NISB - City of Pomona

PURCHASINGSPECIFICATIONSubject:Sewer Trench Failures – Citywide,Project No 422-83025Page No: 1 of 14 Spec. No: 1600.4Effective Date:Approved By:October 23, 2012T. HamptonBid Due Date:November 12, 2012;4:00pmGENERAL:The work to be performed under this Contract shall consist of furnishing all tools, equipment, materials, andfurnishing all labor, transportation services, fuel, power, water, and communications, and performing all work andrelated operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. Thework shall be complete and all work, materials, and services not expressly specified or shown in the ContractDocuments which may be necessary for the complete and proper installation, construction or operation of the workshall be provided by the CONTRACTOR as though originally so indicated at no increase in cost to the CITY. Thisspecification describes the City's sewer trench replacement within the road right-of-way. The contractor is expectedto provide all materials and services that will fulfill or exceed the requirements and conditions as set forth in thisRequest for Bid Proposal (RFP).Prevailing WagesContractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such ratesshall be made available at the City Engineer's office or may be obtained online at http//www.dir.ca.gov/dlsr. andwhich must be posted at the job site.Legal Hours of Work and OvertimePursuant to Labor Code Section 1810, 1818, eight hours of work is a legal days work, and hours worked in excessof that amount must be paid as overtime at a rate of not less than one and one-half time the basic rate of pay. TheContractor and subcontractors shall keep an accurate record showing the name and actual hours worked for eachcalendar day and week for each workman. The Contractor shall pay a penalty of $25 per day for each violation ofthese wage provisions.MANDATORY PRE-BID MEETING:A mandatory pre-bid meeting will be held at 9:00 am on November 5, 2012 at the Water Yard located at 148North Huntington Street Pomona, CA 91766.SUBMITTAL INSTRUCTIONS:Sealed bids shall to be clearly marked “Sewer Trench Failures Project No 422-83025” on the outside of theenvelope or box. One (1) original and four (4) copies of the proposal shall be received in the Purchasing Divisionbefore the time of 4:00 P.M. (PST) on November 12, 2012 at which time all proposals will be opened. Sealedbids shall be addressed to:

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 2US Mail: City of Pomona Hand delivery, FedEx, UPS: City of PomonaPurchasing DivisionPurchasing DivisionP.O. Box 660505 South Garey Ave.Pomona, CA 91769 Pomona, CA 91766Late bids will not be accepted. Bids in the form of telegrams, telephone calls, facsimiles, e-mails or telex will notbe accepted. The City does not recognize UPS, FedEx, or other carriers in determining the date and time received.The Proposer shall carefully examine this RFP and any addenda that may be posted on the City’s website. TheProposer shall seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing. If theanswer materially affects the RFP, the information will be incorporated into an addendum and distributed to allProposers via the City’s website. All addenda will be numbered in sequence, dated as of the date of issue, andposted. It shall be the Proposer’s responsibility to check the City’s website to determine if any addenda have beenposted prior to the submittal deadline.No other letters or correspondence will be sent. Status of proposals is posted on the City website. Website address:http://www.ci.pomona.ca.us; Click on the “Business” link, click on “Current Bids and RFPs”, then click on“Construction Bids” to receive information regarding this RFP.COMPLETION OF WORK:All work to be done under this contract shall be completed within ten (10) consecutive working days, beginningon the date stipulated in the written "Notice to Proceed" issued by the City Engineer.INQUIRIESSection 2-975(2) of the Pomona City Code states that any unauthorized contact by the bidder during the bidor proposal process with an official or city employee, other than those shown on the RFP or bid, the FinanceDirector, or Purchasing Manager, shall cause the bidder to be immediately disqualified from considerationof award.In compliance with this code section only the following individuals may be contacted during this procurementprocess (from date of notice until date of award):Questions pertaining to the scope of work should be directed to Mr. Tim Hampton, Senior Water ResourcesEngineer at (909) 802-7420.Questions pertaining to the bid proposal process should be directed to Ms. Kennie Nicomede, Purchasing Managerat (909) 620-2039.SCOPE OF WORKGeneral:At time of bid submittal, the successful contractor shall possess a valid class “A” or “C-12” contractor’s licenseissued by the State of California Contractor’s License Board. Provide a printed copy of your contractor’s licenseinformation from the CSLB webpage at: www.cslb.ca.gov; Press “Check a license” and enter your contractor’slicense number.

