the Agency will only use the first two (2) digits after the decimal points without rounding up or down.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:

a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

b) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Agency's Final Estimate of cost.

Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the item total shall prevail.

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If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. A Bid shall be considered irregular if certain situations occur, including, but not limited to, the following:

a) The Bid contains blank spaces that are not properly filled in.

b) The Bid contains unauthorized provisions, conditions, limitations, or alternatives. c) The Bid is either not typewritten or not printed in ink.

d) The Bid contains interlineations, alterations, erasures, clerical errors or is otherwise illegible or unclear, or not properly initialed.

e) The Bid is not properly signed in accordance with the instructions.

f) The Bid contains unit prices and/or item totals that are unreadable or otherwise unclear, or are omitted.

g) The Bid contains a significant “material” difference between the bid total written in figures, the bid total written in words, and/or the sum of the item totals after any math errors are corrected.

Bidder’s failure to submit the Bid on time to the correct location, include appropriate identification on the outside of the envelope or include the correct amount of postage, submit a complete Bid using all of the required Bid forms provided in the Contract documents or addendums, include a price for any Bid item that requires the Bidder to submit a price, acknowledge all addenda, or submit the appropriate Bid Security shall render the Bid non-responsive and shall be cause for its rejection.

In accordance with the provisions of Section 1771.1(b) of the California Labor Code – the Agency will not accept bid or enter into a Contract without proof of the contractor’s current registration with the California Department of Industrial Relations pursuant to Section 1725.5.

The Agency, in its sole discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids, unless waiving such irregularity would give a competitive advantage to a Bidder.

8. ALTERNATIVE SCHEDULES

Bidders are directed to review the BID SCHEDULE and the appendices (see list of Appendices in Table of Contents on Page 2) for details regarding the alternate bid items, if included.

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The Agency will evaluate the bids based on the total amount of the Base Bid Items, and will not include the Alternate Bid Item(s) in determining the lowest responsible bidder. The Agency reserves the right to award the Contract on the Base Bid Items, and with or without any or all of the Alternate Bid Item(s). The Agency reserves the right to adjust the quantity of the Alternate Bid Item(s) after the award of contract.

9. LIST OF SUBCONTRACTORS FILED WITH BID

In accordance with the provisions of Sections 4100 through 4113, inclusive, of the Public Contract Code of the State of California (“Subletting and Subcontracting Fair Practices Act”), each bidder shall submit with his bid the name, location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid, or in the case of the construction of streets or highways, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and shall state the portion and dollar value of the Work which will be done by each such subcontractor in the List of Subcontractors form. If no subcontractor is listed for a portion of the Work, then the Contractor is required to perform that portion with his own forces.

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

Pursuant to Section 1725.5 of the Labor Code of the State of California, no contractor may be awarded a public works contract and no subcontractor of any tier may work on a public works project without proof of registration with the Department of Industrial Relations. To comply with these regulations, each bidder being considered for award of the Contract shall submit to the Agency the names and PWC Registration Number of each proposed subcontractor of any tier who will perform work or labor or render service to the principal Contractor in any amount within 7 days after the bid opening date. The inadvertent listing on the bid documents of a subcontractor that is not registered with the California Department of Industrial Relations will not necessarily invalidate the bid. An unregistered subcontractor can be replaced with one who is registered.

10. NON-COLLUSION DECLARATIONS

The bidder is required to execute a Non-Collusion Declaration in the form attached hereto, and submit the form with the bid. The Agency reserves the right to require, before awarding the contract, that the principal Contractor secure from each proposed subcontractor a Non-Collusion Declaration in the form also attached hereto, and submit all forms to the Agency.

If at any time it shall be found that the person, firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and the Contractor’s sureties

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shall be liable to the Agency for all loss or damage which the Agency may suffer thereby, and the Agency may advertise anew for bids for such work..

