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(1)

SPECIFICATIONS

FOR

MONROVIA STATION SQUARE PUBLIC IMPROVEMENTS –

ON-SITE PROJECT NO. G-866

CITY OF MONROVIA

DEPARTMENT OF PUBLIC WORKS

Carl Hassel

Director of Public Works

July, 2014

City of Monrovia

600 S. Mountain Avenue

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i

TABLE OF CONTENTS

TABLE OF CONTENTS ... i

NOTICE INVITING BIDS ... 1

INSTRUCTION TO BIDDERS ... 4

CONTRACTOR'S PROPOSAL ... 8

BIDDING SCHEDULE ... 9

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA ... 19

BIDDER'S DECLARATION ... 20

BID BOND ... 23

NONCOLLUSION AFFIDAVIT ... 25

DECLARATION OF BIDDER’S QUALIFICATIONS ... 26

DECLARATION OF SUBCONTRACTORS ... 29

CONSTRUCTION PROJECT REFERENCE ... 31

BIDDER’S ASSURANCE ... 32

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION ... 34

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS ... 35

FAIR EMPLOYMENT PRACTICES IN CONTRACTS ... 37

CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS ... 38

WORKERS’ COMPENSATION INSURANCE CERTIFICATE ... 39

STATUTORY PROVISIONS FOR CONSTRUCTION CONTRACT CLAIMS ... 40

STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS ... 41

AGREEMENT ... 44

FAITHFUL PERFORMANCE BOND... 45

PAYMENT BOND ... 47

SPECIAL PROVISIONS ... 49

TECHNICAL PROVISIONS ... 50

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1

NOTICE INVITING BIDS

Notice is hereby given that the City of Monrovia, California, will receive sealed bids at the office

of the City Clerk, City Hall, 415 South Ivy Avenue, Monrovia, California, until 11:00am on xxx,

2014 for:

TITLE:

MONROVIA STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE

PROJECT NO. G-866

At the time designated for receiving sealed bids for all work on said Project, the bids will be

publicly opened, examined, and read aloud.

All bids for the work must be in writing, must be sealed, and must be plainly marked on the

outside: “BID FOR:

MONROVIA STATION SQUARE PUBLIC IMPROVEMENTS –

ON-SITE PROJECT NO. G-866”. Any bid received after the hour stated above for any reason

what so ever, will not be considered for any purpose but will be returned, unopened, to the

bidder.

Each bidder must submit a proposal to the City of Monrovia, c/o City Clerk, on one set of the

standard forms available for the bidders use. Said proposal is to be accompanied by either a cash

deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Monrovia,

in an amount not less than ten percent (10%) of the total bid submitted.

The envelope enclosing the proposal shall be sealed and addressed to the City of Monrovia, c/o

City Clerk, and delivered or mailed to the City of Monrovia at 415 S. Ivy Avenue, Monrovia, CA

91016. The envelope shall be plainly marked in the upper left-hand corner as follows:

City of Monrovia, c/o City Clerk

Bidder’s Name

Bidder’s Address

Bidder’s Trade

MONROVIA STATION SQUARE PUBLIC IMPROVEMENTS –

ON-SITE PROJECT

Project No. G-866

Open Only at: 11:00am xxx, 2014

City Hall–City Clerk’s Office

415 S. Ivy Avenue, Monrovia, CA 91016

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GENERAL DESCRIPTION OF WORK: The general scope of work consists of: paving,

landscaping, site structures, fountains, lighting, utilities, signage with decorative elements, site

furnishings and preparation and implementation of environmental requirements including

furnishing all labor, materials, tools and equipment, and all incidental and appurtenant work

necessary for the completion of construction of the MONROVIA STATION SQUARE

PUBLIC IMPROVEMENTS – ON-SITE PROJECT NO. G-866.

TIME OF COMPLETION: All work indicated in the contract plans and specification shall be

completed within XX (XX) working days, after the date set forth as stated in the notice to

proceed. Liquidated damages are in effect in the amount of $5,400.00 per calendar day for

non-completion of work within the contract period of XX (XX) working days..

FEDERAL REQUIREMENTS: The work to be performed under this contract is subject to all

Federal Requirements including, but not limited to , the Davis Bacon Act, Non-Discrimination,

Equal Employment Opportunity and Federal Labor Provisions.

GENERAL PREVAILING WAGE REQUIREMENT: The successful bidder will be required to

pay the prevailing wage scale pursuant to the provisions of Sections 1770 to 1777, inclusive, of

the Labor Code of the State of California or the Federal Davis-Bacon Act which ever are higher

rates. Prevailing wages are those in effect at the time the work is actually being performed. The

federal minimum wage rates are available directly from the Department of Labor Home Page at

http://www.access.gpo.gov/davisbacon/CA.html

.