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 3The contractor shall obtain and maintain a valid City of Pomona Business License during the course of the contract.The contractor shall be able to begin work on assigned projects within ten (2) days of notification.The Contractor will be required to provide three (3) references of companies/agencies whom your firm has providedor is currently providing service of a similar nature within the past 2 years. The listing shall include thecompany/agency name, contact name, address, phone number, and number of years service(s) were provided.Bid Item Description:1. Payment for Trench Repair shall be made at the contract unit price, complete and in accordance with theContract Documents, and as directed by the CITY. The contract unit price shall include: full compensationfor mobilization, demobilization, permits; furnishing labor, materials, tools and incidentals for performingall work involved in repairing the specified trenches including all costs for traffic control, pavementremoval, excavation, backfill compaction, compaction observation and testing, pavement restoration inaccordance with the Trench Restoration Method designated in Trench Replacement Summary Sheet; designand installation of sheeting, shoring, and bracing during sewer trench replacement, complete as specifiedherein, including but not limited to, preparation of sheeting and shoring design calculations, andconformance to all applicable laws; and also include removal and disposal of all excess materials.Construction Methods:STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION The Contractor shall conductoperations so as to cause minimum obstruction and inconvenience to the public. A traffic control plan shall be usedand must include the minimum requirements of Manual of Traffic Controls for Construction and Maintenance WorkZones of the Department of Transportation, State of California. The Contractor shall furnish flagmen and guardsas are necessary to give adequate warning to the public that roadway work is underway and of any dangerousconditions. Flagmen shall perform their duties and be provided with equipment in accordance with current"Instructions to Flagmen of the Department of Transportation, State of California.” The equipment shall befurnished, kept clean and in good repair by the Contractor at his own expense. The Contractor shall furnish, erect,maintain and regularly inspect barricades, lights, signs and other devices as are necessary to prevent accidents andavoid damage or injury to the public. These devices shall conform to the requirements set forth in the currentManual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways, issued by the Stateof California, Department of Transportation. Emergency vehicles shall be permitted to pass through the work area,without delay, at all times. Full compensation for complying with the work contained in this section and for trafficcontrol shall be included in the applicable bid item(s) and no additional compensation will be allowed therefor.Existing improvement(s) in areas adjoining the property whereon pavement repair is being performed shall beprotected from injury or damage resulting from operations of the Contractor. The Contractor shall be responsiblefor such damage. In like manner any building, structure, tree, shrub, or other item where pavement repair is beingperformed shall be similarly protected and preserved.The Contractor shall provide dust pallative equipment and methods as may be required to protect adjacent propertyfrom annoyance or damage from dust caused by his operations. Failure to control dust shall be cause for the CityEngineer to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect front theCity for any loss of time or expense sustained by him due to such suspension of work.