11. BID SECURITY / RETURN OF BID SECURITIES

Each bidder shall submit with his bid an unconditional certified or cashier's check drawn on a solvent state or national bank, or a bidder's bond with a responsible corporate surety, on the form attached hereto, subject to the provisions for “Bonds” herein. Unless otherwise stated in the Contract Documents, said bid security or bidder's bond shall be in a sum at least ten percent (10%) of the total base bid amount, and shall be made payable to the Agency as a guaranty that the bidder will, if an award is made, in accordance with the terms of his bid, promptly execute a Contract in the required form, secure payment of Workmen's Compensation, and furnish satisfactory Performance Bond, Payment Bond, and certificates of insurance, and endorsements within ten (10) Working Days of the mailing by the bidder of the Notice of Award. The certified or cashier’s check or bidder’s bond shall be enclosed in the same envelope with the bid. Notice of instructions to Principal and Surety regarding completion of Bidder’s Bond:

1) Principal’s signature with title must be properly notarized (i.e., proprietorship, partnership, corporation, joint venture). If corporation, affix seal;

2) Signature of Attorney-in-Fact for Surety must be properly notarized;

3) Attach certified copy of Power of Attorney for Surety’s Attorney-in-Fact; and

4) If bond is executed in excess of surety company’s treasury limit, evidence of how bond was reinsured must be attached over signature of Attorney-in-Fact.

If a bidder to whom an award is made fails or refuses to execute the Contract, secure the payment of Worker's Compensation and furnish the required bonds and proof of insurance, all within the time stated in the provisions for “Execution of Contract / FAILURE TO EXECUTE CONTRACT” herein, the money represented by said check or bidder's bonds shall become and remain the property of the Agency, the amount thereof being agreed to by the bidder as liquidated damages due the Agency on account of the delay in the execution of the Performance Bond, Payment Bond, and proof of insurance coverage, and in the performance of work thereunder, resulting from such failure or refusal.

The Agency reserves the right to retain the bid security of the three (3) apparent lowest responsible Bidders until the Contract Documents have been formally executed by the successful Bidder and delivered to the Agency and the successful Bidder has filed with the Agency the Faithful Performance Bond, the Contractor’s Payment Bond, and the insurance policies or certificates required by the Bid Documents, after which such bid securities will be returned to the respective Bidders whose bids they have accompanied.

12. PROJECT REFERENCES

All bidders shall provide evidence satisfactory to the Agency that the bidder has prior experience to properly perform in accordance with the terms of these Plans and Specifications by completing and submitting the PROJECT REFERENCES spreadsheet with his bid. The PROJECT REFERENCES

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list shall include projects successfully performed by the Bidder of comparable magnitude that he or his associates are personally competent to manage the proposed undertaking, and to carry it forward to a successful conclusion.

13. LICENSE REQUIREMENTS

All prospective contractors submitting a bid shall have the appropriate license as required by these specifications. Failure to possess the specified license at the time of award shall render the bid as non-responsive and shall act as an absolute bar to award the Contract to any bidder not possessing said license at the time of award. Any Contract awarded to a contractor who was not properly licensed at the time of award or at any time during the Contract period shall be void pursuant to Section 7028.15 of the Business and Professions Code. The Agency shall verify that a contractor is properly licensed prior to the award of the Contract as part of determining the lowest responsible and responsive bidder.

14. CONTRACTOR'S REQUIRED SHARE OF CONTRACT WORK

In accordance with Subsection 2-3.2, Self Performance of the Standard Specifications for Public Works Construction, the Contractor shall perform, with its own personnel from within its organization, Contract work amounting to at least fifty percent (50%) of the Contract Price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of work required to be performed by the Contractor with its own personnel [i.e. the percentage of work which will not be performed by a Bidder’s own forces will be determined by (1) adding the dollar value of all contracts shown on the list of subcontractors (excluding the dollar amount of any specialty items), then (2) dividing such total by the Bidder’s Total Bid Amount (excluding the dollar amount of specialty bid items)].

Specialty Items shall be as listed in Subsection 2-3.2 (“Self Performance.”) of the latest edition of the San Diego Regional Supplement of the Standard Specifications for Public Works Construction (“Greenbook”) and as identified with an “S” in the Bid Item Number column of the BID SCHEDULE.

15. ANNUAL PUBLIC WORKS BIDDER REGISTRATION (SB 854)

In accordance with the provisions of California Senate Bill 854, passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects must register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner’s Office.

