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HomeMy WebLinkAboutAGMT - Inspection Engineering Contracting (SB Signal System Upgrade) a • BOOK 11 OF 111 CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND, INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO, EXCESS • FOR: SEAL BEACH SIGNAL SYSTEM UPGRADE PROJECT NO. 751 These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability= to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH. CA 90740 -6379. • SEAL BEACH SIGNAL SYSTEM UPGRADE, PROJECT NO. 751 For SEAL BEACH SIGNAL SYSTEM UPGRADE, in the City of Seal Beach. • THIS AGREEMENT, made and.entered into this 2 day of , 1 ` , by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of 'the First Part. • and , S 6 ION LE ATE C rriya ( c.c hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees, with said CITY to SEAL BEACH • SIGNAL SYSTEM UPGRADE, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications. Drawings. and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement. also for all loss and damage arising out of the nature of the work aforesaid. or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings. Specifications, and Contract Documents and in accordance with the requirements of the. Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore. the unit prices and the lump sum'prices named in the Schedule of Work Items of the Proposal ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same. at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents. and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications. and the Drawings mentioned therein. and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids. are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder. as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen'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. • • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA Party of the F st Part -' BY _ 1111.1111 City Manager TTES _ 410! Ci/ BY • '^JS f C71 ' 1 ��tvarA.16821Ai ls772vc _ ^I CONTRACTOR - Party of the Second Part 6.r. E C ri z , G.,./A.71,€)...7-e," • Title Z71 ie V 7de ' 11403 Address Cz> s Q tleS� CA q2 2( • • • • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION • SEAL BEACH SIGNAL SYSTEM UPGRADE, PROJECT NO. 751 • Indemnitor(s) (list all names): - - .rnl ,Ldl TAIE Rr N4 s'T Pvc � .rUN (Z c , To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, • judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other.professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act. error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly • • or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement ") or the performance or failure to perform any term. provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity • provision is effective. regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity • provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not requited as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. indemnitor shall ,pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability. of any insurance - coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it. hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties. from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees-. In the event there is more than one person or entity named in the Agreement as , an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. • • "Indemnitor" Name .INSStCT.T.D/1&✓f, NERTAl4 CONSTktY Name: • • By: ©tc7r79- n * By: Its / c / Its • ■ • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS • [L Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the•provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency. forfeit not more than fifty dollars (S50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. • 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform, the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. • 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance wiih Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall. as a penalty to the Agency, forfeit twenty -five dollars (525) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such 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 Division 2. Part 7, Chapter 1, 'Article 3 of the California Labor Code: 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of 'California Labor Code. Section 1861. Contractor hereby certifies as follows: • "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract." Date ( ( 1 V O 0 Signature 1G. • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS • [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] • I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business & Professions Code § 7028.15: • (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) . If a person has been previously convicted of the offense described in this section. the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work. or four thousand five hundred dollars ($4.500), whichever is greater, or imprisonment in the county jail for not Tess than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and Labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license. as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the hid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services withir. the scope of their respective practices. (e) Unless one of the foregoing exceptions applies. a bid submitted to a public agency by a . contractor who is not licensed in accordance with this chapter shall be considered not- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase older, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance .with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer. or .employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within • three business days. For purposes of this section. a telephone response by the board shall be deemed sufficient. • Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved. no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the • Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre - qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: Class: /7 _ Expiration date: / Date __ 1 1270°0 Signature • • • • 41 1 s . . WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by CLARENDON NATIONAL INSURANCE COMPANY NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740 -6379. 2. The insureds under such policy or policies are: INSPECTION ENGINEERING CONSTRUCTION 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER E)~1±CTIVE DATE EXPIRATION DATE 01KR0021573 09/24/99 09/24/2000 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless a until thirty ays' advance w • n notice thereof has been served upon the City Clerk of the CI 0 SEAL BE H. By Ak 1 - . k Its • uth• zed • ito esentative • Page Intentionally Left Blank • • S INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. ;Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents iu the performance of the Contract. Contractor shall also provide an endorsement in subsiantinlly:.ie fc,rrn sy:.fc.n ai ENDORSEMENT • IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: SEAL BEACH SIGNAL SYSTEM UPGRADE,PROJECT NO.751 IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS. IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR. OR AN OFFICER,EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLICENCE OR WILLFUL MiSCONDUCf OF TI-W CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. • THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS,OR OTHERWISE MATERIALLY CHANGED,UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS. AGENTS, EMPLOYEES 1 5 QFC 1aQ9 • AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTORS INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER • • • • • • • • • S • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY INSPECTION ENGINEERING CONSTRUCTION Name and address of named insured ("Named Insured"): _ " FIRST:SPECIALTY INSURANCE COMPANY. Name and address of Insurance Company("Company"): SEAL BEACH SIGNAL SYSTEM UPGRADE, PROJECT NO.751 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: . 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional insureds") under the Policy in relation to those activities described genera iy above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agiecment(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as irivally (smiled wiii continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity. construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 • 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the.limits, agreements, or exclusions of the policy to which this " endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY GENERAL-LIABILITY'. ' 11/11/99 — 11/11/00 $2,000,000 AGGREGATE 1L.'• Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: a Contractual Liability C Explosion Hazard • G Owners/Landlords/Tenants U Collapse Hazard X Manufacturers/Contractors G Underground Property Damage X Products/Completed Operations ❑ Pollution Liability X Broad Form Property Damage TI Liquor Liability Ewf:nded•c:Odily Injary • • Broad Form Comprehensive, ❑ ' X General Liability Endorsement' • :12. :•' A X deductible or 0 self-insured retention (check one) of $ 1,000 PROPERTY DAMAGE applies to all coverage(s)except: - (if none, so state). The deductible is applicable '! per claim or E per occurrence (check • one). • 13. ' This is an X occurrence or U claims made policy(check one). 14.•' . This endorsement is effective on 1/20/00 at 12:01 A.M. and forms a part of Policy Number PGL50266 - 1, GREGORY WTECKERT (print name), hereby . ,declare under penalty of perjury under the laws of the State of California, that I have the authority to bind • the Company to this endorsement and that by my execution hereof,I do so bind the Company. • xected JANU(RY 20 - ,T% 2000 311111 Signtu re of homed Representative _ ..> • nu:[. �i�$i_ X17 ilasuie.,•'isii:jj s:6 $tS:.° ciaTnt711'P accepted) • • Phone No.: ( 714 ) 569-0800 ' • • • • • • o -o WI ••1 Of N • Y N -' 5 0 C to all 0 $ n 4'r I m -n i n a a g a $ § � a I ti 5. m i t II T .0 x 24 I all a a' U Nnj a e, j 1 • a m sib co o s7 m 0 0 3 o a�a a a 3 c �- 7 a a d y < C) cc .....__..... m 3 N H as a E IC a \/ A d 0 v ©0' a M a a A p o_ • E I N C __._�-___. _ _.._.. _......_..... o to 1 li -� q ti `? *Igs —g - T •y cn E � • • nspeetlogn Fng rnreenitt a nstruction' 1/4/2000 Mr. Bell Zimmerman, P.E. City Engineer City of Seal Beach 211 Eighth Street Seal Beach, Ca 90740 Reference: LTR-I Subject: Project Team Members Dear Bell: As the city requested in the contract document, the construction schedule, Project Manager, Project superintendent, 24-Hour Emergency Numbers, Contacts after Hours for any Citizen Complaints. The Following are the names and Numbers: Project Manager & Superintendent Jamal Deaifi Forman Jose Vega 24Hours Numbers 714-814-9596 Contacts after Hours 714-285-6965 If you have any question please contact me at 714-285-6965 Ins ection Engineering Construction Ir- JAMAL DEAIFI 2775 Mesa Verde Drive East. Suit M 103,Costa Mesa,Ca 92626(714)-285-6965. Fax (714)-434-7719 License#767793 • • Bond No. SD00083240 Premium: $2, 387 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded InspectionEngineeringConstructnn __. 2775 Mesa Verde Drive East M103 ecQsta Mesa, CA 9.2625,,w (Name and address of Contractor) ('Principal"),a contract(the"Contract")for the work described as Inflows; 751 _ Seal,_,l each Bl d v Sign —Soy ten upgrade WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE., we, the undersigned Principal.and C._, _ Frontier Pacific rInsurance ompany___,___ 101 West Broadway, StLLe__700 _San. Di Prao, CA 921 n1 _a2na (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of Calitcrnia. a; Surely, are held and firmly hound unto the Public Agency in the penal sum et OneHundredNineteenThousand_ .ThreeHUndr,edSixtE--Two — _ :collars (5 1.1 9 , 362 .flU.,......�_.. ), this amount being not ;ass trier the t:.ta; contract price. in lawful money of the United States of America. for the payment of which sum well art truly to Sc made, we bind ourselves, our heirs, executors. administrators. successors, and assigns.jchnly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT. if the hereby bounded Principal, his. aei or its heirs. executors, administrators. successors or assigns. shall in all things stand to and abide by. Lnil well and hely keep and perform all tht. undertakings, terms. covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified,and in all respects according to their .rue intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents. and others as therein provided.then this obligation shall become null and void;othetwise,it shall be and remain in full !brae and effect. In case 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 he performed thereunder. or the specifications far the gam:.. 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 terns of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code tia 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF. two (2) identical counterparts of this instrument, each of which shall for all purposes he deemed an original hereof. have been duly executed by Principal and • • Bond No SD00083240 (Continued) Surety. on the date set forth below. the name or each corporate party being hereto affixed and these presents duly signed by its undersigned represenlativets)pursuant to authority of its governing body. Dated: "Principal" .Surety" Inspection Enai neerina Frontier Pari fi r• Tnsuran_ce Company Construction By I3y: /// fir �✓ - Jamal DeaifirsProprietor Blake A Pfistk'rAttorney–in-fact By:— By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • Frontier Pacific Insurance Company 101 W Broadway, Suite 700 San Diego, CA 92101-8208 800-238-2100 • CALIFORNIA ALL•PURPO. ACKNOWLEDGMENT • 1.t = c, . — ,t,;C',}, -vr.�'"�. .�CGCx z^.C.' �.1,c_<`Ly:� •;c�:,Gl:..�( _ _ .�.:� �. -.. c - _ State of California :: t i~ County of Orange ,- On 1-28-2000 before me, Lianne Nahina Pfister, Notary Public, c, Dale Name and Title of Officer(e.g., Doe.Notary Public-) O personally appeared Blake A. Pfister Namelsl of Signerls) X personally known to me–OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) C' whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the >h c,. same in his/her/their authorized capacity(ies), and that by 3 his/her/their signature(s) on the instrument the person(s), LIANNE NAHINA PFISTER c: , or the entity upon behalf of which the person(s) acted, _ Commission# 1150091 C �` Notary Public-California executed the instrument. T .�^ Orange County '*m" My Comm.Expires Aug 4,2001 WITNESS my hand and official seal. ��Si „ Signature „tar uIlic ., OPTIONAL S Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document :? Title or Type of Document: SD00083240 , Performance Bond • Document Date: January 28 , 2000 Number of Pages: _ Signer(s) Other Than Named Above: s Capacity(ies) Claimed by Signers) '` ii Signer's Name: Blake A. Pfister Signer's Name: h iii h Individual ❑ Individual -: Corporate Officer ID Corporate Officer Title(s): Title(s): Partner— E Limited ❑ General ❑ Partner—Li Limited l General X Attorney-in-Fact ❑ Attorney-in-Fact Trustee ❑ Trustee 9 i, RIGHT THUMBPRINT RIGHT THUMBPRINT (• Guardian or Conservator • •-:OF SIGNER ,;,. ❑ Guardian or Conservator - OFSIGNER . %? Q E, Other: Top of thumb here ❑ Other: Too of thumb here O h Signer Is Representing: Signer Is Representing: n Frontier Pacific Insurance Company r 0 1595 National Notary Association•8236 Remo Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder Call Toll-Free 1600-676-6627 • • • PREMIUM INCLUDED • IN THE PERFORMANCE BOND PAYMENT BONA. Bond No. SD00083240 (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded to Inspection Engineering Construction 9,775 Mesa VPrds East M103 Costa Mesa, CA 92626 (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows:__,__ 751 ; Seal Beach Blvd Signal. Systez_Upgrade 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 Frontier Pacific Insurance Company 101 West Broadway. Suite 700 San, Diego. CA 92101 -82OR • (Name and address of Surety) • ('Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, arc held and firmly bound unto the Public Agency in the penal sum of O n e Hu n d r e d N i net e e n Thousand ThreeHUndredSi2cty—Two Dollars ($ 119_4362 .00 this amount being not less than fifty percent t50'a) of the total contract price, in lawful money of the United States of America, for the payment of which sur, well and truly to be made, we hind 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 3181 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. This bond shall insure to the benefit of any of the persons named in Section 3181 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. fn case 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 thereu,t6er. 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 §§2845 and 2849. end No. SD00083240 (Contined) IN WITNESS WHEREOF. two (2) identical counterparts of this instrument, each of which shall for all purpusc, be deemed an unginal 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 representatives)pursuant to authority of its governing body. Dared: "Principal" •"Surety- InspectionDEngineering FrointiprPacific ,_ Construction • Insurance Company (L By; By:jita —Th Jamal Deaifi , Proprietor • . Blake A Pfister, Attorney-in-fact B v: $y: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • CALIFORNIA ALL-PURPOl ACKNOWLEDGMENT • ,:«. C<:c^c<: `c<c<%G;.x-<'c-cc `cl ccC _,-c-Y• c- CC:CC _C<%C<` : %C:, Cti<•, < icorfx'.xi....!'.. ti::..c`..si 1? i C e. c State of California S County of Orange .', ' On 1-28-2000 beforeme, Lianne Nahina Pfister , Notary Public, ,> Date Name and Title of Officer(e g..'Jane Doe.Notary Public) A personally appeared Blake A. Pfister Name(s)of Signertsf X personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) ;S whose name(s) is/are subscribed to the within instrument } O and acknowledged to me that he/she/they executed the ' S.: same in his/her/their authorized capacity(ies), and that by .4 <s his/her/their signature(s) on the instrument the person(s), . r!Ar- NAHINA PFISTER or the entity upon behalf of which the person(s) acted, ,S ' ° G sio^ - 11-0091 z executed the instrument. < t+c } z F m _ y _ona California > 2 �3 F/ o-.