HomeMy WebLinkAboutCO 2025-100 - Gentry General Engineering, Inc CITY OF RANCHO CUCAMONGA
CONTRACT
Haven Avenue Overcrossing Fencing
Project
Awarded:
Wednesday, August 20, 2025
City of Rancho Cucamonga
CONTRACT NUMBER
2025-100
Docusign Envelope ID: F811DEE9-E191-4729-ACBA-04E675F001A7
PROJECT FILE: 800-2024-14
CITY OF RANCHO CUCAMONGA
NOTICE INVITING BIDS FOR
PROPOSAL, CONTRACT AND
SPECIFICATIONS
FOR
"HAVEN AVENUE OVERCROSSING
FENCING PROJECT"
PREPARED BY:
CITY OF RANCHO CUCAMONGA
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA 91730
(909) 477-2740
__________________________________________
JASON C. WELDAY
DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER
RCE NO. 67514
Digitally signed by Jason C.
Welday
Date: 2025.07.07 08:41:51-07'00'
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TABLE OF CONTENTS
Notice Inviting Bids ....................................................................................................... N-1 thru 4
Instructions to Bidders ................................................................................................ I-1 thru xx
A. Proposals
B. Delivery of Proposals
C. Withdrawal of Proposals
D. Disqualification of Bidders and Proposals
E. Signature of Contractor
F. Bid Bond
G. Addendum
H. Examination of Plans, Specifications, and Site of Work
I. Estimated Quantities
J. Competency of Bidder
K. Award and Execution of Contract
L. Return of Proposal Guarantee
M. City Business License
N. Equivalent Materials
Bid Documents to Submit for Proposals
Proposal ...................................................................................................................... P-1 thru xx
Schedule of Unit Cost and Lump Sum Amounts
Bidder Agreement
Bidder Information
Subcontractors
Declaration of Eligibility to Contract
Certificate of Non-Discrimination by Contractors
Non-Collusion Declaration
Bid Bonds
Contract Agreement ................................................................................................. C-1 thru 6
Faithful Performance Bond .................................................................................................. B-1
Labor and Materials Bond .......................................................................................... B-2 thru 3
Compensation Insurance Certificate ................................................................................. INS-1
Maintenance Guarantee Bond .......................................................................................... MB-1
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Table of Contents
SPECIAL PROVISIONS
SPECIFICATIONS – Governed by "Green Book" Standard Specifications
AMENDMENTS to "Green Book" Standard Specifications
PART 1 - GENERAL PROVISIONS
Section 1 - General, Terms, Definitions, Abbreviations, Units of Measure and Symbol ... GP-1 thru 2
Section 2 - Scope of the Work ........................................................................................ GP-2 thru 3
Section 3 - Changes in Work .......................................................................................... GP-3 thru 7
Section 4 - Control of Materials ...................................................................................... GP-7 thru 9
Section 5 – Legal Relations and Responsibilities .......................................................... GP-9 thru 17
Section 6 - Prosecution, Progress and Acceptance of the Work ................................. GP-17 thru 18
Section 7 – Measurement and Payment ..................................................................... GP-19 thru 21
Section 8 - Facilities for Agency Personnel ............................................................................. GP-21
PART 3 - CONSTRUCTION METHODS
Section 300 – Removals and Earthwork
300-1 Clearing and Grubbing ....................................................................................... ME-1
Section 304 – Metal Fabrication and Construction
304-3 Chain Link Fence ..................................................................................... ME-1 thru 2
PART 4 – EXISTING IMPROVEMENTS
Section 400 – Protection and Restoration
400-1 General ............................................................................................................... IM-1
PART 6 – TEMPORARY TRAFFIC CONTROL
Section 601 - Temporary Traffic Control For Construction and Maintenance work Zones
601-3 Temporary Traffic Control (TTC) Zone Devices .................................................. LA-1
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Table of Contents
APPENDICES
1. City Working Days Calendar
2. Permits
a) Caltrans Encroachment Permit
3. Project Plans
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NOTICE INVITING SEALED
BIDS FOR PROPOSALS FOR
"HAVEN AVENUE OVERCROSSING FENCING PROJECT"
NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive through the City’s
online bid management system (“Planet Bids”),on or before the hour of 2:00 p.m. on July 22,
2025, sealed bids or proposals for the "HAVEN AVENUE OVERCROSSING FENCING
PROJECT" in said City. The scope of work to be performed consists of, but not limited to, installing
access deterrent railing on existing pedestrian fencing. The contract documents call for 10
working days to complete this construction. Engineer’s Estimate is $59,400.