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 4While excavating and backfilling is in progress, traffic shall be maintained, and all utilities and other surfaceimprovements or property shall be protected, replaced or repaired to original conditions if damaged by theCONTRACTOR’s operations.Pavement Cutting:The asphalt pavement shall be saw cut (using a concrete saw) to a minimum depth equal to or greater than one-halfthe thickness thereof. The pavement shall be cut back 12 inches on each side of the trench or excavation wall. Anypavement damaged outside these lines shall be re-cut and restored at the expense of the Contractor. Should voidsdevelop under existing pavements during construction, those affected pavements shall be neatly saw cut in straightlines and replaced after the voids have been filled.Trench Excavation:Trench or substructure excavation shall include material of every description and of whatever substanceencountered, including rock and boulders. Pavement shall be cut with a saw along straight lines before excavating.Trenches shall be excavated to the depth indicated on the Trench Repair Summary Sheet.Excavation and dewatering shall be accomplished by methods which preserve the undisturbed state of subgradesoils. The trench may be excavated by machinery to, or just below the designated subgrade, provided that materialremaining in the bottom of the trench is no more than slightly disturbed.Clay and organic silt soils are particularly susceptible to disturbance due to construction operations. Whenexcavation is to end in such soils, the CONTRACTOR shall use a smooth-edge bucket to excavate the last one footof depth.Disposal of Materials:Excavated material shall be stacked without excessive surcharge on the trench bank or obstructing access tohydrants and gate valves. Inconvenience to traffic and abutters shall only be allowed as identified and approvedin the CITY Right of Way Permit obtained by the CONTRACTOR. Excavated material shall be segregated for usein backfilling as specified below.Should conditions make it impracticable or unsafe to stack material adjacent to the trench, the material shall behauled and stored at a location provided by the CONTRACTOR. When required, it shall be re-handled and usedin backfilling the trench.Trench Backfilling:Trench excavations to receive backfill shall be free of trash, debris or other unsatisfactory materials at the time ofbackfill placement. The bottom of the excavation should be scarified to a depth of at least 12-inches where possible.The scarified soils should be brought to near-optimum moisture content and compacted to at least 90 percent ofthe laboratory maximum dry density to produce a firm and unyielding surface. Fill should then be placed on thecompacted soils in loose lifts of eight (8) inches or less; moisture conditioned to within three (3) percent of optimumand compacted to at least 90 percent of the laboratory maximum dry density. Relative compaction is defined asthe ratio of the in-place soil dry density to the laboratory maximum dry density as determine by the ASTM D1557test method. Rocks larger than three (3) inches in the largest dimension should not be placed as backfill at the top

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 5five (5) feet below finish grade. Any oversized materials placed at deeper depth should be well mixed with finergrainedsoil. The contractor should select the equipment and processes to be used to achieve the specified densitywithout damage to adjacent ground, various facilities, utilities and completed work.Trench backfill shall be compacted by mechanical methods, such as sheepsfoot, vibrating or pneumatic rollers, ormechanical tampers, to achieve the density specified herein. The backfill materials shall be brought to within three(3) percent of optimum content for granular soils and above two (2) percent for fine-grained soils, then placed inhorizontal layers. The thickness of uncompacted layers should not exceed eight (8) inches. Each layer shall beevenly spread, moistened or dried as necessary, and then tamped or rolled until the specified density has beenachieved.The Contractor shall select the equipment and processes to be used to achieve the specified density without damageto adjacent ground and completed work.The field density of the compacted soil shall be measured by the ASTM D1556 or ASTM D2922 test methods orequivalent.Backfilling, compaction observation and field tests should be performed by a Technician certified to performCaltrans Test Method Numbers 216, 217, 557, and 125a during construction to confirm that the required degree ofcompaction has been obtained. Where compaction is less than that specified, additional compactive effort shall bemade with adjustment of the moisture content as necessary, until the specified compaction is obtained.It is the responsibility of the Contractor to maintain safe conditions during cut and/or fill operations.Trench backfill shall not be placed, spread or rolled during unfavorable weather conditions. When the work isinterrupted by heavy rain, fill operations shall not be resumed until field tests by the project’s geotechnicalconsultant indicate that the moisture content and density of the fill are as previously specified.Tack Coat Application:Tack coat shall be applied in accordance to Section 302-5.4 of the SSPWC.Placement of Asphalt Concrete:All work shall conform to the provisions in Section 302 “Roadway Surfacing” of the SSPWC, and these SpecialProvisions.The joints between old and new pavements or between successive days' work shall be carefully made in suchmanner as to ensure a continuous bond between old and new sections of the course. Edges of existing pavementshall be exposed and cleaned and edges cut to straight, vertical surfaces. All joints shall be painted with a uniformcoat of tack coat before the fresh mixture is applied.After final rolling, no vehicular traffic of any kind shall be permitted on the pavement until it has cooled andhardened and in no case less than 6 hours.Contractor shall submit copies of the certified weight tickets showing quantities of asphalt concrete delivered tothe project site. Payment for asphalt concrete pavement surfaces shall not be made until Contractor water tests allAC surfaces to verify proper drainage without ponding.