The City of Monrovia reserves the right to reject any or all bids and waive any informality or

irregularity in any bid received and to be the sole judge of the merits of the respective bids

received. The award, if made will be to the lowest responsible bidder as so determined by the

City.

Plans and Specifications on a compact disc (CD) may be picked up at the Public Works

Department, 600 S. Mountain Avenue, Monrovia, CA 91016, by paying a non-refundable fee of

$10.00 per set. Plans and Specifications (CD) will be mailed by U.S. Mail for an additional

charge of $15.00 per set or sent by an express delivery service using the bidder's account number

or the bidder must pay the City in advance for the express service delivery. The City however

does not guarantee the timely delivery of the requested plans and specifications.

The actual payment to the contractor shall be on the basis of actual quantities of work completed

and accepted by the City.

PRE-BID CONFERENCE OR PROJECT FIELD WALK THROUGH: A non-mandatory pre-bid

meeting will be held on X X X, 2014 at 10:00 a.m. at the Public Works Training Room, 600 S.

Mountain Avenue, Monrovia CA 91016. Attendance is not mandatory, but recommended.

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INSTRUCTION TO BIDDERS

FORM OF PROPOSAL: The Proposal shall be fully executed and submitted on the forms

provided by the City of Monrovia and shall be enclosed in a sealed envelope marked and

addressed as directed herein. One (1) separate set of proposal forms have been included in each

copy of the Contract Documents to be used by the bidder for submittal of his bid.

DELIVERY OF PROPOSAL: The Proposal shall be delivered by the time and to the place

stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal

is received as stipulated. Any Proposal received after the scheduled closing time for receipt of

proposals will be returned to the bidder unopened. In order to guard against premature opening

of the Bids, Bidders shall submit their Bids and accompanying documents in a sealed inner

envelope which in turn shall be enclosed in a sealed outer envelope. Both envelopes should be

addressed as follows:

City of Monrovia, c/o City Clerk

415 South Ivy Avenue

Monrovia, CA 91016-2888

____________________________________________________________________ (Name of Bidder/ Bidder’s Address/ Bidder’s Trade)

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE

PROJECT NO. G-866

Open Only at: xxx

PROPOSAL DOCUMENTS:

All Proposals shall include the following executed documents to be submitted with each bid:

• Bidding Schedule • Indemnification and Hold Harmless Agreement and

Waiver of Subrogation and Contribution

• Acknowledgment of Receipt of Addenda • Agreement to comply with California Labor Law Requirements

• Bidder’s Declaration • Fair Employment Practices in Contracts

• Bid Bond • Certificate of Non-Discrimination by Contractors

• Noncollusion Affidavit • Workers’ Compensation Insurance Certificate • Declaration of Bidder’s Qualifications • Statutory Provision for Construction Contract

Claims

• Designation of Subcontractors • Statement Acknowledging Penal and Civil Penalties

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WITHDRAWAL OF PROPOSAL: The Proposal may be withdrawn by the bidder by means of a

written request, signed by the bidder or its properly authorized representative. Such written

request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of

proposals prior to the scheduled closing time for receipt of proposals. No Proposal may be

withdrawn after the hour fixed for opening bids.

MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions, limitations,

or provisions attached to the Proposal will render it informal and may cause its rejection. The

completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative

proposals will not be considered unless specifically requested. Oral, telegraphic, facsimile, or

telephonic proposals or modifications will not be considered.

DISCREPANCIES IN PROPOSALS: In the event there is more than one bid item in a Bidding

Schedule, the bidder shall furnish a price for each and all bid items in the Schedule, and failure to

do so may render the Proposal informal and may cause its rejection. The bidder shall state in

words and figures the unit prices or the specific sums as the case may be, for which it proposes to

supply the labor, materials, supplies, or machinery, and completely perform the Contract. The

total amount of each item bid and the total amount of the bid shall be stated in both figures and

words. If the unit price and the total amount named by a bidder for any items are not in

agreement, the unit price alone will be considered as representing the bidder's intention and at the

time of the bid document review by the City the total will be changed by the City to conform

thereto.