Bids will be submitted on the City’s bid forms as discussed within this document. A Bidder
(“Bidder”) may obtain a copy of the Contract Documents from Planet Bids.
The schedule of events for this bid is listed in the following table.
Schedule of Events
Event Description Date & Time
Bid Posted on Planet Bids July 8, 2025 and July 15, 2025
Questions Due July 15, 2025 5:00 pm
Addendum Issued July 17, 2025
Bid Response Due Date July 22, 2025, 2:00 pm
After said bid closing time, Bids will be publicly released on Planet Bids.
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California
Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not
less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public work is performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at
https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The Contracting Agency also shall
cause a copy of such determinations to be posted at the job site.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless
registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
(with limited exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)).
No contractor or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
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For all projects, the contractors and subcontractors must furnish electronic certified payroll
records to the Labor Commissioner.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the
City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer,
workman, or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages herein before
stipulated for any work done under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning
the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in
any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request of
certificate, or
B. When the number of apprentices in training in the area exceeds a ratio of one to
five, or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D. When the Contractor provides evidence that he employs registered apprentices on
all of his contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the administration of
apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may
be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours as set forth
in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
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The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,
twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the worker is required
or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1.
The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond,
payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of
said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded
to him, and in event of failure to enter into such contract said cash, cashiers' check, certified
check, or bond shall become the property of the City of Rancho Cucamonga. The Bid Security
must be submitted in original hard copy directly to the City prior to the specified date and time for
bid opening as set forth in the Instructions to Bidders.
If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of
the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference
between the low bid and the second lowest bid, and the surplus, if any shall be returned to the
lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for said work
shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100%
of the contract price for said work shall be given to secure the payment of claims for any materials
or supplies furnished for the performance of the work contracted to be done by the Contractor, or
any work or labor of any kind done thereon, and the Contractor will also be required to furnish a
certificate that he carries compensation insurance covering his employees upon work to be done
under contract which may be entered into between him and the said City of Rancho Cucamonga
for the construction of said work.
Contractor shall possess any and all contractor licenses, in form and class as required by any
and all applicable laws with respect to any and all of the work to be performed under this contract;
including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance
with the provisions of the Contractor's License Law (California Business and Professions Code,
Section 7000 et. seq.) and rules and regulation adopted pursuant thereto.
The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15,
shall indicate his or her State License Number on the bid, together with the expiration date, and
be signed by the Contractor declaring, under penalty of perjury, that the information being
provided is true and correct.
The work is to be done in accordance with the plans and specifications of the City of Rancho
Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho
Cucamonga, California.
Digital copies of the plans, specifications, and bid proposal, including any future addenda or
revisions to the bid documents, are available on Planet Bids. It is the responsibility of each
prospective Bidder to download and print all Contract Documents for review and to verify the
completeness of Contract Documents before submitting a Bid. Note, copies of the plans,
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specifications, bid proposal, addendums and revisions will not be provided, digital copies must be
downloaded from the above website. Prospective bidders must register for an account on
Planet Bids to be included on the prospective bidder’s list(s) and to receive email updates
of any addenda or revisions to the bid documents. Be advised that the information contained
on this site may change over time and without notice to prospective bidders or registered users.
While effort is made to keep information current and accurate and to notify registered prospective
bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to
register with Planet Bids and to check this website on a DAILY basis through the close of bids for
any applicable addenda or updates.
The successful bidder will be required to enter into a contract satisfactory to the City of Rancho
Cucamonga.
In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in
the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Rancho Cucamonga, reserves the right to reject any or all bids.
Questions regarding this Notice Inviting Sealed Bids for "HAVEN AVENUE OVERCROSSING
FENCING PROJECT" shall be submitted two weeks prior to bid opening through Planet Bids, per
the schedule of events. All written questions, if answered, will be answered in writing, conveyed
to all interested Bidders, and posted through Planet Bids. Oral statements regarding this Bid by
any persons should be considered unverified information unless confirmed in writing.