°c`aunty WITNESS my hand and official seal -v%"' r.4,,"o.-"-.rxa res Aug 4,2001 y `/ hi / ` r of NoPUnlic n k di g OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent '2 fraudulent removal and reattachment of this form to another document. r; 5 • Description of Attached Document .,i Title or Type of Document: Payment Bond SD00083240 • Document Date: January 28 , 2000 Number of Pages: X ss Signer(s) Other Than Named Above: .. Capacity(ies) Claimed by Signer(s) .3 Signer's Name: Blake A. Pfister Signer's Name: •� _. Individual ❑ Individual Corporate Officer lill Corporate Officer Title(s): Title(s): ' El Partner— E Limited ❑ General ❑ Partner—IT Limited Li General o X Attorney-in-Fact El Attorney-in-Fact S h Ei Trustee ❑ Trustee 5 j - RIGHT THUMBPRINT RIGHT THUMBPRINT Guardian or Conservator < �GF SIGNER�'.' ❑ Guardian or Conservator .. ,OF SIGNER'•1- ..4 II Other: Top of thumb here ❑ Other: Top of thumb ne:e i) 3 i. Cr Signer Is Representing: Signer Is Representing: cii v. Frontier Pacific Insurance Company S r c, ':. -emu < V cc:C'=,.,a`y u. .;Ci,,,X7C <X,CC:eR;e4Ci.:'Cti,C„•:C:i%i)CC;CC,C<XX:'%<.;<X<-.,u.:'-%c.'<:c<':.<.C;<;CCG;-A,i:A.:C:::;i: \ ,,.i-:'.:.C<Cr✓ 01995 National Notary Association•8236 Rommel Ave..P0.Box 7184•Canoga Park,CA 913097184 Prod.No.5907 Reorder:Call loll-Free 1.800-876-6827 • =RONTIER I INSURANCE COMPANY (a California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY Attached to SD00083240 • RI nom Alf cellen 43y %'rycsc lrescnts:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. 'RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings.recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business: "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: BLAKE A. PFISTER of Irvine in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PAC FIC NSURANC COMPANY,and all the the acts of said tomey(s) n act pursuant to the athority herein given are hereby ratified and confirmed. 3n (Witness 920liereor FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of , 19 98 23rd July FRONTIER PACIFIC INSURANCE COMPANY jf))e, �d ..o i ii' rMn}!O .� S `+o.w"'::?rt BY: +.. Y,/ DAVID E.CAMPBELL.Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On July 23, 1998 before me,N.Ortiz,personally appeared David E.Campbell,personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • Witness my hand and official seal ;`t�• Commission Putt- lkal2 r+otofrruoae-caAtarrtW boo San b r` A�yC.Or17n. �4I Signature of Notary Public I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed•my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the January Corporation this 2 8th , 2000 9,4,4 day of y (Document Printed On Recycled Paper:C.R.C.Rule 201(d)) 1 @! Joseph P.Loughlin,Secretary 6Vvo oat tt FM 19-500213-FP(11/8a) `.J / • BOOK 1II0F 111 CONTRACT DOCUMENTS GENERAL AND SPECIAL PROVISIONS, APPENDIX FOR: • SEAL BEACH SIGNAL SYSTEM UPGRADE • PROJECT NO. 751 . These Contract Documents are the exclusive property of the Agency and shall not be used in any uwn 'ci without prior consent of the Agency Any reuse of these plans and specifications by Others shalt he at O,het's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET SEAL BEACH. CA 90740-6379. • 0 GENERAL AND SPECIAL PROVISIONS 100 GENERAL PROVISIONS: STANDARD calendar days from the date written notice of the SPECIFICATIONS The General Provisions which award is mailed to bidder. No bid proposal shall be shall apply to this contract shall be the applicable considered binding upon the City until such time as a portions of the Standard Specifications for Public contract has been executed by the City. Works Construction, 1994 edition, published by 201.1.3 CONTRACT BONDS. The successful Building News, Inc.. 3055 Overland Avenue. Los bidder shall furnish to the City at its own expense the Angeles, California 90034, and any supplements or following two surety bonds, in forms satisfactory to amendments thereto, referred to herein as the the City Attorney. issued by a company authorized to "Standard Specifications," except as modified by the Special Provisions set forth below. The Standard issue such bonds in the State of California. Each such Specifications are by this reference made a part bond shall be in the amount of 100% of the contract hereof as though set forth at length, except to the price, one bond being conditioned upon the faithful extent they conflict with the Special Provisions. performance of the contract work and the other upon payment of those supplying labor and materials as The Contractor is required to comply with the required by Civil Code Section 3247 et seq. Each Standard Specifications in addition to the bond shall be executed in accordance with the requirements set forth in the Special Provisions. the Instructions For Execution of Instruments set forth in Plans, specific project provisions and the other the proposal section and each bond shall be executed contract documents. In case of conflict between the by a California admitted surety insurer, and shall be Standard Specifications and the Special Provisions as subject to disapproval by the Director of Public set forth herein. the Special Provisions shall take Works or City Attorney. precedence over and be used in lieu of the conflicting provision(s). "Specifications" as used in the contract If the Surety on any Bond furnished by the documents refers to the Standard Specifications as Contractor is declared a bankrupt or becomes well as the Special Provisions. insolvent or its tight to do business is terminated in California. the Contractor shall within 7 days 200 GENERAL PROVISIONS: SPECIAL thereafter substitute another Bond and Surety. which PROVISIONS must be acceptable to the City. 201 SPECIAL PROVISIONS APPLICABLE TO 201.1.1 INSURANCE. The Contractor shall at all ALL CONTRACTS times during the term of this Contact. carry. 201.1 AWARD OF BID AND EXECUTION OF maintain and keep in full force and effect. a policy or CONTRACT policies of comprehensive public liability insurance in which the City is the named insured or is named as 201.1.1 DECISION AS TO WHICH an additional insured with the Contractor in CONTRACTOR IS THE LOWEST :accordance with Section 7-3 of the Standard RESPONSIBLE BIDDER. All bidders must submit Specifications. The insurance company issuing such with their proposals satisfactory evidence that they policy(ies) must be acceptable to. and approved by. are capable of performing the work in accordance the Director of Public Works and City Attorney. with with Plans and Specifications. The Director of Public minimum Emits of no less than One Million Dollars Works may require any bidder bidding on any public (51.000.000.00) combined single limit coverage per improvement to submit experience records covering a occurrence for personal injury or death andior three-year period. The City may reject the bid of any property loss or damage which may arise from or bidder who has been delinquent or unfaithful in the relate directly or indirectly to the performance of the performance of previous contract work as discussed Contractor and/or its subcontractors. Contractor shall in section 201.1.6. The City's decision shall be final also provide an endorsement in substantially the form and binding upon all parties. set forth in the contract section attached hereto. 201.1.2 EXECUTION OF THE CONTRACT. The Contractor shall also at all times during the term of this contract' carry. maintain and keep in full force Contract shall be executed by the successful bidder in and effect a policy or policies of Workers' accordance with the Instructions for Execution of Compensation insurance and shall provide to the City Instruments. and returned to the City for execution, evidence of such coverage in the form set forth and shall be accompanied by bonds as described in herein. section 201.1.3 below and evidence of insurance as described in section 201.1.4 below, all within 15 • • The insurance provided by the Contractor hereunder Contractor, at any time on request. shall satisfy the shall be licensed to do business in the state of City that the Social Security and withholding taxes California. with companies with a Best's Financial are being properly reported and paid. Rating of XI or better. and with companies with Best's General Policy Policyholders Rating of not 201.2.3 PREVAILING WAGES. In accordance less than B. except that in case of Worker's with the provisions of Labor Code Section 1770 et Compensation Insurance. participation in the State seq., the Director of the State Department of Fund, where applicable, is acceptable. Industrial Relations has ascertained the general prevailing rate of wages applicable to the work to be In case of the breach of any provision of this section, done under a contract for public improvement. The the City may, at the Director of Public Works' Contractor and all subcontractors will be required to option, take out and maintain at the expense of the pay to all those employed on the project sums not Contractor, such insurance in the name of the less than the sums set forth in the documents entitled Contractor,or subcontractor, as the Director of Public "General Prevailing Wage Determination made by Works may deem proper and may deduct the cost of the Director of Industrial Relations pursuant to taking out and maintaining such insurance from any California Labor Code Part 7. Chapter 1. Article 2. sums which may be found or become due the Sections 1770. 1773. 1773.1 and 1776." Contractor under this Contract. A copy of the above-described documents is on file 201.1.5 COMPLIANCE WITH PROVISIONS OF and may be inspected in the office of the Director of THE PUBLIC CONTRACT CODE. The Contract Public Works. The Contractor shall post a copy of the shall conform with the provisions of Sections 4101 prevailing wage rates at each job site. through 4113. inclusive. of the Public Contract 201.2.4 LABOR SECTION PENALTIES. The Code, as amended. concerning subcontractors and subcontracts. Contractor shall comply with Labor Code Section 1775 and shall forfeit to the City a penalty in an 201.1.6 REJECTION OF BIDS. Bid proposals may amount, to be determined by the Labor be rejected by the City where, upon evidence of a Commissioner pursuant to the cited section. of net prior performance of the bidder. the City makes a more than fifty dollars ($50) per worker. for each finding that the bidder is net a responsible contractor calendar day or portion thereof during which the because of unsatisfactory performance within the past Contractor or any subcontractor under him has paid three years with the City or other public entities. The to any worker employed in the project an amount Tess City reserves the right to reject any or all bids and to than that required by the provisions •of section waive any irregularity or informality in any bid to the 201.2.3 hereinabove. extent permitted by law. 201.2.5 WORKING HOURS. Pursuant to Labor 201.2 SPECIAL PROVISIONS: LEGAL Code Section 1813, the Contractor shall forfeit as a RELATIONS AND RESPONSIBILITY TO THE penalty to the City the sum of twenty-five. ($25.00) CITY dollars for each workman employed in the execution 201.2.1 LAWS TO BE OBSERVED. The of the Contract by him or by any subcontractor under Contractor shall keep himself fully informed of all him for each calendar day during which such .vorker existing and pending state and federal laws. all is required or permitted to work more than eight (8) municipal ordinances and regulations. and all orders hours in any one calendar day and forty (40) hours in and decrees of bodies or tribunals having jurisdiction any one calendar week_ in violation of Labor Code or authority over the work which in any manner Section 1810 et seq. affect those employed in the work or the material 201.2.6 APPRENTICES. The Contractor or any used in the work, or which in any way affect the subcontractor under him shall comply with the conduct of the work. The Contractor shall requirements of Labor Code Sections 1777.5 and particularly observe all ordinances of the City in 1777.6 in the employment of apprentices. Willful relation to the obstruction of streets or conduct of the failure to do so shall subject the Contractor and/or work, keeping open passageways and protecting the subcontractor to the penalties described in Labor same where they are exposed or dangerous to traffic. Code Section 1777.7. 101.2.2 SOCIAL SECURITY REQUIREMENTS. Information relative to apprenticeship standards and The Contractor shall furnish to the City satisfactory administration of the apprenticeship program may he evidence that he and all subcontractors working for obtained from the Department of Industrial Relations. him are complying with all requirements of the San Francisco. California. or from the Division of federal and state Social Security legislation. The Apprenticeship Standards and its branch offices. • • 201.2.7 REGISTRATION OF CONTRACTORS. 201.2.12 CONTRACTOR'S RESPONSIBILITY At the time of the award of the Contract, the FOR WORK. Until the final acceptance of the work successful bidder shall possess a valid contractor's by the City. by written action of the Director of license. and shall comply with any applicable City Public Works. the Contractor shall have the charge requirements concerning Contractor qualifications. and care thereof and shall bear the risk of injury or Submission of a bid by one without a license subjects damage to any part of the work by the action of the the bidder to civil penalties pursuant to Business and elements or any other cause. The Contractor shall • Professions Code Section 7028.15. rebuild, repair. restore and make good all injuries or 201.2.8 PERMITS AND LICENSES. The damages to any portion of the work occasioned by Contractor shall procure all permits and licenses, any cause before its completion and acceptance and (including Seal Beach business license), pay all shall bear the expense thereof, except for such charges and fees and give all notices necessary and injuries or damages arising solely from the incidental to the due and lawful prosecution of the negligence or willful misconduct of the City, its work officers. agents or employees. In the case of suspension of work for any cause whatever. the 201.2.9 PATENTS. The Contractor shall assume all Contractor shall be responsible for all materials and responsibility arising from the use of any patented. or the protection of work already completed and shall allegedly patented materials. equipment. devices or properly store and protect them if necessary and shall processes used on or incorporated in the work, and provide suitable drainage and erect temporary shall defend, indemnify. and hold harmless the City. structures where necessary. and each of its officers. agents. and employees from 201.2.13 MAINTENANCE AND GUARANTEE. and against any and all liabilities. demands. claims. damages. losses. costs. and expenses. of whatsoever 201.2.13.1 The Contractor hereby guarantees that the kind or nature. arising from such use. entire work constructed by him under the contract 201.2.10 INDEMNITY. The Contractor agrees to will meet fully •all requirements as to quality of workmanship and materials. The Contractor hereby defend. indemnify, and save harmless the City, and agrees to make at his own expense any repairs or each of its officers, officials, volunteers. agents. replacements made necessary by defects in materials attorneys. and employees (including but not limited to the firm. it; officers) who ate providing services to or workmanship that become evident within one year the City. from and against any and all liability or after the date of the final payment. and to restore to full compliance with the requirements of the Plans. financial loss of any kind resulting from any suits, Specifications and other contract documents. claims. losses or actions brought against, and from all including any test requirements set forth for any part costs and expenses of litigation brought against, City. of the work constructed hereunder. any work which and any member thereof and any officer. official, during said one-year period is found to be deficient volunteer. employee. attorneys. or agent (including with respect to any of such provisions. The 'the firm, its officers) of City which results, in whole Contractor shall make all repairs and replacements or in part. directly or indire from any act or promptly upon receipt of written orders for the same omission of Contractor or any y subcontractor, or an officer. employee or agent of either, or anyone for from the Director'of Public Works. If the Contractor whose acts any of these may be liable. while engaged fails to make such repairs and replacements as in the performance of this Contract. except where required hereunder. the Contractor and his sureties such liability or loss is caused solely by ne<�' shall be liable to the City for the cost thereof. y gngence or willful misconduct of the City. 201.2.13.2 The guarantees and agreements set forth 2013.11 NOTICE. The address given in the in 201.2.13.1 of this section shall be secured by a Contractor's bid proposal is the place to which all surety bond which shall be delivered by the notices to the Contractor shall be mailed or delivered. Contractor to the City before the Notice of The mailing to or delivering at such address of any Completion and acceptance of the work by the notice shall be deemed sufficient service thereof upon Director of Public Works as provided in Subsection the Contractor. and the date of that service shall be 6-8 of the Standard Specifications. Said bond shall be the date of such mailing or delivery. Such address in the form approved by the City .Attorney and may be changed at any time by written notice signed executed by a surety company or companies by the Contractor and delivered to the Director of satisfactory to the City. in the amount of 100% of the Public Works. Contract. Such bond shall remain in force for a period of one year after the date of Notice of • Completion and acceptance. Alternatively. the • • r Contractor may