PROPOSAL GUARANTEE: Each proposal shall be in accordance with the plans, specifications

and other contract documents and shall be accompanied by an unconditional certified cashier's

check, cash or a bidder's bond, in an amount not less than ten (10) percent of the total bid

submitted in the proposal. Said check or bond shall be made payable to the City of Monrovia

and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract

within ten (10) calendar days after date of written Notice of Award and will furnish satisfactory

Faithful Performance Bond, and Payment Bond, each of said bonds to be in the amount stated in

the Notice Inviting Bids. All bonds submitted to the City must be with an Insurance Company

with a surety rating of “A” or above as rated by A.M. Best, Duff and Phelps, Moody’s, Standard

and Poor’s or Weiss Research. In case of refusal or failure to enter into said contract, each check

or bond, as the case may be, shall be forfeited to the City. If the bidder elects to furnish a Bid

Bond as his/her proposal guarantee, he/she shall use the form herein, or one conforming

substantially to it in form. The Contractor will also be required to furnish a certificate that he/she

carries compensation insurance covering his/her employees upon work to be done under this

contract, which may be entered into between him/her and the City of Monrovia for the

construction of said work.

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COMPETENCY OF BIDDER’S: In selecting the lowest responsible bidder, consideration will

be given not only to the financial standing but also to the general competency of the bidder for

performance of the work covered by the proposal. To this end, each proposal shall be supported

by a statement of the bidder’s experience as to recent date on the form entitled “DECLARATION

OF BIDDER’S QUALIFICATIONS & ASSURANCE” bound herein. No proposal for work will

be accepted from a contractor who is not licensed in accordance with applicable state law.

Contractor shall possess a valid State of California Contractor’s License Class ‘A’ (General

Engineering Contractor), and must maintain this valid license throughout the duration of the

contract and project’s final completion.

DISQUALIFICATION OF BIDDERS: More than one proposal form from an individual, firm,

partnership, corporation, or association under the same or different manes will not be considered.

Reasonable grounds for believing that any bidder is interested in more than one proposal for the

work contemplated will cause the rejection of all proposals in which such bidder is interested. If

there is reason for believing that collusion exists among the bidders, all bids will be rejected and

none of the participants in such collusion (Non-collusion Affidavit) will be considered for future

proposals.

RETURN OF PROPOSAL GUARANTEE: Within ten (10) days after award of the contract, the

City will return all proposal guarantees, except bonds, to their respective bidder except those

accompanying proposals submitted by the three (3) lowest responsible bidders. Those three (3)

will be held until the contract has been finally executed after which they will be returned to the

respective bidders whose proposal they accompany.

AWARD OF CONTRACT: Award of a contract, if it be awarded, will be made to the lowest

responsible bidder whose proposal complies with all the requirements prescribed. The City

reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards

in the interest of the City. The award, if made, will normally be made within 30 days of the date

for receipt of proposals.

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NON-DISCRIMINATION IN EMPLOYMENT: Contracts for work under this proposal will

obligate the contractors and subcontractors not to discriminate against any person on account of

age, race, color, religion, sex or national origin. This contract is subject to the State contract

nondiscrimination and compliance requirements pursuant to Government Code Section 12990.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,

national origin, or sex in the performance of this contract. The contractor shall carry out

applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and

administration of US DOT assisted contracts. Failure by the contractor to carry out these

requirements is a material breach of this contract, which may result in the termination of this

contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by

the bidder must include this assurance.

LABOR NONDISCRIMINATION: Attention is directed to the following Notice that is required

by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM

(GOV. CODE, SECTION 12990)

Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A (4),

"Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt

state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction

Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt

federally funded construction contracts and subcontracts of $5,000 or more.

RACE NEUTRAL DISADVANTAGED BUSINESS ENTERPRISES (DBE): (This requirement

does not apply for this project.) It is the City's policy to comply with Part 23 of Title 49, Code

Federal Regulations regarding the utilization of Race Neutral Disadvantaged Business

Enterprises (DBE). Attention of bidders is drawn to the Contractor's obligation under these

regulations. The City has set an annual goal of ten percent (10%) for the utilization of DBE’s.

The Contractor shall make a good faith effort to meet this minimum goal.

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CONTRACTOR'S PROPOSAL

Business Name:

______________________________

Business Address:

______________________________

______________________________

State License Number:

______________________________

Phone Number & Fax Number:

______________________________

To the City Council

City of Monrovia

415 S. Ivy Avenue

Monrovia, CA 91016

The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and

services necessary to perform all work required under the City's Specifications entitled:

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

In accordance with the intent of said Specifications, Drawings and all Addenda issued by said

City prior to opening of the proposals.