ADVERTISE ON: July 8, 2025 and July 15, 2025
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INSTRUCTIONS TO BIDDERS
A. PROPOSALS
Proposals under these specifications shall be submitted through Planet Bids on the blank forms
furnished as part of the contract documents. When presented, all forms must be completely made
out in the manner and form indicated and must also meet the following requirements:
• The proposal must be properly signed by the bidder, whose address, telephone number,
and California Contractor’s license number must be shown. Electronic signatures are
acceptable on all forms except the Bidder’s Bond.
• The Contractor shall perform with his own organization and with workmen under his
immediate supervision, work of a value not less than 50% of the total value of all work
embraced in the contract, except that any designated “Specialty Items” may be performed
by subcontract and the amount of any such “Specialty Items” so performed may be
deducted from the Contract Price before computing the amount required to be performed
by the Contractor with its own organization. “Specialty Items” will be identified by th e
Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work
subcontracted will be based on the Contract Unit Price. When a portion of an item is
subcontracted, the value of work subcontracted will be based on the estimated percentage
of the Contract Unit Price. This will be determined from information submitted by the
Contractor, and subject to approval by the Engineer.
With the proposal, the Contractor shall list (a) the name, address, and the California
Contractor License Number of each subcontractor who will perform work included in the
contract, and (b) the portion of work which will be done by each subcontractor. All
subcontractors performing work in excess of 1/2% of the total value of the contract or, in
the case of bids or offers for the construction of streets or highways, including bridges, in
excess of 1/2% of the total value of the contract or ten thousand dollars ($10,000.00)
whichever is greater, shall be listed. The successful bidder shall be prohibited from
performing work on this project with a subcontractor who is ineligible to perform work on
the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
• The correction of any discrepancies in or omission from the drawings, specifications or
other contract documents or any interpretation thereof during the bidding period will be
made only by written addendum. See Item E, Addendum, for further information and
instructions.
• Bids shall not contain any recapitulation, inserted by the Bidder, of work to be done.
Alternative proposals will not be considered unless specifically requested. No oral or
telephone modifications will be considered.
• Each bid shall be valid for no less than 30 days after the opening of the proposals.
• No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all
amounts bid will be deemed and held to include any such taxes which may be applicable.
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BID BOND
Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount
not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City
of Rancho Cucamonga. The bid security must be submitted in original hard copy directly to the
City Clerk’s office prior to specified time and date for the Bid opening.
BID SCHEDULE
The Bid Schedule is available on Planet Bids through the “Line Items” tab. Bidders must insert
and submit their Bid prices directly through Planet Bids by selecting “Place eBid” under the “Line
Items” tab. The Bid Schedule will be incorporated into the Contract Documents. Failure to submit
the Bid Schedule will render a bid nonresponsive. Bidders must provide pricing for every bid item.
The costs of any Work shown or required in the Contract Documents, but not specifically identified
as a Pay Item are to be included in related Pay Items and no additional compensation shall be
due Contractor by virtue of Contractor’s compliance with the Contract Documents. The estimated
quantities for unit price items are for purposes of comparing bids only and City makes no
representation that the actual quantities of Work performed will not vary from the estimates. Final
payment shall be determined by the Engineer from measured quantities of work performed based
upon the Unit Price.
COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract
Documents posted on Planet Bids. The use of substitute Bid Forms other than clear and correct
photocopies of those provided by the City will not be permitted. Bids shall be executed by an
authorized signatory as described in these Instructions to Bidders. Electronic signatures are
acceptable on all forms except for the Bidder’s Bond. In addition, Bidders shall fill in all blank
spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or
erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter
on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE
PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid
being deemed non-responsive.
The following listed documents includes all bid forms that are required to be submitted for the
Bidder to be considered responsive. These forms are identified in the lower right corner as “Bid
Forms” and shall be fully executed and submitted at the time of opening of Bids. All forms can be
submitted electronically through Planet Bids directly with the exception of the Bid Bond as
discussed above. Details for submitting the Bid Schedule via Planet Bids are discussed above.
• Bid Schedule – Line Item Pricing (Through Planet Bids)
• Bidder Agreement
• Bidder Information
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• Subcontractor Information
• Declaration of Eligibility to Contract
• Certificate of Non-Discrimination by Contractors
• Non-Collusion Declaration
• Bid Bond
• Signed Addendum Forms (If Necessary) – Submitted as one combined PDF
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render
a Bid as non-responsive and subject to rejection.