In accordance with the provisions of Section 1771.1(a) of the California Labor Code, a

contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the

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registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Contract is awarded. Prime contractors and their

subcontractors must possess and maintain such registration with DIR in order to be awarded contracts and to perform work.

The Agency will verify that the contractors or subcontractors that bid on, or are listed in the bid proposal of, this Contract are currently registered and qualified to perform public work

pursuant to Section 1725.5 in the State of California through the following URL website link at:

https://efiling.dir.ca.gov/PWCR/Search.action

In accordance with the provisions of Section 1771.1(a) of the California Labor Code – the Agency will not accept a bid or enter into a Contract without proof of the contractor’s current registration to perform public works pursuant to Section 1725.5.

In accordance with the provisions of Section 1773.3 of the California Labor Code, the Agency will provide notice to the Department of Industrial Relations of any public works Contract within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work, using the online PWC-100 “Extract of Public Works Contract Award” form, which can be found at:.

https://www.dir.ca.gov/pwc100ext/LoginPage.aspx

The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract.

16. MODIFICATION AND WITHDRAWAL OF THE BID

Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids provided that such telegraphic communication is received by the Agency prior to said closing time, and provided further, that the Agency receives a full written confirmation of the telegraphic communication, such confirmation having been mailed prior to said closing time. Any bidder may also modify his bid by written document received by the Agency prior to said closing time provided that it shall be the responsibility of the bidder to ensure receipt of such document by the Agency prior to said closing time. Any telegraphic or written modification so received will be read aloud at the time and place fixed for opening and reading bids.

A bidder may withdraw his bid before the hour fixed for opening bids, without prejudice to himself, by submitting a written request to the Agency for its withdrawal, and his bid will be returned to him unopened when reached in the procedure of opening bids. No proposal may be withdrawn after the hour fixed for opening bids without rendering the accompanying certified or

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cashier's check or bidder's bond subject to forfeiture as liquidated damages in like manner as in the case of failure to execute the Contract after award, as hereinafter provided.

After the bids have been publicly opened, they shall not be withdrawn by the Bidders for a period of at least ninety (90) calendar days subject to the execution stated in the paragraph below. The ninety (90) calendar day review period may be extended by the Agency and written approval by the Bidder.

A Bidder shall be permitted to withdraw a bid after the opening of the bids only if the Bidder established to the satisfaction of the Agency ALL of the following:

a) A clerical error was made by the Bidder in filling out the bid; and the error was not due to: 1) an error in judgment;

2) an error in inspecting the site of the Work, or;

3) an error in reading the Plans and Contract Documents.

b) The clerical error made the bid materially different than the Bidder intended the bid to be. c) The Bidder gave the Agency written notice within five (5) Working Days excluding Saturdays,

Sundays, and State holidays, after the opening of the bids, in which said notice specifies in detail the nature of the error and how the error was made per Public Contract Code 5103(b).

17. ADDRESS AND MARKING OF PROPOSAL

The envelope enclosing the proposal shall be sealed and addressed to the City Clerk of the chartered City of Vista and delivered or mailed to City of Vista Civic Center, 200 Civic Center Drive, Vista, California 92084-6275. The envelope shall be plainly marked in ink with the name and address of the bidder and shall bear the words "SEALED BID FOR", followed by the title of the Project for the Work and the date and hour of opening of the bids. If mailed, the envelope should be clearly marked “DO NOT OPEN WITH REGULAR MAIL.”

18. PUBLIC OPENING OF BIDS

No bid received after the time named or at any place other than the place stated in the Notice Inviting Bids shall be considered. All valid bids shall be opened and declared publicly. Bidders, their representatives, and others interested are invited to be present at the opening. The apparent low Bidder will be announced on the basis of the total bid.

A tabulation of all bids received will be made public, and bid documents will be made available for public inspection by appointment or electronically upon request.

After the bids are publicly opened, the Agency shall review all bids for responsiveness, compare the bids to the Engineer’s Opinion of Probable Cost and investigate the responsibility and qualifications of all Bidders to whom the award is contemplated, for a period not to exceed ninety (90) calendar days after the Bids have been opened. Based on the findings from the review of the Bids, the Agency will provide a Notice of Intent to Award a contract to all bidders.