provide for the Faithful Performance transfer nor sublet any part of the work except with Bond furnished under the Contract to remain in force the written consent of the City by the Director of and effect for said amount until the expiration of said Public Works and of the surety of the Contractor's one-year period. bond. in accordance with Public Contract Code 201.3 SPECIAL PROVISIONS: PROSECUTION section 4107 et seq.. and the consent of the Surety. AND PROGRESS OF THE WORK together with a copy of the subcontract, shall be filed with the Director of Public Works. No assignment, 201.3.1 WORK SCHEDULE. As soon as notified of transfer or subletting. even though consented to. shall the award of the Contract. the Contractor shall relieve the Contractor of his liabilities under the prepare and submit to the Director of Public Works a Contract. Subcontractors shall not be recognized as work schedule for accomplishing the work within 5 such, and all persons engaged in the project will be Calendar Days. Said schedule must show the dates of considered as employees of the Contractor, their the expected start and completion of the various work being subject to the provisions of the Plans. the items of the Contract work. The construction Specifications and other contract documents. Should schedule shall be in the form of a Gant/Bar Chart and any subcontractor fail to perform the work a Critical Path Method schedule and both shall be in undertaken by him to the satisfaction of the Director sufficient detail to show the chronological of Public Works, said subcontractor shall be removed relationship of all activities of the project including, immediately from the project upon request by the but not limited to. estimated starting and completion Director of Public Works, and shall not again be dates of various activities, scheduling of equipment. employed on the work. and the Contractor shall be procurement of materials. The construction schedule held liable for the deficient work. shall reflect completion of all work under the The Contractor shall submit to the City a list with the Contract within the specified time and in accordance with the contract documents. The City will accept the names, addresses and telephone numbers of all schedule for the limited purposes such as payment subcontractors who will work under him on the application evaluation, scheduling performance project prior to commencement of the work. The list evaluation. Said acceptance does not relieve the may be amended from time to time as long as no subcontractor is added to the list without the prior Contractor of its responsibility for scheduling_, consult of the City. No work may be performed by sequencing_ and pursuing work to comply with the requirements of the Contract Documents. subcontractors that is not on the list. The Contractor must submit deliver a schedule 201.3.3 LABOR, MATERIALS, AND EQUIPMENT: The Contractor shall rovide update to the Director of Public Works with each competent suitably qualified personnel to survey and monthly payment application. No payment will be lay out the Work and perform construction as made to the Contractor unless said schedule is required by the Contract Documents. The Contractor submitted and accepted by the City. shall at all times maintain good discipline and order During a scheduling conference between the at the site. Any overseer, superintendent, laborer or Contractor and the Director of Public Works. the other person employed on the work by the Contractor work schedule will be discussed and modified, if who is intemperate. incompetent. troublesome or necessary. by mutual agreement. Should it become otherwise undesirable. or who fails or refuses to necessary for the City to delay temporarily the work perform the work in the manner specified herein. schedule agreed upon during the scheduling shall be discharged immediately and such person conference. every effort will be made to permit a new • shall not again be employed on the work. work schedule at the time most convenient to the Except in connection with the safety or protection of Contractor. thus permitting the project to proceed with the shortest intramural movement of the persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in equipment. the Contract Documents, all Work at the site shall be 201.3.1.1 HOLIDAYS: The Contractor shall not performed during regular working hours. and the schedule any work during any day for which the City Contractor will not permit overtime work or is closed for business unless prior written approval is performance of Work on Saturday. Sunday. or any obtained from the Director of Public Works. legal holiday without the Director of Public Works 201.3.2 SUBLETTING AND ASSIGNMENT. The written consent given after prior written notice from the Contractor. If the Contractor performs any work Contractor shall give his personal attention to the after regular working hours, or on Saturday. Sunday. fulfillment of the Contract and shall keep the work under'his control. The Contractor shall not assign. • • or any legal holiday, it shall pay the City as a result The Contractor shall designate in writing and keep on of such work. the work at all limes during its process a competent. Except as otherwise provided in this Article. the full-time, reliable. technically qualified. English Contractor shall receive no additional compensation speaking superintendent, who shall not be replaced for overtime work. i.e_ work in excess of 8 hours in without written notice to the Director of Public any one calendar day or 40 hours in any one calendar Works except under extraordinary circumstances. day week. even though such overtime work may be Under extraordinary circumstances and in the required under emergency conditions and may be absence of the superintendent from the site of the ordered by the Director of Public Works in writing. project, even if such is only of a temporary duration. Additional compensation will be paid to the the Contractor must provide and leave at the site a Contractor for overtime work only in the event that competent and reliable English-speaking agent or extra work is ordered by the Director of Public foreman in charge. The superintendent shall be the Works, and the Change Order specifically authorizes Contractor's representative at the site and shall have the use of overtime work of overtime work and then authority to act on behalf of the Contractor. All only to such extent as overtime wages are regularly notices, communications. orders or instructions being paid by Contractor for overtime work of a given. sent to, or served upon the superintendent or similar nature in the same locality. temporary agent shall be as binding as if given to the Contractor. The Contractor shall issue all its All costs of inspection and testing performed by the communications to or through the Director of Public Director of Public Works or its authorized Works. representative before 7:00 AM or after 4:00 PM on The Contractor's superintendent shall be present at any regular working day, or all day on Saturday. the site of the Work at all times while work is in Sunday, or any legal holidays by the Contractor progress. Failure to observe this requirement shall he which is allowed for the convenience of the Contractor shall be borne by the Contractor at the considered as suspension of the Work by the City's standard overtime rates. The Director of Public Contractor until such time as such superintendent is Works shall have the authority to deduct the cost of again present at the site. all such inspection and testing fi_m any partial 201.3.5 TEMPORARY STOPPAGE OF payments otherwise due the Contractor. CONSTRUCTION ACTIVITIES. The Director of Unless otherwise specified in the Contract Public Works shall have the authority to suspend the Documents. the Contractor shall furnish and assume Contract work, wholly or in part. for such a period of . time as he may deem necessary. due to unsuitable full responsibility for all materials, equipment. labor, weather or to such other conditions as he considers In:Importation. construction equipment and unfavorable for the proper prosecution of the work. to machinery. tools, appliances, fuel, power. light, heat. or for such time as he may deem necessary due to telephone. water, sanitary facilities, and incidentals failure on the part of the Contractor or his workmen necessary for the furnishing. performance. testing. start-up, and completion of the Work. to carry out orders or to perform any of the requirements of the Contract. The Contractor shall 201.3.4 SUPERVISION AND immediately comply with such an order from the SUPERINTENDENCE: The Contractor shall Director of Public Works and shall not resume supervise and direct the Work competently and operations until so ordered in writing. efficiently, devoting such attention thereto and • 301.3.6 TIME OF COn9PLET1ON AND necessary such skills and expertise as may be LIQUIDATED DAMAGES. The Contract time may the Contract to perform the Work in accordance with only be changed by a Change Order. Any claim for the Contract Documents. The Contractor shall be extension or shortening of the Contract time shall be solely responsible for the means. methods, based on written notice delivered to the Director of techniques, sequences and procedures of construction. but the Contractor shall not be Public Works promptly (but in no event later than 30 days) after the occurrence of the event giving rise to responsible for negligence of others in the design or the claim and stating the general nature of the claim. selection of a specific means, method. technique. sequence or procedure of construction which is Notice of the extent of the claim with supporting data indicated in and required by the Contract Documents. shall be delivered within 10 days after such The Contractor shall be responsible to see that the occurrence (unless the Director of Public Works finished work complies accurately with the Contract allows an additional period of time to ascertain more Documents. accurate data in support of the claim) and shall he accompanied by claimant's written statement that the • • adjustment claimed is the entire adjustment to which the Contractor or subcontractors. floods. or the claimant has reason to believe it is entitled as a earthquakes. a state of war or emergencies. or by result of the occurrence of said event. All claims for delays of subcontractors due to such causes. provided adjustment in the Contract Time shall be determined that the Contractor shall. within 10 days from the by the Director of Public Works. No claim for an beginning of such delay, notify the City. in writing. adjustment in Contract Time will be valid if not of the cause of the delay. The City will ascertain the submitted in accordance with the requirements of this facts and the extent of the delay. and its finding article. thereon shall be final and conclusive. If the City The Contract Time will be extended in amount equal deems it appropriate to assess the Contractor to time lost on the critical path due to delays beyond liquidated damages for failure to timely complete the he control of the Contractor if a claim is made project or a portion thereof, such damages shall be as therefor as provided in section 201.3.6. Such delays specified in the Special Provisions of these Contract shall include acts by the Owner. acts of God, fire not Documents. due to acts of the Contractor or subcontractors. All time limits stated in the Contract Documents are foods. or earthquakes. a state of war or emergencies, the essence of the Agreement. or by delays of stitcontraetors due to such causes. 201.3.7 SUSPENSION OF CONTRACT. If at any If all the Contract work is not completed in its time. in the opinion of the Director of Public Works. entirety in accordance with all applicable the Contractor fails to supply an adequate working requirements within the time specified in the contract force. manufactured articles, or material of proper documents. the City shall have the right to grant or quality, or has failed in any other respect to prosecute deny an extension of time for completion, as may the work with the diligence and force specified and seem best to serve the interests of the City. intended by the terms of the Contract. the City will The Connector shall agree that it would be serve notice thereof in writing upon the Contractor, impractical and extreme!) difficult to fix the actual and should the Contractor neglect or refuse to provide means for satisfactory compliance with the damages to the City in the event the project is not Contract within the time specified in said notice and commenced andmr completed on or before the dates as directed by the Director of Public Works, the specified for conurercerneer and completion of the Director of Public Works shall have the power to project in the Contract Documents. I'he Contractor suspend the operation of the Contract and discontinue will consider the facts of a breach of this Contract all work or any part thereof; subject to review by the and shall agree that the liquidated damages sum City . Upon such a suspension. the Contractor shall hereinafter set forth is reasonable as liquidated discontinue work on the project. or on such part damages in the event of a breach. and that said sum thereof as the City may desigs nate, and the City may shall be presumed to be the amours: of the damages thereupon, by contract or otherwise. as it may sustained b■ the City in the event of such a breach. determine. complete the work or such part thereof. The Contractor therefore agrees that in the event such and charge the entire expense of so completing the work is riot begun arid/or completed and accepted by work or any part thereof to the Contractor. and for the times so specified in the Contract Documents, the such completion the City itself or its Contractors may sum specified in the Special Provisions of these take possession of and use, or cause to be used in the Contract Documents shall be presumed to be the completion of the work. or any part thereof. any such amount of damages suffered by ;he City for each materials, implements and tools of any description as day's delay in the starting and/or completion and may be found at the place of such work. All expenses acceptance of said Project after the dates .specified in charged for completion of work under this section the Contract Documents for the start anrL'on shall be deducted and paid for by the City first out of completion; thereof, and Contractor hereby agrees to any moneys then due or to become due the pay said sum as liquidated damages for each calendar Contractor under the Contract. or any part thereof. day of delay in the starting and/or completion and and the City shall not be held to obtain the lowest acceptance of said Project beyond the dates specified figure for the work of completing the Contract or any in the Contract Documents. Except as otherwise part thereof, or for ensuring its proper completion. provided herein. any and all such liquidated damages but all sums paid therefor shall be charged to the shall be assessed in accordance with the Standard Contractor. If the expenses so charged are less than Specifications. the sum which would have been payable to the The Contractor shall not be assessed with liquidated Contractor under the Contract if the work had been damages during any delay in the completion of the completed by the Contractor. the Contractor shall be work caused by acts of God. fire not due to acts of entitled to receive the difference. and if such • S expenses should exceed the amount payable under does not consider the Work substantially complete. the Contract. then the Contractor shall pay the the Director of Public Works will notify the amount of the excess to the City. upon completion of Contractor in writing. giving the reasons therefor. If the work. without further demand being made the Director of Public Works considers the work therefor. In the determination of the question as to substantially complete, the Director of Public Works whether or not there has been any such will prepare and deliver to the City for its execution a noncompliance with the Contract as to warrant the Notice of Completion, which shall fix the date of suspension or annulment thereof, the decision of the Substantial completion. As applicable. there shall be City shall be binding. attached to the said Notice a list of items to be 201.4 SPECIAL PROVISIONS: completed or corrected before release of retainage or MEASUREMENT AND PAYMENT funds withheld to secure payment for such items remaining to be completed or corrected. 201.4.1 MEASUREMENT AND PAYMENT. b. Completion shall mean Substantial Measntement of the quantities of work and payments completion, which shall mean substantial therefor shall be in accordance with Section 9 of the performance of the Contract as defined in Blacks Standard Specifications as modified by the following. Law Dictionary 4th Edition, by West Publishing Co.. Except as otherwise established, the monthly St. Paul Minn., See definition of "Completion" and payment date shall be the last calendar day of each Substantial Completion"in Article 1, herein. month. In accordance with subsection 9-3.2 of the Standard Specifications, the Director of Public Works 201.4.2.2 FINAL APPLICATION FOR will. after award of the Contract, establish a closure PAYMENT: date for the purpose of making monthly payments. After the Contractor has completed all such The Contractor may request in writing that such closure shall be changed, which request may be correction work referred to in the substantial approved by the Director of Public Works if it is completion section, herein, and delivered all compatible with the City's payment procedure. A maintenance and operating instructions. schedules. measurement of work performed and a progress guarantees. Bonds. certificates of inspection, marked- estimate of the value thereof based on the Contract up record documents (as provided in the General shall be prepared by the Contractor and submitted to Requirements) and other documents. all as requited the Director of Public Works before the tenth day by the Contract Documents, and after the Director of following the monthly payment date for verification Public Works has indicated that the work is and payment consideration by the Director of Public acceptable. the Contractor may make application for Works. final payment following the procedure for progress payments. The final Application for Payment shall be From each progress estimate. 