SIGNATURE OF CONTRACTOR
Corporation
The signature must contain the name of the corporation, must be signed by the President,
Secretary, or Assistant Secretary. Other persons may sign for the corporation in lieu of the above;
however, a Certified copy (including the original corporate seal) of a resolution of the corporate
board of directors so authorizing them to do so must also be provided to the City Clerk’s office as
part of the Bidder’s response.
Partnership
The names of all persons comprising the partnership or copartnership must be stated. The bid
must be signed by all partners comprising the partnership unless proof in the form of a certified
copy of a certificate of partnership acknowledging the signer to be a general partner authorized
to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the
general partner may sign.
Joint Venture
Bids submitted as a joint venture must so state and be signed by each joint venture.
Individual
Bids submitted by an individual must be signed by the bidder, unless a general power of attorney,
not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact
may sign for the individual.
The above rules also apply in the case of the use of a fictitious business name. In addition, where
a fictitious name is used, it must be so indicated in the signature.
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B. DELIVERY OF PROPOSAL
Bids shall be submitted electronically through the Planet Bids as individual attachments. No
other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email,
telephone, mail, or other means; any Bids received through any means other than Planet Bids
will be returned unopened.
It is the responsibility solely of Bidder to see that its Bid is properly submitted to Planet Bids in
proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT
SYSTEM WILL NOT ACCEPT LATE BIDS. City will only consider Bids that have transmitted
successfully and have been issued a confirmation number with a time stamp from Planet Bids
indicating that the Bid was submitted successfully. Bidders shall be solely responsible for
informing themselves with respect to the proper utilization of the online bid management system,
for ensuring the capability of their computer system to upload the required documents, and for
the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid
shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted
Bids.
Bidders experiencing any technical difficulties with the bid submission process may contact Planet
Bids Support at (818) 992-1771. Neither the City nor Planet Bids make any guarantee as to the
timely availability of assistance or assurance that any given problem will be resolved by the bid
submission date and/or time.
C. WITHDRAWAL OF PROPOSALS
Any Bid may be withdrawn through Planet Bids, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw Bids shall be worded so as not to reveal the amount of the original Bid. Withdrawn Bids may be r esubmitted until the time and day set for the receipt of bids, provided that resubmitted Bids are in conformance with the instructions herein.
D. DISQUALIFICATION OF BIDDERS AND PROPOSALS
The bidder's attention is directed to the "California Business and Professions Code," Section
7028.15, which requires the Contractor to indicate his or her State License Number on the bid,
together with the expiration date, and be signed by the Contractor declaring, under penalty of
perjury, that the information being provided is true and correct.
"Any bid not containing this information, or a bid containing information which is subsequently
proven false, shall be considered non-responsive and shall be rejected by the public agency."
More than one proposal for the same work from any individual, firm partnership, corporation, or
association under the same or different names will not be accepted; and reasonable grounds for
believing that any bidder is interested in more than one proposal for the work will be cause for
rejecting all proposals in which such bidder is interested.
Proposals in which the prices are obviously unbalanced, and those which are incomplete or show
any alteration of form or contain any additions or conditional or alternate bids that are not called
for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has
been omitted will be rejected.
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E. ADDENDUM
The correction of any discrepancies in or omission from the drawings, specifications or other
contract documents or any interpretation thereof during the bidding period will be made only by
written addendum. A copy of each such addendum will be posted on Planet Bids, and it shall be
the bidder’s responsibility to download all posted addenda and a signed copy of the addendum
shall be submitted as part of the bid through Planet Bids. Failure to do so may result in bid
rejection. Said addendum shall be made part of the contract. Any other interpretation or
explanation of such documents will not be considered binding. Please Note: Bidders are
responsible for ensuring that they have received any and all Addenda. To this end, each Bidder
should visit Planet Bids to verify that it has received all Addenda issued, if any, prior to the Bid
opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided
in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.
F. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK
The plans and specifications to which the proposal forms refer are on file and open to inspection
in the office of the City Engineer.
Bidders must satisfy themselves by personal examination of the work site, plans, specifications,
and other contract documents, and by any other means as they may believe necessary, as to the
actual physical conditions, requirements and difficulties under which the work must be performed.
No bidder shall at any time after submission of a proposal make any claim or assertion that there
was any misunderstanding or lack of information regarding the nature of amount of work
necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies
found in the plans, specifications, or other contract documents shall be called to the attention of
the Resident Engineer and clarified prior to the submission of proposals.