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 6Asphalt Concrete (AC) Pavement:All asphalt concrete pavements shall conform to Subsection 203-6 of the Standard Specifications and all asphaltconcrete pavements shall be constructed in accordance with Subsection 302-5 of the Standard Specifications.The Contractor shall furnish to the City reports from the supplier certifying that the asphalt pavement materials andproportions comply with the designated classifications for asphalt concrete pavement as required herein, or asdirected by the City Engineer.Prime Coat will not be required on this project. Tack Coat asphalt shall be required and uniformly applied toexisting hard-surfaced pavement including the vertical portions of all AC surfaces to be joined. Seal Coating willnot be required.Distribution and Spreading: All one final course of 4" course pavement, Type C2 AR-4000. AC pavement shallbe spread and distributed per Section 302-5 of the Standard Specifications for Public Works Construction, latestedition.The measurement and payment for asphalt concrete construction, complete in place including compaction, will bemade at the contract unit price. The unit price for asphalt concrete pavement shall include full compensation forfurnishing all materials, labor, tools, equipment, compaction as directed by the City Engineer, transportation andincidentals required to construct the pavement in accordance with the plans, these Special Provisions and theStandard Specifications and no additional compensation shall be allowed therefor.Materials:Asphalt concrete pavement shall conform to Sections 203-6 and 302-5 of the SSPWC, except as modified herein.Asphalt concrete shall have a performance grade binder of PG 64-10.The grading of the combined aggregates shall conform to the following:• B-2: Asphalt Concrete Base Course for Deep Lift Repairs• C-2: Asphalt Concrete – Surface CourseImported soils, if any, used as compacted backfill should be predominantly granular and meet the following criteria:• Expansion Index less than 30• Free of all deleterious materials• Contain no particles larger than 3 inches in the largest dimension• Contain less than 30 percent weight retained on 3/4 –inch sieve• Contain at least 15 percent fines (passing #200 seive)• Have a Plasticity Index of 10 or lessAny import fill should be tested and approved by the City prior to delivery to the site.INSURANCE:[END OF SCOPE OF WORK]

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 7The Contractor shall demonstrate the willingness and ability to provide the required insurance coverage as set forthin the City requirements within ten calendar days of notification of selection for award of this Agreement.The CONTRACTOR shall maintain throughout the duration of the term of the Agreement, liability insurancecovering the CONTRACTOR and designating CITY including its elected or appointed officials, directors, officers,agents, employees, volunteers, or consultants, as additional insured against any and all claims resulting in injuryor damage to persons or property (both real and personal) caused by any aspect of the CONTRACTOR’s work, inamounts no less than the following and with such deductibles as are ordinary and reasonable in keeping withindustry standards. It shall be stated, in the Additional Insured Endorsement, that the CONTRACTOR’s insurancepolicies shall be primary as respects any claims related to or as the result of the CONTRACTOR’s work. Anyinsurance, pooled coverage, or self-insurance maintained by the CITY, its elected or appointed officials, directors,officers, agents, employees, volunteers, or CONTRACTOR’s shall be non-contributory.General Liability:a. General Aggregate $2,000,000b. Products Comp/Op Aggregate $2,000,000c. Personal & Advertising Injury $1,000,000d. Each Occurrence $1,000,000e. Fire Damage (any one fire) $ 50,000f. Medical Expense (any one person) $ 5,000Workers' Compensation:a. Workers' Compensation Statutory Limitsb. EL Each Accident $1,000,000c. EL Disease - Policy Limit $1,000,000d. EL Disease - Each Employee $1,000,000Automobile Liabilitya. Any vehicle, combined single limit $1,000,000The CONTRACTOR shall provide thirty (30) days advance notice to CITY in the event of material changes orcancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished toCITY thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shallconstitute a material breach of this Agreement entitling CITY to any and all remedies at law or in equity, includingtermination of this Agreement. If proof of insurance required under this Agreement is not delivered as required orif such insurance is canceled and not adequately replaced, CITY shall have the right but not the duty to obtainreplacement insurance and to charge the CONTRACTOR for any premium due for such coverage. CITY has theoption to deduct any such premium from the sums due to the CONTRACTOR.Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a currentA.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII issubject to approval by CITY's Risk Manager. CONTRACTOR shall immediately advise CITY of any litigationthat may affect these insurance policies.GENERAL TERMS AND CONDITIONS:

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 81. Submitted bids shall be valid for a period of 120 calendar days from the Closing Date and Time for receipt ofproposals. No bid proposal may be withdrawn after the submission date.2. By submitting a bid, the Contractor represents that it has sufficient experience with the work required under thisRFP and that it is capable of providing and performing quality work to achieve the City objectives.3. Goods and services procured by the City of Pomona shall be from the lowest responsible bidder. In additionto price, the "lowest responsible bidder" will be determined by consideration of the following factors:• The quality, availability and suitability of the supplies, equipment or services to the particular userequired.• The ability, capability and skill of the bidder to perform the services required.• Whether the bidder has the financial resources and facilities to perform or provide the servicespromptly, or within the time specified without delay or interference.• The character, integrity, reputation, judgment, experience and efficiency of the bidder.• The bidder's record of performance on previous contracts or services, including compliance by thebidder with laws and ordinances relative to such contracts or services.• The ability of the bidder to provide future maintenance and service for the use of the equipment ormaterials to be purchased.• The scope of conditions attached to the bid by the bidder.4. Any bid may be rejected if it is conditional, incomplete or deviates from specifications in this request. The Cityreserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or otherimproprieties, which the City deems reasonably correctable or otherwise not warranting rejection of the bid.5. The City reserves the right to:• Withdraw this RFP at any time without prior notice, reject all bids and, furthermore, makes norepresentation that any contract will be awarded to any Contractor responding to this RFP; or• Award its total requirements to one Contractor or to apportion those requirements among two or moreContractors as the City may deem to be in its best interest.6. Where two or more Contractors desire to submit a single bid in response to this RFP, they should do so on aprime/sub-contractor basis rather than as a joint venture.7. Term of ContractThe term of the contract shall be the execution date of the Agreement until the date of project completion.8. Conflict Of Interest:

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 9Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended toinvoke any form of reciprocation, employees of the City of Pomona may not accept gratuities, entertainment,meals, or anything of value whatsoever from current or potential suppliers. The offer of such gratuity to anyemployee of the City shall be cause for declaring such supplier to be an irresponsible bidder and preventing himfrom bidding as provided in Sections 2-974 and 2-975 of the City Code of the City of Pomona.9. Additional Requirement:The attached "Minority Business Questionnaire" and "Statement of Non-Collusion by Contractor" forms mustbe filled out, signed by a company principal or officer, and returned with the bid.10. Minority And Woman Owned Businesses:The City of Pomona herewith notifies all potential suppliers that it will insure that in any contract or purchaseagreement entered into, that minority and woman owned business enterprises will be afforded full opportunityto participate in this procurement, and will not be discriminated against on the grounds of sex, race, color ornational origin in the consideration for award.11. Affirmative Action:The City of Pomona hereby notifies all bidders that it will affirmatively insure that in any contract entered intopursuant to this RFP, minority business enterprises will be afforded full opportunity to submit bids in responseto this invitation and will not be discriminated against on the ground of sex, race, color, or national origin inconsideration for an award.12. Assignment Of Contract:CONTRACTOR shall under no circumstances assign this contract or any part thereof to another party withoutexpress written permission by the City of Pomona.13. Independent Contractor Status:It is expressly understood that the CONTRACTOR named in the contract entered into is acting as anindependent CONTRACTOR, not as an agent or employee of the City of Pomona.14. Signed Submission Of Proposals:The submission of proposals must be signed in longhand by the offeror with his/her usual signature. Submissionof proposals by partnerships must be signed with the partnership name by the principal partner, followed by thesignature and designation of partner signing; submission of proposals by corporations must be signed with legalname of corporation of president, secretary, or other person authorized to bind it in the matter. The name of eachperson signing shall be typed or printed below the signature.15. Addendum Of The RFP:If it becomes necessary to revise any part of this RFP, an addendum to the RFP will be provided in writing toall offerors via the City website. All addenda issued during the time of bidding will be incorporated into anyresulting contract.