Said bidder agrees that within ten (10) calendar days after receipt of written Notice of Award of

the Contract by said City, the bidder will execute a contract in the required form, of which the

Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, Drawings and all

Addenda issued by said City prior to the opening of proposals, are part, and will secure the

required insurance and bonds; and that upon failure to do so within said time, then the proposal

guarantee furnished by said bidder shall be forfeited to said City as liquidated damages for such

failure; provided, that if said bidder shall execute the contract and secure the required insurance

and bonds within said time, his/her check, if furnished shall be returned to him/her within ten

(10) days thereafter, and the Bid Bond, if furnished, shall become void.

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BIDDING SCHEDULE

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

CITY COUNCIL

CITY OF MONROVIA

415 SOUTH IVY AVENUE

MONROVIA, CALIFORNIA 91016

The undersigned declares that he/she has carefully examined the location of the proposed work,

that he/she has examined the drawings and specifications and read the accompanying instructions

to bidders, the Contract Documents, and hereby proposes to do all work in accordance with said

drawings and specifications for the unit price or lump sum set forth in the following schedule and

agrees to furnish all labor, materials, equipment, tools, transportation and services to do all work

required for:

PROJECT TITLE:

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

1. 1 LS Restroom Building In Figures In Figures

In Words In Words

2. 1 LS Stage Canopy In Figures In Figures

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

3. 1 LS Trash Enclosure In Figures In Figures

In Words In Words

4. 6 EA Picnic Table with benches In Figures In Figures

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

5. 10 EA Interpretive signs In Figures In Figures

In Words In Words

6. 3 EA Fountain In Figures In Figures

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

7. 5 EA Information Kiosks In Figures In Figures

In Words In Words

8. 3 EA Chess Table with benches In Figures In Figures

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

9. 1 EA Monument Sign In Figures In Figures

In Words In Words

10. 1 EA Steam Engine Play Element In Figures In Figures

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

11. 11 EA Park Bench In Figures In Figures

In Words In Words

12. 1 LS Parking Structure Murals In Figures In Figures

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ITEM NO.

ESTIMATED QUANTITY

UNIT DESCRIPTION OF WORK UNIT PRICE ITEM TOTAL

13. 1 EA Themed Play Element In Figures In Figures

In Words In Words

14. 9 EA Bike Racks In Figures In Figures

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(Item 1 through 15)

TOTAL $_______________

(In Figures)

________________________

__________________________________________________________ (In Words)

Attached hereto is cash, a certified check, a cashier’s check, or a bidder’s bond in the amount of

____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________ (Dollars) ($_________________________) said amount being not less than ten (10) percent of the net amount of the bid. It is agreed a portion of said bidder's bond amount equal to the difference between the low bidder and next bidder for which an award of contract is entered into by the City shall be retained as liquidated damages by the City of Monrovia if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

___________________________________________________ Bidder (Company Name)

_____________________________ _____________________

Authorized Signature Title

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ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – OFF-SITE PROJECT

NO. G-866

The undersigned hereby acknowledges receipt of:

Addenda No. __________________________________________________________________ Dated Addenda No. __________________________________________________________________ Dated Addenda No. __________________________________________________________________ Dated Addenda No. __________________________________________________________________ Dated Addenda No. __________________________________________________________________ Dated Addenda No. __________________________________________________________________ Dated Addenda No. __________________________________________________________________ Dated

PROPER NAME OF BIDDER: _____________________________________________

BY: _____________________________________________

Signature of Bidder

ADDRESS: _____________________________________________

_____________________________________________ Street, City & Zip Code

_____________________________________________ Phone Number

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BIDDER'S DECLARATION

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the

Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the

Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the Plans and

Specifications, the Special Provisions, the Trade Sections, and the Federal Requirements.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied

himself as to the nature and location of the work and fully informed himself as to all

conditions and matters which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words

and figures inserted in this Proposal and he/she further understands that the City of

Monrovia will not be responsible for any errors or omissions in the preparation of the

Proposal by the bidder.

4. The undersigned agrees and acknowledges that he/she is aware of the provisions of

Section 3700 of the State Labor Code which requires every employer to be insured

against liability for workers' compensation or to undertake self-insurance in accordance

with the provisions of that Code, and that the undersigned will comply with such

provisions before executing the Contract if it is awarded to the undersigned.

The undersigned will begin work after award of Contract and a Notice to Proceed to

Construct has been given as herein specified, and provided all requirements in regard to

bonds and insurance have been satisfied and will complete said work within the time

specified in the Bidding Schedule.