G. ESTIMATED QUANTITIES
The quantities given in the proposal and contract form are approximate, being given as a basis
for the comparison of bids only, and the City does not, expressly or by implication, agree that the
actual amount of work will correspond therewith, but reserves the right to increase or decrease
the amount of any class or portion of the work, or to omit any portion of the work, as may be
deemed advisable or necessary by the Engineer.
However, when the quantity shown in the Proposal has the designation (F) following the Bid Item
in the Schedule of Unit Cost and Lump Sum amounts, that designation indicates the final pay
quantity and/or costs and shall be the final quantity used for which payment will be made, unless
the dimensions of the portion of the work shown on the plans are revised by the Engineer, or
unless the portion of the work is eliminated. If the dimensions of the specific portion of the work
are revised, and the revisions result in an increase or decrease in the estimated quantity of the
portion of the work, the final quantity for payment will be revised in the amount represented by
the changes in the dimensions. If the specific portion of the work is eliminated then the fi nal pay
quantity designated for the specific portion of the work will be eliminated.
The estimated quantity of each specific portion of the work designated on the plans as a final pay
quantity shall be considered as approximate only and no guarantee is made that the quantities
which can be determined by computations, based on the details and dimensions shown on the
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plans, will equal the estimated quantities. No allowance will be made in the event that the
quantities based on computations do not equal the estimated quantities.
When portions of an item have been designated on the plan as final pay quantities, portions not
so designated will be measured and paid for in accordance with the applicable provisions of these
specifications and the special provisions.
In case of a discrepancy between the quantities shown on the plan as final pay quantities and the
quantity of the same item shown in the Engineer’s Estimate, payment will be based on the final
pay quantities shown on the plans.
H. COMPETENCY OF BIDDER
The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and
Professions Code of the State of California to do the type of work contemplated in the contract
and shall be skilled and regularly engaged in the general class or type of work called for under
this contract. To assist in the determination of competency, the Contractor shall complete the
attached "Bidder Information" form.
I. AWARD AND EXECUTION OF CONTRACT
Acceptance or Rejection
The City of Rancho Cucamonga, reserves the right to reject any or all bids. The City reserves the
right to waive inconsequential errors and/or irregularities.
Award of Contract (USE FOR BASE BID ONLY)
The lowest responsive bidder will be calculated per Section 20103.8 (a) of the Public Contract
Code as the lowest bid price on the base contract without consideration of additive (or deductive)
items. The award of a contract, if it be awarded, will be to the above lowest responsive bidder.
No proposal will be considered from a Contractor to who is not registered as a prospective
bidder on the City’s Planet Bids website.
The award, if made, will be made as expeditiously as possible after the opening of the proposals
and in recognition of Section A.7. above. In no case will an award be made until all necessary
investigations are made into the responsibility of the bidder to whom it is proposed to award the
contract.
Contractor shall possess any and all contractor licenses, in form and class as required by any
and all applicable laws with respect to any and all of the work to be performed under this contract;
including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance
with the provisions of the Contractor's License Law (California Business and Professions Code,
Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract
is awarded.
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Bonds
The Contractor shall furnish a good and sufficient surety bond issued by a surety company
authorized to do business in the State of California in the sum equal to 100% of the total bid,
conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any
agreements contained in said contract; an addition, the Contractor shall furnish a Labor and
Materials Bond and a sum equal to 100% of the contract price, as required by the provisions of
Section 9554 of the California Civil Code.
Workers' Compensation
Before commencing any work under the contract, the successful bidder must file with the Engineer
a certificate by an insurance carrier authorized under the laws of the State to insure employers
against liability for compensation under the "Worker's Compensation Insurance and Safety Act,"
stating that such bidder has taken out for the term for which the contract is to run, compensation
insurance covering his full liability work or labor necessary to carry out the provisions of this
contract, and an agreement to immediately notify said Engineer if said policy should lapse or be
canceled. In the event that such policy should become inoperative at any time before the
completion of the work, all work shall cease immediately until a new policy is obtained and any
time so lost shall not entitle Contractor to any extension of time.
Execution of Contract
The Contract shall be signed by the successful bidder and returned together with the other
required documents, within fifteen (15) days after the bidder has received notice that the contract
has been awarded, unless extended by said City Council in writing. No proposal shall be
considered binding upon the City until the execution of the contract.