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 1016. Withdrawal Of Submission Of Proposals:Any service provider may withdraw his/her submission of proposals, either personally or by written or facsimilerequest at any time prior to the time set for the proposals opening, provided that written confirmation of anyfacsimile withdrawal of the signature of the service provider is placed in the mail and postmarked prior to thetime set for the opening thereof. Negligence on the part of the service provider in preparing his/her submissionof proposals confers no right of withdrawal or modification of his/her submission after such submission hasbeen opened.17. Letters Of Objection:Any offeror believing that any part of the RFP, including the specifications and/or the evaluation procedures,is discriminatory against the offeror or precludes the offeror from being given reasonable consideration in theevaluation process must submit a letter twenty (20) days prior to the scheduled opening date specified in thecover letter, to the City’s Purchasing Manager clearly stating the specific objection and the areas of concern tothe offeror and including a proposed method for resolution of such objections. Offerors are cautioned that anysuch objections not timely raised in the manner specified herein shall not be considered. The City, upon timelyreceipt of any such letter of objection, shall consider the offeror’s objection and, when in the opinion of the City,a modification of the RFP shall service the best interest of the City; revisions to the RFP, in the form of a writtenaddendum shall be issued to all offerors.18. Public Information:After the date specified for the opening of the RFP, all materials received relative to this proposal will becomepublic information and be available for inspection. The City reserves the right to retain all proposals submitted,whether or not the proposal was selected or judged to be responsive.19. News ReleasesNews releases pertaining to an award resulting from proposals made in response to the RFP shall not be madeby the offeror without the prior written approval of the City of Pomona Finance Director. In addition, thesuccessful service provider must agree not to release any advertising copy mentioning the City of Pomona orquoting the opinion of any City employee without written approval by the City of Pomona Finance Director.20. Permits & LicensesCONTRACTOR shall secure and maintain in force during the period covered by any contract resulting fromthis specification all licenses and permits required by law for the operation of their business, including a Cityof Pomona business license.21. AgreementA standard Services Agreement will be provided by the City for your review, prior to the award of contract. Thesuccessful company will be expected to sign the agreement prior to commencement of work.PROPOSAL FORMAT:At a minimum, the bidder shall include the following information in his proposal:

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 111. A signed Bid Pricing Sheet (attached).2. References as described on page 2 of this RFP.3. Proof of current insurance4. Copy of contractors license information from CSLB website4. Minority Business Questionnaire (attached)5. Statement of Non-Collusion by CONTRACTOR (attached)6. Agreement For Indemnification By CONTRACTOR And Acceptance And Acknowledgment OfProcurement Practices Of The City Of Pomona (attached)

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 12Sewer Trench Failures – Citywide, Project No. 422-83025Per City of Pomona Specification # 1600.4Company Name_______________________________________________________________________Address_____________________________________________________________________________City, State, Zip_______________________________________________________________________Contact Name_______________________Company phone number___________________________A. State the number of years your company has been in the business of providing pavement repair services_____________B. BID PRICES OFFERED (Price shall include all mobilization, labor, machine/equipment, disposal,demobilization, and other services as described in the Scope of Work.):ITEM DESCRIPTION QUANTITY UNIT1.Trench Repair 435 LFUNITPRICETOTALPRICETOTAL BID AMOUNT:TOTAL BID AMOUNT IN WORDS:I _________________________, _____________________ am duly authorized to commit my company(Full Name)(Title)to sell/perform the products/services described herein. I understand by signing this quotation I am notobligating the City to make this purchase, nor am I signing a contract to sell/perform this purchase. By signingthis document I agree to comply with all specifications described herein, unless specifically noted.Signature____________________________________ Date: _____________________________ALL QUOTATIONS MUST BE SIGNED

Sewer Trench Failures – Citywide Project No 422-83025 Page No: 13CITY OF POMONA - MINORITY BUSINESS QUESTIONNAIREDate________________________________________Name of Business___________________________________________________Division or Subsidiary, if applicable_______________________________________________________Business Address_____________________________________________________________________________________________________________________________________________________________________Telephone No.Contact PersonTitle________________________________________________________________________________________________________________________________________________________________________Type of Business:Non Profit [ ]Sole Proprietorship [ ]Partnership - General [ ]- Limited [ ]Corporation [ ]Is the business 51% or more owned by:American Indian [ ]Asian [ ]Black [ ]Hispanic [ ]Female [ ]Other_______________________ [ ](please specify)Prepared By: __________________________________________________Title: __________________________________________________For more information, contact Purchasing Division, City of Pomona, (909) 620-2381.