The undersigned will execute the Contract and furnish the required statutory bonds and

certificates of insurance within the period of time specified in the Contract Documents.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made

in the interest or on behalf of a person not herein named, and the undersigned has not

directly or indirectly induced or solicited any other bidder to put in a sham bid nor

induced any other person, firm, or corporation to refrain from bidding. The undersigned

has not in any manner sought by collusion to secure for himself any advantage over any

other bidder.

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damages an amount equal to the difference between the low bid and amount of the bid of

the bidder with whom the City of Monrovia enters into a Contract, and the surplus, if any,

shall be returned to the lowest bidder in accordance with the provisions of the Public

Contracts Code Sec. 20174 in the event of his failure to execute a Contract and furnish

required bonds and insurance therefor within the time provided.

7. This bid will not be withdrawn within a period of sixty (60) days after the date of its

proper opening by the City of Monrovia. Should the City request and the bidder concur

the bid may remain valid beyond the sixty (60) day period.

8. The undersigned bidder states under penalty of perjury that the representations made in

submitting this bid are, to the best of his/her knowledge, true, accurate and complete.

9. The undersigned Bidder understands and agrees that the City of Monrovia reserves the

right to reject any or all bids.

Where there are base bid items and alternative

additional/deductive bid items, the City reserves the right to award the base bid items and

none of the alternative additional/deductive bid items or to award the base bid items and

one or more of such additional/deductive bid items or to award the base bid items and to

award any combination of the alternative deductive bid items.

10. The undersigned Bidder certifies that in all previous contracts or subcontracts, all reports

which may have been due under the requirements of any AGENCY, State or Federal

equal employment opportunity orders have been satisfactorily filed, and that no such

reports are currently outstanding.

11. The undersigned Bidder certifies that affirmative action has been taken to seek out and

consider minority and disadvantaged business enterprises for those portions of the work

to be subcontracted, and that such affirmative action have been fully documented, that

said documentation is open to inspection, and that said affirmative action will remain in

effect for the life of any contract awarded hereunder. Furthermore, bidder certifies that

affirmative action will be taken to meet all equal employment opportunity requirements

of the contract documents.

12. The undersigned bidder certifies that he/she does not maintain or provide for his

employees any segregated facilities at any of his establishments, and that he/she does not

permit his employees to perform their services at any location under this control where

segregated facilities are maintained. The bidder certifies further that he/she will not

maintain or provide for his employees any segregated facilities at any of his

establishments, and that he/she will not permit his employees to perform their services at

any location under his control where segregated facilities are maintained. The bidder

agrees that a breach of this certification will be a violation of the Equal Opportunity

clause in any contract resulting from acceptance of this bid.

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locker rooms and other storage or dressing areas, parking lots, drinking fountains,

recreation or entertainment areas, transportation, and housing facilities provided for

employees which are segregated by explicit directive or are in fact segregated on the basis

of race, color, religion, or national origin, because of habit, local, custom or otherwise.

The bidder agrees that (except where he/she has obtained identical certification from the

provisions of the Equal Opportunity clause), he/she will retain such certifications in his

files.

Respectfully submitted,

By_________________________________

Contractor's Business Name

Owner

By _________________________________

Business Address: Street

Title

____________________________________

City

State Zip

Contractor's License No. and

Classification:________________________

Expiration Date: ______________________

______________________________

Business Phone Number

____________________________________

Fax Number

Date

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BID BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Monrovia ("City") has issued an invitation for bids for the work

described as follows:

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

WHEREAS____________________________________________________________________

(Name and address of Bidder)

("Principal"), desires to submit a bid to said City to perform all work required under the City’s

Plan and Specification.

WHEREAS, bidders are required under the provisions of the California Public Contract Code to

furnish a form of bidder's security with their bid.

NOW, THEREFORE, we, the undersigned Principal, and _______________________________

______________________________________________________________________________

(Name and address of Surety)

("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are

held and firmly bound unto City in the penal sum of _____________________________

______________________________________________________________________________

Dollars ($_______________), being not less than ten percent (10%) of the total bid price in

lawful money of the United States of America, for the payment of which sum well and truly to be

made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and

severally, firmly by these presents.

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IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on

the date set forth below, the name of each corporate party being hereto affixed and these presents

duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:_____________________________

"Principal"

"Surety"

___________________________________ _______________________________________

By:________________________________ By:____________________________________

Its:________________________________ Its:____________________________________

By:________________________________ By:____________________________________

Its:________________________________ Its:____________________________________

(Seal)

(Seal)

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NONCOLLUSION AFFIDAVIT

To:

The City of Monrovia, California:

That undersigned, in submitting a bid for performing the following work by contract,

being duly sworn, deposes and says:

That undersigned has not, either directly or indirectly, entered into any agreement,

participated in any collusion, or otherwise taken any action in restraint of free competitive

bidding in connection with the following contract:

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

State of California

)

) ss.