Failure to execute a contract and file acceptable documents as provided herein within fifteen (15)
days from receipt of notice of award shall be just cause for the annulment of the award. In the
event of failure to enter into such contract, the lowest bidder’s security (cash, cashier’s check,
certified check, or bond) shall become the property of the City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of
the lowest bidder’s security shall be applied by the City of Rancho Cucamonga to the difference
between the low bid and the second lowest bid, and the surplus, if any shall be returned to the
lowest bidder.
Liquidated Damages and Working Days
Attention is directed to the provisions of Section 6-9 of the Specifications.
The Contractor shall pay to the City of Rancho Cucamonga the sum of $2,800 per day for each
and every calendar day's delay in finishing the work in excess of 10 working days.
J. RETURN OF PROPOSAL GUARANTEE
The cash, check or bond of a bidder to whom the contract has been awarded will be returned to
him after all of the acts, for the performance of which said security is required, have been fully
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performed. The cash, checks or bonds of the remaining qualified bidders will be returned when
the bidder to whom the contract has been awarded has properly executed and returned all of the
required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when
their proposals are rejected or in any event at the expiration of 30 days from the date of award of
contract.
K. CITY BUSINESS LICENSE
Municipal Ordinances requires the issuance of a City Business License as a condition precedent
to being engaged as a Contractor within the City.
L. EQUIVALENT MATERIALS
Attention is directed to the provisions of Section 4-1.6 of the Standard Specifications for Public
Works Construction.
M. RELIEF OF BIDDERS
Attention is directed to the provisions of Government Code Sections 14350 to 14355, inclusive,
(State Contract Act) concerning relief of bidders and in particular to the requirement therein, that
if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice
within five days after the opening of the bids of the alleged mistake, specifying in the notice in
detail how the mistake occurred.
N. PROJECT SPECIFICATIONS REFERENCE SECTION
Bid Item Description Reference
Section
1 Furnish and Install Access Deterrent Railing (300-1)
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C O N T R A C T
AGREEMENT
KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into,
in triplicate, as of the date executed by the City Clerk and the Mayor, by and
between , hereinafter referred to as the "CONTRACTOR" and
the City of Rancho Cucamonga, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly
opened, and declared on the date specified in said notice; and
WHEREAS, City did accept the bid of Contractor; and
WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with
Contractor for furnishing labor, equipment, and material for the construction of "HAVEN AVENUE
OVERCROSSING FENCING PROJECT."
NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for the "HAVEN AVENUE
OVERCROSSING FENCING PROJECT." Said work to be performed in accordance with
specifications and standards on file in the office of the City Engineer and in accordance
with bid prices hereinafter mentioned and in accordance with the instruction of the City
Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The
aforesaid specifications are incorporated herein by reference thereto and made a part
hereof with like force and effect as if all of said documents were set forth in full herein.
Said documents, the Resolution Inviting Bids attached hereto, together with this written
agreement, shall constitute the entire contract between the parties. This contract is
intended to require a complete and finished piece of work and anything necessary to
complete the work properly and in accordance with the law and lawful governmental
regulations shall be performed by the Contractor whether set out specifically in the
contract or not. Should it be ascertained that any inconsistency exists between the
aforesaid documents and this written agreement, the provisions of this written agreement
shall control.
3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within
fifteen (15) days from the date of notice of award of the contract or upon notice by City
after the fifteen (15) days, and to complete his portion of the work within 10 working days
from the date specified in the Notice to Proceed. The bidder agrees further to the
assessment of liquidated damages in the amount of $2,800 for each calendar day the
work remains incomplete beyond the expiration of the completion date. City may deduct
the amount thereof from any monies due or that may become due the Contractor under
this contract. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
4. INSURANCE: The Contractor shall not commence work under this contract until he has
obtained all insurance required hereunder in a company or companies acceptable to City
Gentry General Engineering, Inc.
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nor shall the Contractor allow any subcontractor to commence work on his subcontract
until all insurance required of the subcontractor has been obtained. The Contractor shall
take out and maintain at all time during the life of this contract the following policies of
insurance:
a. Workers Compensation Insurance: Before beginning work, the Contractor shall furnish
to the Engineer a certificate of insurance as proof that he has taken out full
compensation insurance for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in accordance with the laws of
the State of California. Such insurance shall be maintained in full force and effect during
the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
contractor shall secure the payment of compensation to his employees. Contractor,
prior to commencing work, shall sign and file with the City a certification 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 in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this contract."
b. For all operations of the Contractor or any subcontractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
(1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000
each accident.