City of Pomona - Statement of Non-Collusion by ContractorThe undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify:a. That all statements of fact in such bid or proposal are true;b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company, association, organization or corporation;c. That such bid or proposal is genuine and not collusive or sham;d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone,attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone elseinterested in the proposed procurement;e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyoneelse would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bidor proposal;f. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone toraise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or costelement of his bid or proposal price, or that of anyone else;g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof,or divulge information or data relative thereto, to any corporation, partnership, company, association,organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, exceptto the City of Pomona, or to any person or persons who have a partnership or other financial interest with saidbidder in his business.h. Did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity,entertainment, meals, or any thing of value, whatsoever, which could be construed as intending to invoke anyform of reciprocation or favorable treatment.i. That no officer or principal of the undersigned firm is related to any officer or employee of the City by blood ormarriage within the third degree or is employed, either full or part time, by the City of Pomona either currentlyor within the last two (2) years.j. That no offer or principal of the undersigned firm nor any subcontractor to be engaged by the principal hasbeen convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy orany other act in violation of any state or federal antitrust law in connection with the bidding upon award of, orperformance of, any public work contract, with any public entity, within the last three years.I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correctand that this certification was executed on_______________________at_______________________California.(Date)(Location)Firm______________________________________ _______________________________________(Signature)Street_____________________________________ _______________________________________(Print Name & Title)City_______________________State_____Zip___________

Subject: Sewer Trench Failures – Citywide Project No 422-83025 Page 14 of 14AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR AND ACCEPTANCEAND ACKNOWLEDGMENT OF PROCUREMENT PRACTICES OF THE CITY OFPOMONAThe City of Pomona requires CONTRACTOR's and suppliers of services to the City to agree to indemnify and hold theCity of Pomona harmless for claims or losses arising from or connection with the contracting party’s work for the City ofPomona before a Purchase Order is issued.To reduce the possibility of misunderstanding between contracting parties and the City in ease of a claim or lawsuit, the Cityof Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as andbecome a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letterfor the period of _______________ to _______________.In consideration of the opportunity of doing work for the City of Pomona and benefits to be received thereby, thecontracting party to this agreement agrees as follows:1. That where a contract, purchase order or confirming order is issued by the City of Pomona awarding a contract, this LetterAgreement is to be considered part of that contract.2. CONTRACTOR agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City ofPomona, and any officer, employee or agent, there of harmless from any and all claims, liabilities, obligations and causesof action of whatsoever kind or nature for injury to, or death of, any person (including officer, employees and agents of theCity of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resultingfrom any and all actions or omissions of CONTRACTOR or CONTRACTOR’s employees, agents or invitees, or anysubCONTRACTOR of CONTRACTOR or any of such subCONTRACTOR’s employees, agents or invitees.3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides:“If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third personresults in judgment against such third person or settlement by such third person the employer shall have no liability toreimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to beexecuted prior to the injury.” This waiver will occur as to any contracts awarded by the City of Pomona to the contractingparty to this letter while this Agreement is in force.4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative hasthe authority to bid the CONTRACTOR to all terms and conditions of this Agreement.5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with theCity of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party agreeto advise its successors or assignees of this agreement and to obtain their consent to its writing before the work of therepresentative successor or assignees begin, such assignment shall not be effective without the written consent of the Cityof Pomona.6. To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is inforce.This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the Cityof Pomona.On behalf of_____________________________________________________________________(Name of CONTRACTOR)_______________________________________________________________________________(Address)I agree to the terms of this Letter AgreementName ______________________________________Title____________________________________________(Manager, Owner, or Officer of Company)This Agreement is to be returned to: City of Pomona Purchasing Department, P. O. Box 660, Pomona, CA 91769

Sewer Trench Failures - Citywide Project No 422-83025Sewer Trench Replacement Data SheetNumberLocationTrenchReplacementLength (FT)TrenchWidth (IN)TrenchExcavationDepth (IN)ExistingPavementDepth (IN)Trench PavementResoration Method1 Buena Vista (4 Locations) 335 42 108 5 A – 26 – 02 Case III2 Titus / County 32 24 96 5 A – 26 – 02 Case I3 County / Kathryn 40 24 96 5 A – 26 – 02 Case I4 County / San Antonio 17 24 96 5 A – 26 – 02 Case I