County of Los Angeles

)

__________________________, being first duly sworn, deposes and says that he or she is

_____________________ of ________________________________ the party making the

foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person,

partnership, company, association, organization, or corporation; that the bid is genuine and not

collusive or sham; that the bidder has not directly or indirectly induced or solicited any other

bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,

connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall

refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by

agreement, communication, or conference with anyone to fix the bid price of the bidder or any

other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other

bidder, or to secure any advantage against the public body awarding the contract of anyone

interested in the proposed contract; that all statements contained in the bid are true; and, further,

that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown

thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will

not pay, any fee to any corporation, partnership, company association, organization, bid

depository, or to any member of agent thereof to effectuate a collusive or sham bid.

Signature_________________________________

Subscribed and sworn to before me on

_________________________________________

(Date)

(Notary Seal)

Signature _________________________________

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26

DECLARATION OF BIDDER’S QUALIFICATIONS

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information he desires.

1. Name of Bidder: _________________________________________________________

2. Permanent Main Office Address: ____________________________________________

3. Treasury Number: ________________________________________________________

4. Number and Classification of License: ________________________________________

5. When organized: _________________________________________________________

6. If a corporation, when incorporated: __________________________________________ 7. How many years have you been engaged in the business involved in this job under your

present firm or trade name?

______________________________________________________________________________ 8. Contracts on hand: Show amount of each contract and the anticipated dates of

completion:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 9. General Character of work performed by your company:

______________________________________________________________________________ ______________________________________________________________________________ 10. Have you ever failed to complete work awarded you?

______________________________________________________________________________ 11. Have you ever defaulted on a contract?

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27

12. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 13. List major equipment available for this contract:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 14. List experience in work similar in importance to this project:

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15. Background and experience of the principal members of your organization, including the officers:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 16. Will you, upon request, fill out a detailed financial statement and comply with other

reasonable requests of the City of Monrovia for information?

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The undersigned hereby authorizes and requests any person, firms, or corporation to furnish any information requested by the City of Monrovia in verification of the recitals comprising this declaration of bidder's qualifications.

I declare under penalty of perjury that the foregoing is true and correct.

______________________________________ _______________________________

Place where signed Contractor

_____________________________________ _______________________________

Date Signature of Authorized

Representative of Bidder _______________________________

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29

DECLARATION OF SUBCONTRACTORS

[Public Contract Code Section 4104]

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

Public Contract Code 4104 provides as follows:

Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:

(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

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31

CONSTRUCTION PROJECT REFERENCE

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed or in progress within the last 24 months. Your cooperation in this matter is greatly appreciated.

Number of years as a contractor in construction work of this type:________________________________

Three projects of this type recently completed:

1. ______________________________________________________________________________

Name and address of City

______________________________________________________________________________

Name of person familiar with project Telephone Number

______________________________________________________________________________

Contract Amount Type of Work Date Completed

2. ______________________________________________________________________________

Name and address of City

______________________________________________________________________________

Name of person familiar with project Telephone Number

______________________________________________________________________________

Contract Amount Type of Work Date Completed

3. ______________________________________________________________________________

Name and address of City

______________________________________________________________________________

Name of person familiar with project Telephone Number

______________________________________________________________________________

Contract Amount Type of Work Date Completed

Bidder's Signature _____________________________________

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32

BIDDER’S ASSURANCE

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

FROM: Name of Bidder: __________________________________________________________ Business Address: __________________________________________________________ __________________________________________________________ Telephone No: (___) _____________________________________________________ TO:

City Council, c/o City Hall City of Monrovia, California City Council:

Pursuant to your published Notice Inviting Bids for:

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

The undersigned declares that they have carefully examined the location of the proposed work; that they have carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders; and hereby proposes to furnish all materials, machinery, tools, labor, and services, and do all the work necessary to complete the project in accordance with said Plans and Specifications, and other Contract Documents, at the Item prices specified in the Bidding Schedule within the contract time.

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34

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF

SUBROGATION AND CONTRIBUTION

Contract/Agreement/License/Permit No. or description__________________________________ ______________________________________________________________________________ Indemnitor(s) (list all names:)

To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Monrovia, and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accounts, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above referenced contract, agreement, license, or permit (the "Agreement") or the performance or failures to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code 2782(a) or the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on behalf of itself and all parties claiming under or through it hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

In the event there is more than one person or entity names in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor"

Name:_____________________________ Name:_________________________________

By:________________________________ By:____________________________________

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35

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

[Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

The undersigned Contract certifies that it is aware of and hereby agrees to fully comply with the

following provision of California law:

1.