10 percent will be accompanied by all documentation called for in the deducted and retained by the City. and the remainder Contract Documents. together with complete and less the amount of all previous payments will be paid legally effective releases or waivers (satisfactory to to the Contractor. the City) of all liens arising out of or filed in The Cost of all work as described in these contract connection with the work documents shall be included in contract unit prices If. on the basis of the Director of Public Works' bid for the various items of work requiring such observation of the Work during construction and final work, and no additional compensation will be inspection, and the Director of Public Works' review allowed. of the final Application for Payment and 201.4 2 FINAL INVOICE AND PAYMENT accompanying documentation. all as required by the Contract Documents, the Director of Public Works is 201.4.2.1 SUBSTANTIAL COMPLETION: satisfied that the Work has been substantially a. When the Contractor considers the Work completed. and the Contractor's other obligations under the Contract Documents have been fulfilled. ready for its intended use. the Contractor shall notify the Director of Public Works will. after receipt of the the City and the Director of Public Woiks in writing final Application for Payment. indicate in writing the that the work is substantially complete and request Director. of Public Works' recommendation of that the Director of Public Works prepare a Notice of payment and present the Application to the City for Completion. Within a reasonable time thereafter, the payment. Contractor and the Director of Public Works shall make an inspection of the Work to determine the Whenever. in the opinion of the Director of Public status of completion. If the Director of Public Works Works. the Contractor shall have completely • • performed the Contract. the Director of Public Works dispute exists between the subcontractor and shall notify the Agency Secretary that the Contract Contractor. up to 150 percent of the estimated value has been completed in its entirety. The Contractor of the disputed amount. If a retention payment shall then submit to the Engineer for approval a received by the Contractor is specifically designated written statement of the final quantities of Contract for a particular subcontractor, payment of the items for inclusion in the final invoice. Upon receipt retention shall be made to the designated of such statement. the Director of Public Works shall subcontractor. if the payment is consistent with the check the quantities included therein and shall terms of the subcontract. authorize the Contractor to submit an invoice which in the Engineer's opinion shall be just and fair, 201.4.2.4 SUBSTITUTION OF SECURITIES covering the amount and value of the total amount of FOR RETENTION: In accordance with Public work done by the Contractor, less ten percent (10%) Contract Code Section 22300, Contractor may of the total work done. The Engineer shall then substitute securities for retention moneys to be request that the City accept the work and that the withheld to ensure performance under this Contract. Agency Secretary be authorized to file. on behalf of At the request and expense of the Contractor. the City in the office of the Orange County Recorder, securities equivalent to the amount withheld shall be a Notice of Completion of the work agreed to be deposited with the City, or with an approved state or done by the Contractor. federally chartered bank in California as the escrow agent. who shall then pay such moneys to the After acceptance of the Work by the City's governing Contractor. Upon satisfactory completion of the body. the City will make final payment to the Contract, the securities shall be returned to the Contractor of the amount remaining after deducting Contractor. all prior payments and all amounts to be kept or retained under the provisions of the Contract Alternatively, at the Contractor's request and Documents_including the following items: expense. the City shell make payment of retentions ` earned directly to the escrow agent. At the Liquidated damages. as applicable. Contractor's expense. the Contractor may direct the investment of the payments into seemities and shall Two times the value of outstanding items of receive the interest earned on the investments on the correction wnrlt or pwrich list items indicated on the . . Nonce of Completion as being vet uncompleted or satire terms provided for in this section for securities uncorrected is applicable. Ail such work shall be deposited by the Contractor- Upon' satisfactory can-plated or corrected to the satisfaction of the City completion of the Contract. the Contractor shat sithin the Uric stated on the Notice of Completion, receive from the escrow agent all securities. interest. otherwise the Contractor does hereby waive any and and payments received by the escrow agent from the all claims to ail monies withheld by the City to cover City pursuant to the terms of this section. The the value of all such uncompleted or uncorrected Contractor shall pay to each subcontractor. not later items. than 20 days from receipt of the payment. the respective amount of interest earned, net of costs 201.4.2.3 RELEASE OF RETENTION: Pursuant attributed to retention withheld from each to Public Contract Code Section 7107. and in subcontactor, on the amount of retention withheld to accordance with the provisions therein. within 60 ensure Contractor's performance. days after the date of completion of the improvement. It is the Contractor's obligation to secure the services the retention 'xitiheld by the City shall he released. The F.rithRd Performance and Labor and Material of a state or federally chartered bank to act as ,_srnv c Bonds shall also he released at this time.except to the agent. Seem ities eligible for investment include those extent the former bond is to remain in force and listed in Government Code Section 16430 or bank or e`.f°et pursuant to ?012.13.1 hereinabove. In the savings and loan certificates of deposit, interest event of a dispute between the City and the bearing demand deposit accounts, standby letters of Contractor, the City may withhold from the final credit. or any other security mutually agreed to by Contractor and City. Contractor shall be the payment an amount not to exceed 150 percent of the beneficial owner of any securities substituted for disputed amount as provided in Section 7107. Within ;0 days from receipt by the Contractor of retention moneys withheld and shall receive any interest thereon. The escrow agreement used for substituted proceeds. Ccntracror shall pay each of its securities must be substantially similar to that set subcontractors from whom retention has been forth in Public Contract Code Section 22300. withheld its share of the retention received, except that Contractor may withheld from a subcontractor its 201.4.3 EXTRA WORK. Extra work. when ordered portion of the :etention proceeds if a bona fide in writing by the Director of Public Works and • • accepted by the Contractor. shall be paid for under employees from any and all claims or liability on written work order in accordance with the terms. account of work performed under the contract or any therein provided. Payment for extra work will be alteration thereof made at the unit price or lump sum previously agreed 201.4.7 RIGHT TO AUDIT If the Contractor upon between the Contractor and the Director of Public Works. All extra work shall be adjusted daily submits a claim to the City for additional upon report sheet furnished by the Contractor, compensation, the City shall have the right, as a prepared by the Director of Public Works, and signed condition to considering the claim, and as a basis for by both parties, and said daily report shall be evaluation of the claim, and until the claim has been considered thereafter the true records of extra work settled to audit the Contractor's books to the extent done. they are relevant. This right shall include the right to examine books, records, documents, and other 201.4.4 UNPAID CLAIMS. If upon or before the evidence and accounting procedures and practices. completion of the work herein agreed to be sufficient to discover and verify all direct and indirect performed, or at any time prior to the expiration of costs of whatever nature claimed to have been the period within which claims of lien may be filed of incurred or anticipated to be incurred and for which record as prescribed by the Code of Civil Procedure, the claim has been submitted. The right to audit shall any person or persons claiming to have performed include the right to inspect the Contractor's plans. or any labor or furnished any materials, supplies or such parts thereof. as may have been engaged in the services toward the performance of this Contract or performance of the Work. The Contractor further to have agreed to do so. files with the City a verified agrees that the right to audit encompasses all statement of such claim in accordance with Civil subcontracts and is binding upon subcontractors. The Code Section 3179 et seq.. or if any person brings rights to examine and inspect herein provided for against the City or any of its agents any action to shall be exercisable through such representatives as enforce such claim. the City shall until the discharge the City deems desirable during the Contractor's thereof withhold from the moneys that are under its normal business hours at the office of the Contractor. control an amount sufficient to answer the claim The. Contractor shall make available to the City for stated in such notice and to provide for the reasonable auditing. all relevant accounting records and cost of any litigation thereunder. as provided in Civil documents. and other financial data, and upon Code Section 3156: provided. that if the City in its request. shall submit true copies of requested records discretion permits the Contractor to tile such release to the City. bond as is authorized by Civil Code Section 3196 in a 201.5 CONTROL OF WORK sum equal to one and one-quarter times the amount of said claim. said money shall not thereafter be 201.5.1 AUTHORITY OF THE DIRECTOR OF withheld on account of such claim. PUBLIC WORKS. The Director of Public Works 201.4.5 MEDIATION AND ARBITRATION OF shall decide any and all questions that may arise as to CLAIMS. Pursuant to Public Contract Code Section the quality and acceptability of materials furnished 20104 (c). the current provisions of Public Contract and work performed. the manner of performance and Code Section 20101 et seq. dealing with the rate of progress of the work. and the interpretation of mediation and arbitration of public works claims are the Plans. the Specifications and other contract incorporated herein and a copy of these provisions is documents. The Director of Public Works shall attached hereto as Exhibit L likewise decide any and all questions as to the acceptable fulfillment of the Contract on the part of 201.4.6 ACCEPTANCE. The parties agree that no the Contractor. and all questions as to claims and certificate given, with the exception of the certificate compensations. The decision of the Director of of final payment. shall be conclusive evidence of the Public Works shall be final. and he shall have faithful performance of the Contract. either in whole authority to enforce and make effective such or in part. and that no payment shall be construed to decisions and actions as the Contractor fails to carry he an acceptance of any defective work or improper out promptly. materials. Further, the certificate of final payment , shall not terminate the Contractor's obligations under The Director of Public W orks shall have the authority his warranty hereinabove. The Contractor agrees that to designate. from time to time, agents or payment of the amount due under the Contract and representatives to have the authority to act on his p 'as behalf The Director of Public Works will designate the adjustments and payments due for any work done in accordance with any alterations of the same. shall these agents at the pre-construction conference. Any release the City. the City and its officers and reference to the "Director of Public Works" in these • • Contract Documents shall mean to include "or his used in the public imerest, or where the City is aware designee-. of only one brand or trade name. it may list only one. 201.5.2 CONFORMITY WITH PLANS AND 201.5.7 PROTECTION OF WORK. The ALLOWABLE VARIATION. Finished surfaces Contractor shall continuously maintain adequate shall in all cases conform with the lines. grades, protection of all work from damage. and the City will cross-sections and dimensions shown on the not be held responsible for the care or protection of approved Plans. Minor deviations from the approved any material. equipment or work, unless expressly Plans, whenever required by the exigencies of provided for in the contract documents. construction. must be authorized in writing in all 201.5.8 CONTRACT DOCUMENTS; CONFLICT cases by the Director of Public Works. OF TERMS. The Notice Inviting Sealed Bids. the 201.5.3 PROGRESS OF THE WORK. The Instructions to Bidders, the successful Contractor's Contractor shall begin work on the date agreed upon bid proposal and bid sheet. Contractor's Industrial following the scheduling conference mentioned in, Safety Record. Non-Collusion Affidavit, List of section 2013.1. and shall diligently prosecute the Subcontractors. Bidder's Bond. Information Required same to completion before the expiration of the time of Bidder, Bid Security Forms, any and all addenda limit specified in the contract documents. to the contract documents distributed prior to the bid 201.5.4 CONTINUING THE WORK. The opening date. Insurance Requirements for the City. Contractor shall carry on the Work and adhere to the Performance Bond. Payment (Labor and Material) construction schedule required to be submitted under Bond, Worker's Compensation Certification and the requirements of the Contract Documents during Certificate of Insurance. Public Works Contract. Warranty Bond (as applicable), Plans. standard all disputes or disagreements with the City. No work drawings, applicable permits, notices and affidavits. shall be delayed or postponed pending resolution of and the Specifications (including the Standard any disputes or disagreements. except as the Contractor and the City may otherwise agree in Specifications. e l Provisions herein. and the General and Special Provisions. and any and all writing. applicable addenda or supplemental agreements) 201.5.5 SAMPLES. The Contractor shall furnish all constitute the Contract as defined herein. and a products and materials required to complete the requirement included in one such document shall he work. All materials and products must be of the as binding as though included in all. as the are specified quality and fully equal to samples. when intended to he cooperative and to provide a samples are required. Whenever required, the desc"iption of the work to be done. Contractor shall submit to the Director of Public Works for purposes of testing and free of charge, Should there be any conflict or discrepancy between samples of any one of the materials or products provisions of the contact documents and/or the proposed to be used in the work. Said samples shall following laws, precedence shall be as follows: be delivered by the Contractor to the place within the I. Applicable federal, state and local laws. City designated by the Director of Public Works. regulations or permits; Rejected material must be immediately removed from the work by the Contractor and shall not again 2. Contract be brought back to the site. 3. Addenda 2015.6 TRADE NAMES AND ALTERNATIES. 4. Change orders and supplemental agreement:: In accordance with Public Contract Code Section 3400. in drafting bid specifications in connection 5. Specific Project Provisions: with the construction. alteration or repair of public 6. Special Provisions Applicable to all Contracts: works, the City may call for a designated material, _ product, thing or service by specific brand or trade Standard Specifications: name only if the specification lists at least two brands 8. Plans and Drawings: or trade names of comparable quality or utility, followed by the words "or equal" so that bidders may Other contract documents. furnish any equal material, product. thing or service. With reference to the Drawings the order of In applying this section. the City. if aware of an equal precedence shall be as follows: product manufactured in California. shall name such product in the specification. In cases involving a I. Figures govern over scaled dimensions: unique or novel product application required to he 2. Detail drawings govern over general drawings: • • 3. Addenda/Change Order drawings govern over aforesaid, said deviations shall be considered and Contract Drawings: treated as though originally contracted for. and shall 4. Contract Drawings govern over standard be subject to all the terms. conditions and provisions drawings: of the original Contract. 