(2) General Liability - Property Damage (not auto) $1,000,000 each accident;
$2,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each
accident.
(4) Contractor's Protective - Property Damage $1,000,000 each accident; $2,000,000
aggregate.
(5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident.
(6) Automobile - Property Damage $2,000,000 each accident.
c. Each such policy of insurance provided for in paragraph "b." shall:
(1) Be issued by an insurance company approved in writing by City, which is qualified
to do business in the State of California. The insurance company shall have a
policy holder rating of A or higher and a Financial Class VII or higher
established by A.M. Best Company Rating Guide;
(2) Name as additional insured the City, its elected officials, officers, agents and
employees, and any other parties specified in the bid documents to be so
included;
(3) Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under said
policy;
(4) Contain a clause substantially in the following words:
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"It is hereby understood and agreed that this policy may not be canceled nor the
amount of the coverage thereof reduced until thirty (30) days after receipt by City
of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
(5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in subparagraph "a." shall contain an endorsement
which:
(1) Waives all right of subrogation against all persons and entities specified in
subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of
insurance provided for in paragraph "b." by reason of any claim arising out of or
connected with the operations of Contractor or any subcontractor in performing
the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution of the contract present the original
policies of insurance required in paragraphs "a." and "b." hereof, or present a certificate
of the insurance company, showing the issuance of such insurance, and the additional
insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a
similar character in the locality in holiday and overtime work. In that regard, the Director
of the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the office of the City Clerk of the City of Rancho
Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available
to any interested party on request. City also shall cause a copy of such determinations to
be posted at the job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty
to City, not more than two hundred dollars ($200.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof if such laborer, workman, or
mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for
any work done under the attached contract, by him or by any subcontractor under him, in
violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5
of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with
the regulations of the California Apprenticeship Council, properly indentured apprentices
may be employed in the prosecution of the work.
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under
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him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases shall not be less than one to five except:
a. When unemployment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of one to five,
or
c. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
d. When the Contractor provides evidence that he employs registered apprentices on all
of his contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticable trade on such contracts and if other contractors on the
public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for
all workmen employed in the execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article
3, of the Labor Code of the State of California as amended.
The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho
Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the
contract by the respective contractor or subcontractor for each calendar day during which
the worker is required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the provisions of this article.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay
to each workman needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining agreements filed
in accordance with Labor Code Section 1773.1.
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9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials,
officers, agents and employees shall not be answerable or accountable in any manner for
any loss or damage that may happen to the work or any part thereof, or for any of the
materials or other things used or employed in performing the work; or for injury or damage
to any person or persons, either workmen, employees of the Contractor or his
subcontractors or the public, or for damage to adjoining or other property from any cause
whatsoever arising out of or in connection with the performance of the work. The
Contractor shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever, except the sole
negligence or willful misconduct of the City, its employees, servants, or independent
contractors who are directly responsible to City during the progress of the work or at any
time before its completion and final acceptance.
The Contractor will indemnify City against and will hold and save City harmless from any
and all actions, claims, damages to persons or property, penalties, obligations, or liabilities
that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision, or other organization arising out of or in connection with the work, operation,
or activities of the Contractor, his agents, employees, subcontractors, or invitees provided
for herein, whether or not there is concurrent passive or active negligence on the part of
City, but excluding such actions, claims, damages to persons or property, penalties,
obligations, or liabilities arising from the sole negligence or willful misconduct of City, its
employees, servants, or independent contractors who are directly responsible to City, and
in connection therewith:
a. The Contractor will defend any action or actions filed in connection with any of said
claims, damages, penalties, obligations, or liabilities and will pay all costs and
expenses, including attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment or award rendered against the
Contractor or City covering such claims, damages, penalties, obligations, and liabilities
arising out of or in connection with such work, operations, or activities of the Contractor
hereunder or reasonable settlement in lieu of judgment or award, and the Contractor
agrees to save and hold the City harmless therefrom.
c. In the event City is made a party to any action or proceeding filed or prosecuted against
the Contractor for damages or other claims arising out of or in connection with the
project, operation, or activities of the Contractor hereunder, the Contractor agrees to
pay to City any and all costs and expenses incurred by City in such action or proceeding
together with reasonable attorneys' fees.