Contractor acknowledges that this contract is subject to the provisions of Division 2, Part

7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to

public works and the awarding public agency ("Agency") and agrees to be bound by all

the provisions thereof as though set forth in full herein.

2.

Contractor agrees to comply with the provisions of California Labor Code Section 1773.8

which requires the payment of travel and subsistence payments to each worker needed to

execute the work to the extent required by law.

3.

Contractor agrees to comply with the provisions of California Labor Code Sections 1774

and 1775 concerning the payment of prevailing rates of wages to workers and the

penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the

Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof,

for each worker paid less than the prevailing rate as determined by the Director of

Industrial Relations for the work or craft in which the worker is employed for any public

work done under the contract by Contractor or by any subcontractor.

4.

Contractor agrees to comply with the provisions of California Labor Code Section 1776

which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)

certify and make such payroll records available for inspection as provided by Section

1776, and (3) inform the Agency of the location of the records. The Contractor is

responsible for compliance with Section 1776 by itself and all of its subcontractors.

5.

Contractor agrees to comply with the provisions of California Labor Code Section 1777.5

concerning the employment of apprentices on public works projects, and further agrees

that Contractor is responsible for compliance with Section 1777.5 by itself and all of its

subcontractors.

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36

7.

California Labor Code Sections 1860 and 3700 provide that every contractor will be

required to secure the payment of compensation to its employees. In accordance with the

provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

"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 to

accordance with the provisions of that code, and I will comply with such provisions before

commencing the performance of the work of this contract."

Bidder’s Name ______________________________________________________________

Date______________________

By__________________________________________

Signature

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37

FAIR EMPLOYMENT PRACTICES IN CONTRACTS

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

The City of Monrovia has a policy whereby the City does not do business with any firm that

discriminates against any employee or applicant for employment because of race, color, religion,

sex, or national origin.

Accordingly, every contract or subcontract of the City in excess of $5,000 for public works, or

for goods and services, must be accompanied by a Certificate of Non-Discrimination, obligating

the contractor or subcontractor to observe the requirements specified therein.

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38

CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

As suppliers of goods or services to the City of Monrovia, the firm listed below certifies that it

does not discriminate in its employment with regard to race, color, religion, sex, or national

origin; that it is in compliance with all applicable federal, state, and local directives, and

executive orders regarding non-discrimination in employment; and that it agrees to pursue

positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote

opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company

employees, outside recruiting services, especially those serving minority

communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

________________________________

___________________________________

Firm

Signature

___________________________________

Title

___________________________________

Date

Please include any additional information available regarding equal opportunity employment

programs now in effect within your company:

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39

WORKERS’ COMPENSATION INSURANCE CERTIFICATE

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

The Contractor shall execute the following form as required by the California Labor

Code, Sections 1860 and 1861:

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STATUTORY PROVISIONS FOR CONSTRUCTION CONTRACT CLAIMS

[Public Contract Code Section 20104]

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of

Division 2, Part 3 of the California Public Contract Code regarding the resolution of public

works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of

claims and supporting documentation by the contractor, for the response to such claims by the

contracting public agency, for a mandatory meet and confer conference upon the request of the

contractor, for mandatory non-binding mediation in the event litigation is commenced, and for

mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This

contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

I, the undersigned Contractor, acknowledge that this contract is subject to the provisions of

Section 20104 of the California Public Contract Code relating to construction contract claims and

agree to be bound by all the provisions thereof as set forth in full herein.

Bidder’s Name ______________________________________________________________

Date______________________

By__________________________________________

Signature

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41

STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE

CONTRACTORS' LICENSING LAWS

[Business & Professions Code § 8028.15] [Public Contract Code § 20103.5]

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

I, the undersigned, certify that I am aware of the following provisions of California Law and that

I, or the entity on whose behalf this certification is given, hold a currently valid California

contractor's license as set forth below:

Business & Professions Code § 7028.15:

(a)

It is a misdemeanor for any person to submit a bid to a public agency in

order to engage in the business or act in the capacity of a contractor within

this state without having a license therefor, except in any of the following

cases:

(1)

The person is particularly exempted from this chapter.

(2)

The bid is submitted on a state project governed by Section 10164 of the

Public Contract Code or on any local agency project governed by Section

20104 [now § 20103.5] of the Public Contract Code.