201.5.9 INTERPRETATION OF PLANS AND 201.5.11 EXTRA WORK. New and unforeseen SPECIFICATIONS. Should it appear that the work work will be classed as extra work only when said work is not covered and cannot be paid for under any to be done. or any matter relative thereto. is not of the various items or combination of items for sufficiently detailed or explained on the Plans or in which a bid price appears on the proposal form. The the Specifications or in another contract document, Contractor shall not do any extra work except upon the Contractor shall request the Director of Public prior written order from the Director of Public Works for such further explanation as may be Works. Compensation for such extra work shall be necessary. and shall conform to such explanation or agreed upon in writing by the Contractor and the interpretation as part of the Contract, so far as may be Director of Public Works prior to commencement of consistent with the intent of the Plans. Specifications the work. and other contract documents. For each request for information received from the Contractor for which The Contractor will be paid for the use of equipment the Director of Public Works determines that the at the rental rates listed for such equipment in the necessary information is stated in sufficient clarity in State of California publication: " Labor Surcharge the Contractor Documents and that a competent and Equipment Rental Rates", which is in effect on contractor should have been able to determine said the date upon which the work is accomplished and information without the further clarification, the which is a part of the contract. regardless of Director of Public Works will deduct two hundred ownership and any rental or other agreements if such dollars from the monies owed the Contractor as may exist, for the use of such equipment entered into partial compensation for the time spent to research by the Contractor. If it is deemed necessary by the the request. In the event of continuing doubt or Director of Public Works to use equipment not listed questions concerning the true meaning of the in the said publication. a suitable rental rate for such Specifications or other contract documents following equipment will be established by the Director of such explanation by the Director of Public Works. Public Works. The Contractor may furnish any cost reference shall be made to the City. whose decision data which might assist the Director of Public Works thereon shall he final. in the establishment of such rental rate.. 201.5.10 ALTERATIONS, INCREASES AND 201.5.12 LINES AND GRADES. Except when. as DECREASES OF WORK TO BE DONE. The per orders from the Director of Public Works. minor City reserves the right to increase or decrease the changes in the work are to be made by the quantity of any item or portion of the work described Contractor. all 'work shall. during its progress and on the Plans, the Specifications or the bid proposal upon completion. conform to the lines. grades and form or to omit portions of the work so described. as elevations shown on the Plans. All distances and may be deemed necessary or expedient by the measurements are given thereon and will be made in Director of Public Works. and the Contractor shall a horizontal plane. In case of any such discrepancy agree by execution of the Contract not to claim or exists. it must be reported to the Director of Public bring suit for damages. whether for loss of profits or Works. Failure to make this report shall make the otherwise, on account of any decrease or omission of Contractor responsible for any such error in the any kind of work to be done. By mutual consent of finished work. the parties signatory to the Contract, alterations. 201.5.13 PUBLIC UTILITIES. All of the existing modifications or deviations from the type of work described on the Plans or Specifications or on the utility facilities except those to be relocated as shown proposal form may be made without in any way on the Plans will remain in place and the Contractor making the Contract void. The price to be paid by the will be required to work around said facilities. In case City to the Contractor for such altered or modified it should be necessary to remove the property of a work shall be agreed upon in writing, endorsed upon public utility or franchise, the utility or franchise will. the origins: Contract and signed by the proper parties upon proper application by the .Contractor. be to said Contract. notified by the Director of Public Works to move such property within a reasonable time. and the Whenever, during the progress of the work. such Contractor shall not interfere with said property until changes or modifications are deemed necessary by after the expiration of the time specified. The right is the Director of Public Works and agreed upon. as reserved to the owners of public utilities or franchises • • to enter upon the streets for the purpose of making instruction, is familiar with the operation to be repairs or changes in their property which are performed and the hazards involved. as defined in necessary as a result of the work. Employees and Section 2700 of Title 8 of the California agents of the City shall likewise have the privilege of Administrative Code. The Contractor shall take such entering upon the street for the purpose of making steps as are necessary to assure compliance with this any necessary repairs or replacements. section by any subcontractors on the project. In accordance with the provisions of Section 4215 of The Contractor shall employ and use only qualified the California Government Code, any contract to persons to work in proximity of any hazardous utility which a public agency as defined in Section 4401 is a facilities including but not limited to gas, electric. party. the public agency shall assume the and telephone. responsibility, between the parties to the contract, for 201.5.14 REMOVAL OF INTERFERING the timely removal, relocation, or protection of OBSTRUCTIONS. The Contractor shall remove existing main or trunkline utility facilities located on and dispose of all debris, abandoned structures, tree the site of any construction project that is a subject of roots and obstructions of any character met during the contract. if such utilities are not identified by the the process of excavation, it being understood that the public agency in the plans and specifications made cost of said removals are made a part of the unit price apart of the invitation for bids. The agency will bid by the Contractor under the item for excavation compensate the Contractor for the costs of locating. or removal of existing work. repairing damage not due to the failure of the Contractor to exercise reasonable care. and removing 201.5.15 PROCEDURE IN CASE OF DAMAGE or relocating such utility facilities not indicated in the TO PUBLIC PROPERTY. Any portions of curb. plans and specifications with reasonable accuracy, gutter. sidewalk or any other City improvement and for equipment on the project necessarily idled damaged by the Contractor during the course of during such work. construction shall be replaced by the Contractor at his The Contractor shall not be assessed liquidated own cost, free of charges to the City. The cost of damages for delay in completion of the project, when additional replacement of curb. gutter or sidewalk in such"delay was caused by the failure of City or other excess of the estimated quantities shown in the utility to provide for removal or relocation or such proposal form and the Specifications. and found necessary during the process of construction. tk.u. not utility facilities- due to damage resulting from carelessness on the part Nothing herein shall he deemed to require the public of the Contractor during his operation). shall be pr.id agency to indicate the presence of existing service to the Contractor at the unit prices submitted in his laterals or appurtenances whenever the presence of bid. such utilities on the site of the construction project 201.5.16 REMOVAL OF DEFECTIVE OR can be inferred from the presence of other visible UNAUTHORIZED WORK, It is the intent of the facilities, such as buildings. meter and junction boxes. on or adjacent to the site of the construction; Specifications that only first-class work. materials provided. however, nothing herein shall relieve the and workmanship will be acceptable. All work which public agency from identifying is defective in its construction or deficient ire any of main or trunk lines in the requirements of the Specifications shall be the plans and specifications. remedied. or removed and replaced by the Contractor If the Contractor while performing the contract in an acceptable manner, and no compensation will discovers utility facilities not identified by the public be allowed for such correction. Any work done agency in the contract plans or specifications, he or beyond the lines shown on the Plans or established by she shall immediately notify the public agency and the Director of Public Works, or any extra work done utility in writing. without written authority will be considered The public utility, where they are the City, shall have unauthorized and will not be paid for. Upon failure the sole discretion to perform repairs or relocation on the part of the Contractor to comply forthwith with any order of the Director of Public Works made work or permit the Contractor to so such repairs or under the provisions of this section. the Director of relocation work at a reasonable price. Public Works shall have authority to cause defective The Contractor shall employ and use only qualified work to be remedied or removed and replaced. and persons. as hereinafter defined, to work in proximity unauthorized work to be removed. and to deduct the to Southern California Edison secondary, primary costs thereof from any moneys due or to become due and transition facilities. The term "qualified person" the Contractor- If the work is found to be in shall mean one who. by reason of experience or compliance with these Specifications. the Director of re ; ., • • • Public Works will furnish the Contractor with a ensure uninterrupted progress of the work. They shall certificate to that effect be stored properly and protected as required. The 201.5.17 SUPERVISION BY PUBLIC WORKS Contractor shall be entirely responsible for damage or DEPARTMENT. All manufactured products. loss caused by weather or any other cause. materials and appliances used and installed and all 201.5.19 DEFECTIVE MATERIALS. All materials details of the work shall at all times be subject to the not conforming to the requirements of the supervision, test and approval of the Director of Specifications shall be considered defective, and all Public Works or his authorized representatives. The such materials shall be removed immediately from Director of Public Works or his authorized the site of the work unless otherwise permitted by the representatives shall have access to the work at all Director of Public Works. Upon failure on the part of times during construction, and shall be furnished with the Contractor to comply with any order by the every reasonable facility for securing full knowledge Director of Public Works made under the provisions with regard to the progress. workmanship and of this article, the Engineer shall have the authority to character of the materials used or employed in the remove and replace defective material and to deduct work. the cost of removal and replacement from any Whenever the Contractor varies the period during moneys due or to become due to the Contractor. which work is carried on each day. he shall give 201.5.20 SOUND AND VIBRATION CONTROL adequate notice to the Director of Public Works so REQUIREMENTS. The Contractor shall comply that proper inspection may be provided. Any work with all local sound control and noise level rules. done in the absence of the Engineer or the Engineer's regulations and ordinances. No internal combustion agent will be subject to rejection. The inspection of engine shall operate on the project without a muffler the work shall not relieve the Contractor of any of his of the type recommended by the manufacturer. obligations to fulfill the Contract as prescribed. Should any muffler or other sound control device Defective work shall be made good. and unsuitable sustain damage. the Contractor shall promptly materials may be rejected. notwithstanding the fact remove the equipment arid shall riot return said that such defective work and unsuitable materials equipment to the job until the device is repaired or have previously been accepted or estimated for replaced. Said noise and vibration level requirements payment. shall apply to all equipment on the job or related to the job, including, but not limited to trucks. transit The Contractor shall prosecute work on any State mixers or transit equipment that may or may not be highway or within any railroad right-of-way only in owned by the Contractor. the presence of an inspector representing the State Department of Transportation or other appropriate 201.5.21 AIR POLLUTION CONTROL. state agency or.the railroad company, and any work Contractor shall comply with all air pollution control done in the absence of such inspectors will be subject rules. regulations, ordinances and statutes. All to rejection. The Contractor shall make the containers of paint, thinner, during compound, appropriate notification according to the instructions solvent or liquid asphalt shall be labeled to indicate given on the State Encroachment Permit or railroad the contents. fully complying with the applicable permit for all inspections. and shall post all bonds material requirements. and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's 201.5.22 FINAL CLEANING UP. Upon completion expense. The Contractor shall pay for all testing and of the project and before making application to the inspections required by a State Encroachment Permit Director of Public Works for acceptance of the work. or railroad permit. the Contractor shall clean ali the streets and ground occupied or utilized by him in connection with the 201.5.18 QUALITY OF MATERIAL. Materials project, of all rubbish, debris. excess material. shall be new. and of specified kind and quality. and temporary structures and equipment, leaving the fully equal to samples when samples are required. entire site of the work in a neat and presentable When the quality or kind of material or articles condition. shown as required under the contract is not 201.5.23 TRENCHES AND EXCAVATIONS. 'In particularly specified. the Contractor shall estimate accordance with Public Contract Code Section 71O4. that the City will require articles and materials whenever the digging of trenches or other representing the best of their class or kind or at least equal to the class or quality of similar articles or excavations extend deeper than four feet below the materials when specified. Materials shall be furnished surface, the Contractor shall promptly. and before the following conditions are disturbed. notify the City in in such quantities and kinds and at such times as to • • writing of any: 1) Material that the Contractor listing this sum in his bid. the bidder warrants that his believes may be material that is hazardous waste, as action does not convey toit liability to the City or its defined in Health and Safety Code Section 25117, employees or agents. including the Director of Public that is required to be removed to a Class I. Class II or Works. Class III disposal site in accordance with provisions of existing law; 2) Subsurface or latent physical 201.5.25 GRAFFITI: The Contractor shall conditions at the site differing from those indicated; constantly monitor the work site and all equipment or 3) Unknown physical conditions at the site of any and appurtenances associated with the project for unusual nature. different materially from those vandalism/graffiti. Any vandalism/graffiti found ordinarily encountered and generally recognized as within the project limits or work site by the inherent in work of the character provided for in the Contractor or the City shall be removed or repaired contract. The Cif shall promptly investigate the by the Contractor within 24 hours. Failure to correct conditions, and if it finds that the conditions do the situation to the satisfaction of the Director of materially so differ, or do involve hazardous waste Public Works within 24 hours will result in the and cause a decrease or increase in the Contractor's Agency taking corrective action and deducting the cost of, or the time required for, performance of any cost from any monies that come due the Contractor. part of the work, the City shall issue a change order 201.5.26 PROTECTION & RESTORATION OF under the procedures described in the Contract. In the EXISTING IMPROVEMENTS: unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions 201.3.26.1 General: Except as ma} otherwise be materially differ. or involve hazardous waste, or provided in specific instances, nothing in the cause a decrease or increase in the Contractor's'cost Contract shall be constructed as vesting in the of, or time required for. performance of any part of Contractor any property right in any material. article the work; the Contractoi shall not be excused from or structure existing at the time of award of Contract any scheduled eompletinn date provided for by the within the area in which the work is to be done; cr i❑ t,omract. but shall proceed with all wort to be any material or article subsequently furnished for the performed under :he Contract. The Contractor shall `vork by the Contractor after having been accounted For on an approsco estimate supporting the retain any and all rights provided either by contract or • by law which pertain to the resolarion of disputes and Contracto :s demand for pavmem as provided in protests Ser.veeo the contracting parties. Where Section 9. in the latter event any such material, applicable. Contractor shall comply with the trench article.structure or work, shall become the property of the agency after being so accounted for. or excavation permit requirement found in Labor '° being Code Section !,500 and the excavation safety The Contractor shall maintain all existing -roadside requirements found in L.abor 'Code Section 6705. mailboxes and signs includins but not limited to 201.5.24 SHEETING, SHORING AND directional. warning. advisory. regulatory, bus stop • BRACING. In accordance with the provisions of and street markers, in an erect and functional position Labor Code Section 6705. iin regard to any contract and condition at all times during the construction for public walks involving en estimated expenditure period in temporary -'ovation_ 'is de';wr:ned be the in excess of 