So much of the money due to the Contractor under and by virtue of the contract as shall
be considered necessary by City may be retained by City until disposition has been
made of such actions or claims for damage as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons
upon public works because of age, disability, race, color, religion, sex, sexual orientation
or national origin of such persons, and every contractor for public works violating this
section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter
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1 of the Labor Code in accordance with the provisions of Section 1735 of said Code.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the
material and doing the prescribed work per the unit prices set forth in accordance with
Contractor's Proposal.
IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with
all the formalities required by law on the respective dates set forth opposite their signatures.
State of California Contractor's License #:
Date
By:
Signature Print Name &Title
By:
Signature Print Name &Title
CITY OF RANCHO CUCAMONGA, CALIFORNIA
By: BY:
L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk
Date
Contractor's Business Phone Number: . Emergency Name and Phone
Number at which Contractor can be reached at any time: ____________________________
Kim Sevy, City Clerk
(909) 912-3253
President, Secretary,
Treasurer, and Manager
(909) 330-1128
Gentry General Engineering, Inc.
320 W. Tropica Rancho Rd. Colton, CA 92324
974279
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C O N T R A C T
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: THAT . as Principal,
and , as Surety, are held
and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full
amount of (Written)
$ (Figures) payment whereof we hereby bind ourselves,
our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these
presents. Given under our hands and sealed with our seal this day of , 20 .
The condition of the foregoing obligation is such that,
WHEREAS, the above-named principal is about to enter into a contract with the City, whereby
said principal agrees to construct "HAVEN AVENUE OVERCROSSING FENCING PROJECT" in
accordance with the AGREEMENT dated , which said contract is hereby referred
to and made a part hereof to the same extent as if the same were herein specifically set forth;
NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by
the principal in said contract to be done and performed, then this obligation is to be void; otherwise
it will remain in full force and effect;
PROVIDED, that for value received the undersigned stipulate and agree that no amendment,
change, extension of time, alteration or addition to said contract, or agreement, or of any feature
or item or items of performance required therein or thereunder shall in any manner affect the
obligations of the undersigned under this bond; and the surety does hereby waive notice of such
amendment, limitation of time for bringing action on this bond by the City, change, extension of
time, alteration or addition to said contract or agreement and of any feature or time of performance
required therein or thereunder.
WITNESS our hands this day of , 20 .
By: Title:
Surety: By:
Individual Partnership Corporation
Other, explain
SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS
(INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.).
57,480.00
Fifty Seven Thousand Four Hundred Eighty Dollars
Gentry General Engineering, Inc.
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Bond No.:
PAYMENT BOND
(Labor and Materials)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) (“City”) has awarded to
(Name and address of Contractor)
(“Principal”), a contract (the “Contract”) for the work described as follows:
“HAVEN AVENUE OVERCROSSING FENCING PROJECT”
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to
secure the payment of claims of laborers, mechanics, materialmen, and other persons as
provided by law.
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
($ ), this amount being
not less than one hundred percent (100%) of the total contract 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.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to
pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due
under the Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor
performed under the Contract, the Surety will pay for the same in an amount not exceeding the
penal sum specified in this bond; otherwise, this obligation shall become null and void.
Gentry General Engineering, Inc.
320 W. Tropica Rancho Rd. Colton, CA 92324
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Payment Bond (continued)
This bond shall insure to the benefit of any of the persons named in Section 9100 of the California
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs
and reasonable attorneys’ fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, addition or modification to the terms of the Contract, or of the work
to be performed thereunder, or the specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any such change, extension of
time, alteration, addition, or modification to the terms of the Contract or to the work or to the
specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections
2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for
all purposes be deemed an original hereof, have 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.
Date:
“Principal” “Surety”
By: By:
Its Its
By: By:
Its Its
(Seal) (Seal)
Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be attached.
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C O N T R A C T
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code,
Sections 1860 and 1861:
I am aware of the provision of Section 3700 of the Labor Code which requires every employer to
be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Date (Contractor)
By:
(Signature)
(Title)
Attest:
By:
(Signature)
(Title)
President, Secretary,
Treasurer, and Manager
Gentry General Engineering, Inc.
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