(b)

If a person has been previously convicted of the offense described in this section,

the court shall impose a fine of 20 percent of the price of the contract under which

the unlicensed person performed contracting work, or four thousand five hundred

dollars ($4,500), whichever is greater, or imprisonment in the county jail for not

less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish

materials and labor on an hourly basis, "the price of the contract" for the purposes

of this subdivision means the aggregate sum of the cost of materials and labor

furnished and the cost of completing the work to be performed.

(c)

This section shall not apply to a joint venture license, as required by Section

7029.1. However, at the time of making a bid as a joint venture, each person

submitting the bid shall be subject to this section with respect to his or her

individual licensure.

(d)

This section shall not affect the right or ability of a licensed architect, land

surveyor, or registered professional engineer to form joint ventures with licensed

contractors to render services within the scope of their respective practices.

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42

considered non-responsive and shall be rejected by the public agency. Unless one

of the foregoing exceptions applies, a local public agency shall, before awarding a

contract or issuing a purchase order, verify that the contractor was properly

licensed when the contractor submitted the bid. Notwithstanding any other

provision of law, unless one of the foregoing exceptions applies, the registrar may

issue a citation to any public officer or employee of a public entity who knowingly

awards a contract or issues a purchase order to a contractor who is not licensed

pursuant to this chapter. The amount of civil penalties, appeal, and finality of

such citation shall be subject to Sections 7028.7 to 7028.13, inclusive. Any

contract awarded to, or any purchase order issued to, a contractor who is not

licensed pursuant to this chapter is void.

(f)

Any compliance or noncompliance with subdivision (e) of this section, as added

by Chapter 863 of the Statues of 1989, shall not invalidate any contract or bid

awarded by a public agency during which time that subdivision was in effect.

(g)

A public employee or officer shall not be subject to a citation pursuant to this

section if the public employee, officer, or employing agency made an inquiry to

the board for the purposes of verifying the license status of any person or

contractor and the board failed to respond to the inquiry within three business

days. For purposes of this section, a telephone response by the board shall be

deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted

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 agency 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 possess proper and adequate licensing

at the time of submittal of this bid shall constitute a failure to execute the contract

and may result in the forfeiture of the security of the bidder.

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CONTRACT DOCUMENTS

FOR

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

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44

AGREEMENT

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

CONTRACT DOCUMENTS

The Contract Documents, which constitute the entire agreement between the City and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Acknowledgment of Receipt of Addenda, Bidder's Declaration, Bid Bond, Non-collusion Affidavit, Declaration of Bidder's Qualification, Designation of Subcontractors, Construction Project Reference, Bidder's Assurance, Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution, Agreement to Comply with California Labor Law Requirements, Fair Employment Practice in Contracts, Certificate of Non-Discrimination by Contractors, Workers' Compensation Insurance Certificate, Statutory Provision for Construction Contract Claims, Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Laws; this Agreement; Standard Specifications; Special Provisions; Technical Sections; Drawings; Plans; and all addenda issued prior to and all modifications issued after the execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

EFFECTIVE DATE OF CONTRACT:

This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether City or Contractor, executes said Agreement. The City will thereafter issue a Notice to Proceed to the Contractor with the start date of XXX with the completion date of XXX.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized.

OWNER: City of Monrovia

Attest:

By: _______________________________________ By: ________________________________ Alice D. Atkins, CMC, City Clerk City Manager

Dated: _____________________________ APPROVED AS TO FORM: By: _______________________________________ City Attorney

CONTRACTOR:*

______________________________

Contractors Name By:________________________________________ By: ________________________________

Signature Date Signature Date

________________________________________ ___________________________________

Title Title

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FAITHFUL PERFORMANCE BOND

WHEREAS, The City of Monrovia, California, City has awarded to ___________________________________, hereinafter designated as "Principal", a Contract for:

FY 2014-2015 STATION SQUARE PUBLIC IMPROVEMENTS – ON-SITE PROJECT

NO. G-866

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;

NOW, THEREFORE, we,____________________________________________, as Principal, and ____________ ____________________________________________________________________________________________ as Surety, are held and firmly bound unto the City in the sum of _________________________________________ ______________________________________________________________________________________Dollars ($ ), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for 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. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the Plaintiff(s) and to the "City" in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents, or of the work to be performed thereunder, shall in any way effect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or modifications of the Contract Documents or of the work to be performed thereunder.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on this __________ day of _______________, 20_____, the name and corporate seal of each representative pursuant to authority of its governing body. ____________________________________________________________________________________________ Principal ____________________________________________________________________________________________ By ____________________________________________________________________________________________ Surety ____________________________________________________________________________________________ By Title

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46

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