525.000. for the excavation of any trench Director ut Public `.lurks. An of these facilities or trenches 5 feet or more in depth, the Contractor which are damaged or lost shall be replaced by the Contractor at 00 cost to the Agency. mss. submit, and die City or a registered civil or - • strucurai engineer must accept, in advance of When a portion of a privately owned sprinkler system excavation, a detailed plan showing the design of is removed. heads and other salvageable material shoring. bracing. sloping or other provisions to be shall be carefully removed and placed on the adjacent made for walker protection from the!azard of caving property. Any of the materials riot wanted by the ground daring the excavation of trenches. If the plan owner shall be removed from the site by the varies from the shoring system standards, it must be Contractor. Removal. repair or cappine shall be as prepared by a registered civil or structural engineer. directed by the Director of Public Works. Such plan must comply with State Construction Safety Orders. In additio.:, each bidder shall list in 2201.5.27 SAFETY AND OTHER PROTECTION the bid proposal the amount included in the bid for 201.5.27.1 The Contractor shall be -esponsible for trench and excavation. adequate sheeting. shoring initiating. maintaining. and supervising all safety and bracing. or equivalent method for the protection precautions and programs in connection with the of life and limb. which work shall conform to work. The Contractor shall take all necessary applicable State Construction Safety Orders. By • protection to prevent damage. injury, or loss to the Works prior to the product being ordered. or if following: provided by some other party. prior to the product All employees on the work and other being incorporated in the work. persons and organizations who may be affected 201.5.28 EMERGENCIES. In emergencies thereby: affecting the safety or protection of persons or the All the work and materials and equipment to work or property at the site thereto, the Contractor. be incorporated therein. whether in storage on or off without special instructions from the Director of the site:and Public Works or the City, is obligated to act to prevent threatened damage, injury, or loss. The 3. Other property at the site or adjacent thereto, . Contractor shall give the Director of Public Works including trees, shrubs, lawns, walks, pavements, prompt written notice if the Contractor believes that roadways, structures, utilities, and Underground any significant changes in the work or variations Facilities not designated for removal. relocation, or from the Contract Documents have been caused replacement in the course of construction. thereby. If the Director of Public Works determines 201.5.27.2 The Contractor shall comply with all that a change in the Contract Documents is required applicable Laws and Regulations (whether referred to because of action taken by the Contractor in response herein or not) of any public body having jurisdiction to such emergency. a Work Directive Change or for the safety of persons or property or to protect Change Order will be issued to document the • them from damage, injury or loss: and shall erect and consequences of such action. maintain all necessary safeguards for such safety and 201.5.29 SHOP DRAWINGS AND SAMPLES: protection. The Contractor shall notify Cities of 201.5.29.1 After checking and verifying all field adjacent property and utilities when prosecution of measurements and after complying with applicable the work may effect them. and shall cooperate with procedures specified in the General Requirements of them in the protection. removal, relocation, and the Technical Specifications, The Contractor shall replacement of their property. submit to the Director of Public Works for review all 201.5.27.3 The Contractor shall designate in Shop Drawings in accordance with the accepted writing a responsible representative at the site whose schedule of Shop Drawing submittals specified in the • duty shall be the prevention of accidents. This person General Requirements of the Technical shall be the Contractor's superintendent or project Specifications. manager unless otherwise designated in writing by the Contractor to the City. 201.5.29.2 The Contractor shall also submit to the Director of Public Vtoiks for review all samples in 201.5.27.4 Materials that contain hazardous accordance with the accepted schedule of sample substances of mixtures may be required on the work. submittals specified in the General Requirements of A Material Safety Data Sheet as described in Section the Technical Specifications. 5194 of the California code of Regulations shall be 201.5.29.3 Before submittal of each shop drawing or requested by the Contractor from the manufacturer of sample, the Contractor shall have determined and any hazard product used. verified all quantities, dimensions. specified 201.527.5 Material usage shall be accomplished with performance criteria. installation requirements. strict adherence to California Division of Industrial materials, catalog numbers and similar data with Safety requirements and all manufacturer's warnings respect thereto and reviewed or coordinated each and application instructions listed on the Material shop drawing or sample with other shop drawings Safety Data Sheet and on the product container label. and samples and with the requirements of the work 201.5.27.6 The Contractor shall be responsible for and the Contract Documents. coordinating any exchange or material safety data 201.5.29.4 The Director of Public Works' review and sheets or other hazard communication information approval of shop drawings or samples shall not required to be made available to or exchanged relieve the Contractor from responsibility for any between or among employers at the site in variation from the requirements of the Contract accordance with Laws and Regulations. Documents unless the Contractor has in writing 201.5.27.7 The Contractor shall notify the Director of called the Director of Public Works' attention to each such variation at the time of submission and the Public Works if it considers a specified a specified Director of Public Works has given written product or its intended usage to be unsafe. This acceptance of each such variation: nor will any notification must be given to the Director of Public acceptance by the Director'of Public Works relieve • • • the Contractor from responsibility for errors or any loss of time or expense sustained by him due to omissions in the shop drawings for from such suspension of work. responsibility for having complied with the 201.5.35 SURPLUS MATERIALS: The Contractor provisions of these Contract Documents. shall furnish written consent from the owner of the 201.5.29.5 Where a shop drawing or sample is property where it is intended to dispose of the surplus required by the Specifications. any related Work material. Any surplus excavation shall become the performed prior to the Director of Public Works' property of the Contractor. review and approval of the pertinent submission will 201.5.36 FURNISHING AND APPLYING be at the sole expense and responsibility of the WATER: The Contractor shall make provisions for Contractor. water necessary for construction, backfill 201.5.30 CONSTRUCTION STAKING: The consolidation, and cleanup. Furnishing and applying Contractor shall be required to provide any and all water shall be considered as included in the bid price necessary construction survey staking required to paid for the various contract items of work requiring construct the project. Full compensation for such water and no additional compensation will be performing any needed construction survey staking made therefore. not otherwise provided for, shall be considered as 201.5.37 CLEAN-UP - During all phases of included in the prices paid for the various contract construction, the Contractor shall maintain a clean items of work and no additional compensation will be allowed therefor. work site; the Contractor shall be responsible for the removal and disposal of all concrete. asphalt. tree 201.5.31 SURVEY MONUMENTATION: The roots, and any other debris resulting from the work Contractor shall re-establish centerline ties and performed. Full compensation shall be considered as survey monumentation, if necessary. Full included in the prices for the various contract items. compensation for performing any needed construction survey staking not otherwise provided 207.5.38 EQUIPMENT REQUIREMENTS The nor. shall be considered as included in the prices paid Contractor shall provide a lead car with a "Wide for the various contract items of work and no Load" warning sign to lead the movement of any additional compensation will be allowed therefore. equipment exceeding 7 feet in maximum horizontal dimension over any street to the location of the '201.5.32 SANITARY CONVENIENCE: Necessary scheduled work site. Equipment will be subject to a sanitary facilities for the use of workman on the job tine of $100.00 for each violation as determined by shall be provided •and maintained in an approved the Director of Public Works. Any other violations manner by the Contractor, properly secluded from shall be subject to the vehicle code of the State of public observation and in compliance with health California. Full compensation for the cost of • ordinances and laws. and their use shall be strictly furnishing the lead vehicles and adhering to the enforced by the Contractor. requirements of this section shall be considered as 01.5.33 PRESER�V1TION OF PROPERTY: included in the prices for the various contract items Existing improvements in areas adjoining the of work and no additional compensation will he property whereon demolition and removal is being allowed therefor. performed shall be protected from injury or damage 201.5.39 PROTECTION OF 1YORK AND resulting from operations of the Contractor and the PUBLIC The Contractor shall take all necessary Contractor shall be responsible for such damage. In measures to protect work and prevent accidents like manner any building, structure. tree, shrub, or during any and all phases of the work. The other item designated for preservation on the property Contractor shall repair all damaged parts of the where demolition and removal is being performed project as a result of vandalism, including but not shall be similarly protected and preserved. limited to vehicle tracts, footprints. writing. If . 201.5.34 DUST CONTROL: The Contractor shall deemed necessary by the City. the Contractor shall repair the defective area in accordance with these provide such dust laying equipment and methods as Contract Documents. may be required to protect adjacent property from annoyance or damage from dust caused by his 201.5.40 TESTS AND INSPECTIONS: operations. and failure to control such dust shall be 201.5.40.1 The Contractor shall give the Director of cause for the Director of Public Works to stop the Public Works timely notice of readiness of the work work until said dust is controlled. and the Contractor for all required inspections. tests. or approvals. but in shall have no recourse to collect from the City for no event less than 24 hours notice. • 201.5.40.2 If Laws or Regulations of any public body 201.5.40.6 If any work is covered contrary to the having jurisdiction other than the City require any written request of the Director of Public Works. it Work (or part thereof) to specifically be inspected. shall. if requested by the Director of Public Works'. tested. or approved. the Contractor shall pay all cost be uncovered for the Director of Public Works' in connection therewith and shall furnish the Director observation and replaced at the Contractor's expense. of Public Works the required certificates of inspection, testing, or acceptance. The Contractor 201.5.40.7 If the Director of Public Works considers shall also be responsible for and shall pay all costs in it necessary or advisable that covered work be P� p } observed by the Director of Public Works or connection with any inspection or testing required in inspected or tested by others, the Contractor, at the the City's or the Director of Public Works' acceptance of a supplier of materials or equipment Director of Public Works' request, shall uncover. proposed as a substitution or "or equal" to be expose or otherwise make available for observation. incorporated in the Work. or of materials or inspection, or testing. as the Director of Public Works equipment submitted for approval prior to the may require, that portion of the Work in question and Contractor's purchase thereof for incorporation in the shall furnish all necessary Tabor, material. and Work. The cost of all inspections. tests, and equipment. If it is found that such work is defective. approvals in addition to the above which are required the Contractor shall bear all direct. indirect, and by the Contract Documents will be paid by the City consequential costs of such uncovering, exposure. (unless otherwise specified). satisfactory reconstruction, including but not limited to fees and charges of Director of Public Works. 201.5.40.3 The Director of Public Works will make, architects, attorneys. and other professionals. or have made. such inspections and tests as the However, if such work is not found to be defective. Director of Public Works deems necessary to see that the Contractor shall be allowed an increase in the - the Work is being accomplished in accordance with . Contract Price for such uncovering, exposure. the requirements of the Contract Documents. Unless observation, inspection, testing. and reconstnction: otherwise specified in the Special Provisions. the cost and, if the parties are unable to agree as to the of such inspection and testing will he borne by the amount or extent thereof, the Contractor may make a City. In the event such inspections or tests reveal claim as provided in these Contract Documents. non-compliance with the requirements of the Contract Documents. the Contractor shall bear the 201.5.40.8 The Contractor shall permit on-site video cost of corrective measures deemed necessary by the taping, still photography, or motion picture Director of Public Works, as well as the cost of photography of the construction project. The subsequent re-inspection and retesting. Neither Contractor shall give notice to all employees and observations by the Director of Public Works nor subcontractors of such videotaping and/or inspections. tests, or approvals by others shall relieve photography to be out of view of the camera. if the Contractor from the Contractor's obligation to requested to do so. during video taping and or perform the Work in accordance with the Contract photographing of the construction project. Documents. SPECIAL PROVISIONS 201.5.40.4 All inspections. tests. or approvals other 202 SPECIFIC PROJECT PROVISIONS than those required by Laws or Regulations of any public body having jurisdiction shall be performed by AGENCY PROJECT: SEAL BEACH SIGNAL. organizations acceptable to the Director of Public SYSTEM UPGRADE Works. 202.1 THE REQUIREMENTS: All work embraced 201.5:10.5 If any Work (including the work of herein shall be accomplished in accordance with the others) that is to he inspected, tested, or approved is applicable portions of the "Standard Specifications covered without written concurrence of the Director for Public Works Construction." the 1994 edition. of Public Works. it shall if requested by the Director herein referred to as "Standard Specifications.- of Public Works. be uncovered for observation. Such except as modified by these Special Provisions and uncovering shall he at the Contractor's expense the Project Plans. unless the Contractor has given the Director of Public In addition to the above, the Contractor shall comply Works timely notice of the Contractor's intention to with the requirements of the following "contract perform such test or to cover the same and the documents": Director of Public Works has not acted with reasonable promptness in response to such notice. Notice Inviting Sealed Bids Instructions to Bidders Proposal and Bid Sheet • • Contractor's Industrial Safety Record Days will be counted from the date of the Notice to Non-Collusion Affidavit Proceed. List of Sub Contractors Bid Security Forms 202.7 LIQUIDATED DAMAGES: The amount of Addenda to Contract Documents distributed prior to liquidated damages for this project is $850 per the bid opening calendar day. Refer to Section 201.3.6 for further Insurance Requirements for the City information. Workers Compensation Certification and Certificate 202.8 NOTICE TO PROCEED: Upon award of this of Insurance contract and signing the contract documents, the City Warranty Bond (as applicable) will issue the Contractor a Notice to Proceed. Plans Contract time accrues from the date specified in the Standard Drawings Notice to Proceed but the Contractor must commence Applicable permits. notices and affidavits within 15 calendar days of the date specified in the Applicable addenda or supplemental agreements Notice to Proceed. General Provisions and Special Provisions Bid Bond The Agency will not authorize any work to be done Information Required of Bidders under these Specifications before the Contract has Agreement been fully executed; and any work that is done by the Faithful Performance Bond Contractor in advance of such time shall be Payment(Labor and Material) Bond considered as being done at his own risk and Contract responsibility. and as a consequence will be subject Statement Acknowledging Penal and Civil Penalties to rejection by not having been done in the presence of an Engineer or Inspector as provided in Section 2- 202.2 DEFINITION OF TERMS: Wherever in the 10 of the Standard Specifications. "Standard Specifications" terms are used. they shall In the event that the Director of Puulic Works shall be understood to mean and refer to the following: be of the opinion that the work is being inadequately Agency kOwner- City of Seal Beach or improperly executed in any respect. he/she may demand that the Contractor improve or change the Board-City Council. City of Seal Beach execution of the work in such manner as to assure Engineer - The Director of Public Works. acting proper and timely completion. either directly crr through the properly authorized All work which is defective in its constuction or agents. such agents acting within the scope of the deficient in any of the requirements of these Special particular duties entrusted to them. Provisions shall be remedied. or removed and Notice to Contractors- Notice Inviting Sealed Bids replaced by the Contractor in a manner acceptable to the Agency and no compensation will be allowed for 202.3 PROJECT PLANS: The location of the work, such correction. its general nature. extent. form and detail of the • various features are listed as a part of these Upon failure on the part of the Contractor.to comply specifications. forthwith with any order of the Director of Public Works makes under the provisions of these contract 202.4 SCOPE OF WORK: The Contractor shall documents. the Director of Public w orks shall have furnish all necessary materials. labor. equipment and authority to cause defective work ro be removed and other incidental and appurtenant work necessary for replaced and deduct the costs thereof front any the proper construction of this project. including but monies due or to become due to the Contractor. not limited to the removal and salvaging existing traffic controllers and cabinets. removal of concrete 202.9 UTILITIES: It is anticipated that these foundation and construction of new traffic controllers existing utilities may affect Contractors completion complete in place with cabinets, conflict monitors, schedule and the Contractor shall adjust his schedule detectors. pull boxes. concrete foundations and accordingly. It shall be the responsibility of the conduits, in accordance with these contract Contractor to determine the true location of any existing utilities and exercise due care to ensure that documents. these utility facilities are not damaged during his 202.5 PROJECT LOCATION: operations. The Contractor shall contact the affected 202.6 CONTRACT TIME: The Contractor shall utility companies for information regarding complete the work within 40 working days from the identification, location. and depth of underground utilities. date specified within the Notice to Proceed. Working • • • Engineering and Inspection: City of Seal Beach. Orange County Fire District: (714)538-3501 211 8'h Street.Seal Beach CA 90740(562)431-2527 OCTA: (714)560-6282 Sanitary Sewers City of Seal Beach. 211 8th Street. Briggeman: (562) 598-8729 Seal Beach CA 90740(562)493-8660 gg Traffic Signals City of Seal Beach. 211 8'h Street, City of Seal Beach: (562)431-2527 Seal Beach CA 90740(562)493-8660 Los Alamitos School District: (562) 799-4700 Water: City of Seal Beach.211 8'h Street,Seal Beach 202.11 CONFERENCE: The Contractor shall CA 90740(562) 493-8660 arrange a pre-construction meeting with the Director Electrical Services: Southern California Edison, of Public Works which shall be held a minimum of 7333 Bolsa Avenue. Westminster CA 92646. (714) five Calendar Days prior to commencement of any 835-3833 work. No meeting will be held unless the Contractor has already submitted the construction schedule. The Telephone Service: General Telephone Company. Contractor shall have his equipment available for 1778 East 20th Street. Long Beach CA 90806. (310) inspection by the Director of Public Works at the 437-0111 time of the pre-construction meeting. At the pre- Gas Service:Southern California Gas Company. P.O. construction conference, the Contractor shall submit. Box 3334. Anaheim CA 92803, (714) 538-0211 including but not limited to, the following items: Striping Inventory,Contractor's Emergency Numbers Trash Service: Briggeman P.O. Box 3237. Los For After Work Hours. Designation of Alamitos CA 90720, (562)598-8729 Superintendent. Notice to Residents. Initial Traffic Control Plans. Cable Service: Comcast Cablevision. 13922 Seal Beach Blvd.. Unit A. Seal Beach CA 90740. (562) 202.12 PUBLIC CONVENIENCE AND SAFETY: 493-5843 202.12.1 Attention is directed to Section 7-10 of the State Highway Facilities: CALTRANS. 3347 Standard Specifications and the Manual of Warning Michelson Driv . Suite 100, Irvine CA 92612. (714) Signs. Lights and Devices for Use in Performing 724-2607 Work Upon Highways, published by the California Department of Transportation. Sewer Transmission Mains: Orange County Sanitation District. PO BOX 8127, Fountain Valley Full compensation for conforming to the CA 92728.. (714) 962-2411 requirements of Section 7-10 of the Standard Specifications. the above referenced Caltrans Manual Selected Storm Drain Facilities: County of Orange, and these Special Provisions not otherwise provided EMA. 300 N Flower. Santa Ana CA 92705. (714) for. shall be considered as included in the prices'paid 834-2300 for the various contract items of work and no 202.10 NOTIFICATION: The Contractor shall give additional compensation will be allowed therefor. written and reasonable notice to occupants or owners 202.12.2 Warning and Protection Devices: The of property adjacent to the construction site at least Contractor will be responsible for providing, placing 48 hours prior to the beginning of construction in and maintaining approved signs. barricades, their respective areas. The notification shall include pedestals. flashers. delineators, fences. barriers and the date and time of street closures. parking and flagmen where needed. and other necessary facilities traffic access information and requirements. altered in the vicinity of the construction area and where any postal delivery times, and precautionary information dangerous conditions may be encountered as a result regarding the work. thereof, for the protection of the motoring public. The At least 4 Calendar Days in advance of street Contractor will not be allowed to proceed with the closures, all emergency services, public work until such time that a sufficient number of these transportation services. garbage collections services, protection devices have been delivered to the project and school bus services shall be notified by the site. Where parked vehicles are likely to interfere Contractor in writing of the locations. time and date with the proposed work, the Contractor will supply of the closure. In case of schedule changes. the and post at no less than 200' intervals on each side of emergency services. etc.. shall be notified by the street "Temporary No Parking" signs 24 hours telephone at least 2 days in advance of the street before the start of construction and to report the time closure. of posting to the Police Department for the purpose of establishing "Tow Awa)'' provisions. The Seal Beach Police Department: (562)431-2541 • • Contractor shall he responsible for the removal of the meet the specifications for trench backf ll. topsoil. or temporary signs. upon the completion of the work. other selected materials may be used to fulfill all or a Should the Contractor appear neglectful or negligent portion of the requirements for such materials. No additional compensation will be allowed for in furnishing warning and protection devices as excavation. stockpiling. overhaul. or placing selected outlined above, the Director of Public Works may materials encountered in the excavation. direct attention to the existence of a hazard and the necessity of additional or different measures which 202.16 SPRINKLER SYSTEMS - Any sprinkler shall be furnished and installed by the Contractor at system damaged during the contract shall be repaired his own expense. free of any cost to the City. Should by the Contractor at no additional cost as soon as the Contractor refuse or fail to act in a timely manner possible but in no case later than 48 hours of to correct a hazardous condition, the Director of notification. If not completed within said limit, the Public Works shall direct Agency forces to provide City shall have the authority to complete such work the necessary protective and warning devices as and deduct cost plus 15%r administration thereof deemed appropriate by the Director of Public Works. from any moneys due or to become due to the The cost accrued by the Agency in connection Contractor. The Contractor shall be responsible for therewith will he deducted from the Contractor's any damages including, but no limited to. flooding contract payment. Any action or inaction on the part and death of surrounding landscaping. of the Agency in directing attention to the inadequacy 202.17 CONTRACTOR'S DAILY. REPORTS: of warning ant protective measures or in providing The Contractor shall complete consecutively additional protective and warning devices shall not numbered daily reports indicating manpower and relieve the Contractor from responsibility for public narrative description of work performed. serviceable safety or abrogate his obligation to furnish and pay major equipment in use, serviceable major equipment for these devices. idled. serviceable major equipment down for repairs. 202.13 CONSTRUCTION YARD: It shall he the sub-contractors working at site. weather coaditi.rn:. and date. The daily report shall be completed on Contracrir's responsibility to locate any storage sites {onus prepared by the Contractor and acceptable to for materials and equipment needed and such sites the •r'ublicWo.kt. Department. and shall be submirea either locate) on public or private property must be p` mr at the conclusion of each work day. The forms will be approved in advance by the Director of Public discussed at the pre-construction conference. The Works. If permission is given to use a City site. the City will provide a :ample ;oncost for the daily e rt Contractor ::hall repair any damage as a result of his provide y p' will the pre-construction conference. The Contractor °peratians and aim revair will restCo e the site to new shall distribute copies to the Construction Observers and not pre-existing conditions. and the Director of Public Works or his authorized When storage sites are to be located upon private representative at either the conclusion of each work property, the Contractor shall submit to the Director day or prior to the start of work the next day. No of Public Works or his authorized representative. progress payments will be processed or made to the written appr!vai from the record owner authorizing Contractor units: all daily reports are completed to the use of the property by Inc Contractor. The the date of submittal of ap plication for payment. Contractor shall contact the City Planning 202.18 SCHEDULE: Within 5 calendar days of • Department to oeta:mine if the usigg the site as a notification of award of the Contract. the Contractor stockpile area is allowable. After the project is :;•mpPate, the Contractor shall supply a written shall prepare and submit for approval a schedule for release signed by the owner of record that said accomplishing the work. property has been satisfactorily restored in order to Said schedule must show the dares of the excected provide assurance to the Cit) that no later property start and completion of all the various items of the • owner claims will be filed by residents whose Contract work. The schedule shall also list all property has allegedly damaged by the Contractor necessary preparatory wor k, vegetation removal. and and not repaired to their satisfaction. The City will street cleaning. The schedule shall be in the form of a provide the Contractor with a sample release form. Gant/Bar Chart and a Critical Path Method schedule 202.14 MATERIALS: The Contractor shall furnish and both shall be in sufficient detail to show the the articles. equipment, materials, or processes chronological relationship of all activities of the project including. but not limited to. estimated specified by name in the drawings and specifications. starting and completion dates of various activities. 202.15 SELECTED MATERIALS: Existing scheduling of equipment. procurement of materials. materials excavated within the project limits that The construction schedule shall reflect completion of • • IMP1 all work under the Contract within the specified time 202.20 SIGNS: The Contractor shall replace or and in accordance with the contract documents. reinstall any existing sign that may interfere with the During the conference between the Contractor and Contractor's operation or prosecution of the work in the Director of Public Works, the work schedule will accordance with these contract documents. Full compensation for any removal. reinstallation, or total he discussed and modified. if necessary, by mutual replacement of signs shall be included in the various agreement. Should it become necessary for the City items of work and no additional compensation will be to delay temporarily the work schedule agreed upon allowed. during the scheduling conference, every effort will be made to permit a new work schedule at the time most 202.21 COMPACTION TESTS: The Contractor convenient to the Contractor, thus permitting the shall perform compaction tests at periodic intervals to project to proceed with the shortest intramural ascertain conformance with the specifications. The movement of the equipment. number of tests and their locations and depths will be The Contractor shall submit requests for changes in as determined by the Engineer. The Contractor shall, the schedule in writing to the Director of Public as directed by the Engineer, make all excavations. the schedule approval. and subsequent backfill and compaction, required to perform the compaction tests. Subgrade and base The cost for furnishing the schedule and any related material for street construction shall be compacted to item for its completion shall be considered as a relative compaction of 95%. included in the bid price paid for the various contract • items of work and no additional compensation will be Any soil compaction and certifications shall be • made therefore. certified by a Geotechnical Engineer and the Contractor shall provide and pay for the testing. The 202.19 PUBLIC CONVENIENCE AND • soil testing company that the Contractor proposes for TRAFFIC CONTROL: The Contractor shall the work shall.be subject to the approval of the provide traffic 'control in conformance with the Director of Public Works prior to any testing. WATCH manual. The Contractor is responsible for 202.22 TESTING LABORATORIES: All required the submission of a Traffic Control Plan to the materials testing will be arranged for by the City. The Director of Public Works for review. The contractor shall obtain the approval of the plan from the cost of materials testing shall be borne by the City. Director of Public Works prior to commencement of The cost for any retesting re a result of :be ork Contractor's failure to meet the requirements of these specifications shall be charged to the Contractor and The Contractor shall be responsible for furnishing. ssithheld from final payment posting and removing appropriate signage along all 202.23 MISC. WALLS AND OTHER routes affected by the work. Signs shall be posted at FEATURES: The Contractor shall be responsible all intersections. at end of cul-de-sac streets. and on for reserving each side of the street a maximum of 200 feet P and/or replacement in kind of wall. between signs. Signs may be attached to existing planters, or other features of private and City poles. parkway trees, or whatever is existing in the propert for am work of this contract. For any public right-of-watree except street lights. When features that the Contractor disturbs. the Contractor shall replace said features in like and kind. Full necessary.the Contractor shall furnish posts. compensation for preserving and/or replacement in Contractor shall notify the local traffic enforcement kind of walls planters or other features on private or agency prior to any operational shutdown of a traffic City property shall be included in the various items of signal. work and no additional compensation will be The Contractor shall be responsible for adequate allowed. barricading of the work area and controlling of traffic 202.24 TEMPORARY DRAINAGE MEASURES: in the vicinity of the projects as specified in The Contractor shall provide temporary drainage Subsection 7-10, Public Convenience and Safety, or measures and erosion control for the duration of as directed by the Director of Public Works. construction. The City may require that the On major streets, traffic maintenance shall conform Contractor's plans for the temporary drainage measures and erosion control shall be reviewed by a to the provisions in Section 701.12 "Public licensed civil engineer and also take into Convenience and Safety". Emergency vehicles shall consideration any necessary mitigation measures for be permitted to pass through the work area without inclement weather and seasonal changes. Plans for delay at all times. temporary drainage measures shall be submitted to 0 • I Signalized intersection offline shall have proper of$50.00 per day per location shall he charged to the signing and stop signs or flagman iu accordance with Contractor per each calendar day that such storage the WATCH manual. The costs for providing occurs and said monies will be deducted from any signs/flagman shall be included in the various bid monies due or become to the Contractor item and no further compensation will be paid If roots are encountered that are greater than 2 inches therefore. in diameter. the Contractor shall notify the Director 203.12 CONTRACTOR'S EMERGENCY of Public Works representative and shall not continue NUMBERS: The Contractor shall keep the names until the City's Landscape Supervisor can observe the and telephone numbers of the responsible persons in work. Full compensation for conforming to the the employ of the Contractor who may be contacted requirements of these Special Provisions for Root , at nights and on weekends by the City when Removal shall be considered as included in the prices problems related to construction occur, and such for the various bid items of work and no additional designated persons shall have full authority to act as compensation shall be paid therefore. the agent of the Contractor and make any decisions 203.17 REMOVAL OF DEFECTIVE. AND that may be demanded by the situation. UNAUTHORIZED WORK: All work which is 203.13 SCOPE AND SEQUENCE OF WORK: defective in its construction or deficient in any of the The work in general consists of the removal and requirements of these Special Provisions shall be salvaging existing traffic controllers and cabinets. remedied, or removed and replaced by the Contractor removal of concrete foundation and replacement of in a manner acceptable to the City and no new traffic controllers. cabinets. concrete foundations compensation will be allowed for such correction. and conduits. The minimum length for removal and replacement of The scope of the work may also include among other unsatisfactory work shall be ten feet (10') for cnrh things i alterations, extra work, increases or decreases and gutter and a minimum of four feet 4) in length in quantities and final cleaning up. for sidewalk or as required by the Director of Public Works. Sawcutting is required for all removals of The Contractor shall provide a schedule of activities detective concrete work at no additional cost and a rrrricat path method diagram is etectroric Format. l o:: schedule ail activities and CPMI diagram Upon failure on the part of the Contractor to comply - shall be provided at the pre-construction conference. r forthwith with any older the Public Works 203.14 DU TSIDE WORK: The Contractor shall Department makes under the provisions of this section. the Public Works Department shall hart perform no outside or private work utilizing materials authority to cause defective work to be re.mot ed and ;tom tb:City's Contract_ replaced and deduct the costs thereof from any 203.15 NOTIFICATION: The Contractor shall gite monies due or to become due to the Corrractor. - written and reasonable notice to occupants or owners 203.18 CDBC, DAVIS BACON ACT of business and property adjacent to the construction PROVISIONS: Not Applicable. site at least 48 hours prior to the commencement of cork. The notification shall include the titan and time 2113.19 REPAIRS AND UTILITY COMPANIES: of street closures. parking and traffic access It is the Contractor's responsibility to notify and information and requirements. and precautionary coordinate with any' utility company for any work information regarding the work to be done. A copy of that will be needed to be performed by the utility all notifications shall be submitted to the Director of company for the Contractor to complete its work. Public Works for approval. Attention is directed to any location where p,111 bo: es will reed to be raised to match the level of he 203.16 ROOT REMOVAL: Tree roots adjacent to concrete improvements. the construction area shall be removed to a depth equal to 6" below the depth of concrete to be constructed. Tree roots and trunks. including palm SPECIAL, PROVISIONS trees. shall be cut back to clear the proposed curb by 6" (minimum.) All visible surface roots and all debris 204 SPECIFIC PROJECT PROVISIONS resulting from root cutting shall he removed by the Contractor in accordance with Section 7-8.1 of the AGENCY PROJECT: SEAL BEACH SIGNAL Standard Specifications. The Contractor shall not he SYSTEM UPGRADE. 'allowed to temporarily store concrete. root or debris within tie parkway et on any landscaping. A penalty .3 .: 204.1 PORTLAND CEMENT CONCRETE 204.2 CONCRETE REINFORCEMENT: The IMPROVEMENTS: All Portland Cement Concrete Contractor shall place reinforcement in conformance foundations shall be constructed in accordance with with Section 52-I of the CALTRANS Standards Sections 86-2-03 of the CALTRANS Standard Specifications and project plans. The contractor shall Specifications, unless otherwise specified in the submit reinforcing steel shop drawings to the Special Provisions. Director of Public Works for review. All excavation. clearing and grubbing shall be Full compensation for furnishing all labor, materials. performed in accordance per Sections 86-2 and 16-1 tools and equipment necessary to construct concrete of the CALTRANS Standard Specifications. Erosion foundations shall be considered as included in the bars which qualify for removal shall be replaced. contract unit bid price for controller system complete Payment shall be included in the price for the various in place and no additional compensation will be items of work and no additional compensation shall allowed therefore. be allowed therefore. 204.3 REMOVAL AND SALVAGING EXISTING All improvements shall be constructed of concrete TRAFFIC SIGNAL SYSTEM: Contractor shall prepared in accordance with Standard Specifications remove existing traffic signal system and concrete for Public Works Construction using symbol foundation after installation of the new signal system designation Class 560-C-3250. complete in place and operational. All unused items The certified tickets accompanying each batch of from the existing system shall become the property of the Contractor. Contractor concrete delivered to the job site shall r shall be responsible for clearly show the "class designation" of the specified leaving the site in a neat and clean manner. concrete mix in addition to the requirements of Full compensation for furnishing all labor, materials. • Subsection 90-I of the CALTRANS Standard - tools and equipment necessary for removal and Specifications. _ salvaging existing traffic signal system shall be The lump sum price bid for the various locations of considered in the contract unit bid price for controller system complete in place and no additional work shall include al: cost of subgrade preparation compensation will be allowed therefore. and excavation. furnishing and compacting of backfill material for structures and placement of sand 204.4 SIDEWALK REMOVAL AND bedding as required by these Specifications. REPLACEMENT: Contractor shall.conform to the For curing attention is directed to Subsections 90- provisions in Section 86-2.02 of.the CATRANS 7.01 of the CALTRANS Standard Specifications. Standard Specifications and these Special Provisions. The Contractor is required to sawcut all concrete Contractor shall remove and replace sidewalk which pavement full depth. All sawcuts shall be neat, is within work area by sawcutting the existing straight lines. concrete in full depth at nearest joint line to joint line. The construction of any improvement in place shall Unless shown otherwise. sidewalks shall be placed in mean that in addition to the requirements under a single pour, 4-inches thick. Walks shall slope 1/4- Section 86-2.01 of the CALTRANS Standard inch per foot upward from the top of curb. Concrete Specifications. relating to "Backfilling" the shall be placed. processed, finished, and cured in Contractor shall be responsible for backfilling the conformance with the applicable requirements of excavation area for the purpose of setting forms. Said ACI 614. backfill shall be considered part of the contract unit Where new sidewalk is to abut existing concrete. the bid price for controller complete in place and no existing concrete shall be sawcut to full depth at further compensation shall be paid therefore. Said nearest joint line. backfill shall be done immediately following the Preformed expansion joints shall be placed at 20-foot removal of forms. intervals or less to match those in the adjacent curb. Full compensation for furnishing all labor. materials. where the sidewalk ends at a curb. and around posts. tools and equipment necessary to construct concrete poles. or other facilities located within the sidewalk foundations shall be considered as included in the Expansion joints shall be placed between sidewalks contract unit bid price for controller system complete and buildings or other structures. in place and no additional compensation will he allowed therefore. Contraction joints shall be provided transversely to the walks at locations opposite the contraction joints in the curb and at 10-foot intervals along the • . . monitors shall be considered as included in the CALTRANS Standard Specifications and these contract unit hid price for controller system complete Special Provisions. in place and no additional compensation will be allowed therefore- All detectors shall be compatible with the existing loops and new traffic signal system. 204.13 LOOP DETECTORS: Reuse existing loops. Detectors shall be dual channel rack mounted units. Contractor shall connect existing loops to new pull The number of detectors for each intersection is boxes. specified in"Information Sheet." Contractor shall be very careful not to damage Full compensation for furnishing all labor, materials. existing conduit and wiring. Contractor is tools and equipment necessary to install loop responsible for the traffic system to be operational if an dmna�ues on the current system pcaused by detectors shall be considered as included in the contract unit bid price for controller system complete Contractor's operation. in place and no additional compensation will be Full compensation for furnishing all tabor, materials. allowed therefore. tools and equipment necessary to connect existing 204.15 ELECTRICAL SERVICE: Contractor shall loops to pull boxes shall be considered as included in connect new controller to existing electrical service. the centric! unit bid price for controller system complete in place and no additional compensation Full compensation for furnishing all-labor. materials. will be allowed therefore. tools and equipment necessary for service installation 204.14 DETECTORS: Detectors shall conform to shall be considered as in included in the contract unit the provisions in Saction 86-5 "Detectors- of-the bid price for controller system complete in place and no additional compensation will he allowed therefore. • APPENDIX • • INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS CITY OF SEAL BEACH By an Individual. The individual must sign the instrument, and if he is doing business under a fictitious name, the fictitious name must be set forth. By a Partnership or Joint Venture. The legal name of the partnership or joint venture must be set forth followed by the signatures of all of the partners or joint venturers, or signature(s) of fewer than all of the partners or joint venturers if submitted with evidence of authority to act on behalf of the partnership or joint venture. By a Corporation. The legal name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary and the corporate seal. The signatures must be acknowledged before a Notary Public. using in substance the form of acknowledgment set forth below. By a Surety. The legal name of the surety must be set forth. followed by an authorized signature. A legally sufficient power of attorney must be attached to any bond to verify the authority of the party signing on behalf of the surety. NOTE: Signatures of partners. joint venturers and corporation officers including the person signing on behalf of a surety. must be acknowledged before a Notary Public. who must certify that such partners,joint venturers or officers are known to him or her to be such, and. in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. THIS IS INSTRUCTION ONLY - IT IS NOT TO BF SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. STATE OF CALIFORNIA) ss. COUNTY OF ORANGE On . 1997 before me. the undersigned. a Notary Public in and for the said State and County.personally appe:uecl____ • personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to the that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official oral. Signature «` • • & c ( e [ e a \ \ 0 \ / \ = = e e 3 ¥ 4 \ \ \ \ C-) — ^ 2 ^ 2 ^ 2 ° 2 = e = = \ • _ / \ / & ƒ ! » ! » ! 9 y 2 - _ _ - - - - { 3 23 E 4 G \ ( \ ! k / # / \ ƒ % ® k / k 2 0 ( { ( \ - \ J « J « 72 § / 7 « 7573 / 3732 = = ue2 § 2- \\ 00 _. r = r = r r = r r 2 ; § 2 5 5 5 5 § } \ \ \ \ \ \ \ 6 = o k z Cl) - t _ _ : _ : 0 — k \ \ \ \ - 0 0 \ ( 0 \ < U. 3 a d a j / / / / / / A » r « / \ ! _ _ » » _ _ = 5 = 5 2 2 , _ c._ § a iii/ _ 3 \ \ ) > § > > > E > E > 2 > >>2 > / D e e * & G & ( � ( � e ce e e * ( CG e 03 + » tt \ } t < _ < U } t -,0 2 7 C)CA _ - - 2 — 5 2 / 3 } } } / j \ j / = / / > > > ) ; / C \ \ } / \ \ / / \ a ca ` ` / / ' : z : 2 2 2 1 } / J — e m » r = x 00 a 3 = - - • • I - I I �, \�/ LAMPSON& I' LAMPSON&ROBE SF. '.\ - LAMPSON&HEATHER �' - IAMPSON&CANOLEBERRY ��� Itcji Liiii, a sib_LE EA EV OilliV q ± a _ - .1_=s_.1_- :-__ __Ileta Ak__IL---SAInnThir171:•__ ---Sii n eropir 0 S9.BLVD&GOLDEN RAD4 L .B.BLVD a ST.ANDREWS•i S9.BLVD&WESTMINSTER WEST a ROAD 19-/ ' L/ A SD.BLVD&ROAD C WESTMINSTER t ROAD A N SE.BLVD&ROAD A IAIPli SD.BLVD&FORRESEAL I N MIk IN r �: ,t) ,44`, r, „, S.B.BLVD.&BOLSA Pirt iii / MAP OF SEAL BEACH SIGNAL SYSTEM UPGRADE PROJECT NO. 751 fCtae�(( et w EC\ I G PVso-/ccf I"L • BOOK. IOF 111 CONTRACT DOCUMENTS NOTICE INVITING BIDS, INSTRUCTIONS TO BIDDERS, DOCUMENTS TO SUBMIT WITH BID: BID PROPOSAL, INFORMATION REQUIRED OF BIDDER, REFERENCES, DESIGNATION OF SURETIES, ACKNOWLEDGEMENT OF AGENDA, SAFTEY RECORD, NON COLLUSION AFFADAVIT, SUBCONTRACTORS, BID BOND • FOR: SEAL BEACH SIGNAL SYSTEM UPGRADE PROJECT NO. • • 751 . • Approved-Book I.II. III. JOKY % �/�� en Bad .P.E. Date Director 9 ublic Works These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. • CITY OF SEAL BEACH -.211 EIGHTH STREET-SEAL BEACH. CA 90740-6379 5 • • CITY OF SEAL BEACH NOTICE INVITING SEALED BIDS PROJECT NAME: SEAL BEACH SIGNAL SYSTEM UPGRADE PROJECT NO. 751 BIDS MUST BE RECEIVED BY: THURSDAY. NOVEMBER IS. 1999 10:00 A.M. BIDS TO BE OPENED BY: THURSDAY,NOVEMBER 18. 1999 10:00 A.M. PLACE OF BID RECEIPT: CITY OF SEAL BEACH OFFICE OF THE CITY CLERK FIRST FLOOR 211 EIGHTH STREET SEAL BEACH CA 90740 NOTICE IS HEREBY GIVEN that the City of Seal Beach. County of Orange. California. will receive up to. but not later than the time set forth above, sealed contract bids for the award of a contract for labor. materials and equipment for the above-named project. All bid proposals shall be made on the proposal forms furnished by the City and placed. together with the accompanying documents and security, in a sealed package addressed to the City Clerk at the above address. The Contractor shall submit bids in a • sealed envelope marked outside. "SEALED BID FOR THE CITY OF SEAL BEACH, SEAL BEACH SIGNAL SYSTEM UPGRADE- DO NOT OPEN WITH REGULAR MAIL' All bid proposals must comply with the requirements contained in this Notice and in the specifications and other contract documents. All bids in apparent compliance with such requirements shall be opened and publicly read aloud at the above-stated time at the place of hid receipt identified above. DESCRIPTION OF WORK: The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary for the proper construction of this project. including but not limited to the removal existing traffic controllers and cabinets, removal of concrete foundation and the construction of new traffic controllers system complete in place with cabinets. conflict monitors, detectors. pull boxes.concrete foundations and conduits with these contract documents. OBTAINING CONTRACT DOCUMENTS: Contract documents for the above-referenced project may be obtained at the Office of the Director of Public Works. 211 Eighth Street. Seal Beach CA. for a non- refundable fee of S30. or S40 if mailed. No bid proposal will be received unless it is made on the official proposal forms furnished by the City. is accompanied by an executed Non-Collusion Affidavit and is accompanied by cash. a certified or cashier's check payable to the City or a satisfactory bidder's bond in favor of the City executed by the bidder as principal and a satisfactory surety company as surety. in an amount not less than 10% of the bid amount, as provided in Public Contract Code section 1 20170 et. seq. Should the bidder to whom the contract is awarded fail to enter into the subject contract. such bid security shall be forfeited pursuant to Public Contract Code section 20172, except as otherwise provided in Public Contract Code section § 20174. CDBG.DAVIS BACON ACT: Not Applicable. COMPLETION OF WORK: All work shall be completed within 40 working days following the date specified in the written notice to proceed from the City. Pursuant to Section § 1770 et. seq. of the Labor Code of the State of California. the Director of the Department of Industrial Relations has determined the general prevailing rate of wages applicable to the work to be done. This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request. The contractor to whom the contract is awarded and the subcontractors under him must pay not less than these rates to all workers employed in the execution of this contract. • • . At the time of the award of the contract, the successful bidder shall possess a valid contractor's license, and shall comply with any applicable City requirements concerning contractor qualifications. Submission of a bid by a bidder without a:license subjects the bidder to civil penalties pursuant to Business & Professions Code section § 7028.15. The bidder must possess a Contractor License A or C-10. No contract will be awarded to any bidder who is not a properly licensed California contractor as required by the California Business and Professions Code. WITHHELD CONTRACT FUNDS: As provided for in section 22300 of the Public Contracts Code, the - Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract. INSURANCE AND BONDING REQUIREMENTS: The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage together with additional Insured Endorsements. The successful Contractor shall also furnish 2 bonds required by the State Contract Act. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor. and the other said bond shall secure the payment of claims for labor and material. CITY OF SEAL BEACH RIGHT OF REJECTION OR WAIVER: The City reserves the right to reject any or all bids or any parts thereof, and to waive any irregularities or informalities in any bid or in the bidding. and to make awards in all or part in the best interests of the City. WITHDRAWAL OF BID: No bidder may withdraw his bid for a period of 60 days after the date set for the opening of bids. CITY OF SEAL BEACH 7`% Date: /VT 9 phen Badum. P.E. "Director of Public Works