CC - Item 8E - Authorization to Solicit Bids For Construction of The Rosemead Aquatic Center And The Garvey Aquatic Center ProjectsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 4P
DATE: SEPTEMBER 14, 2010
SUBJECT: AUTHORIZATION TO SOLICIT BIDS FOR CONSTRUCTION OF THE
ROSEMEAD AQUATIC CENTER AND THE GARVEY AQUATIC
CENTER PROJECTS
SUMMARY
As part of the City's Fiscal Year 2010-11 Capital Improvement Program, the City
Council has approved the complete renovation of the Rosemead Park and Garvey Park Aquatic
Centers including pools and other aquatic play amenities, bath houses, and mechanical
facilities. Architectural designs as well as construction plans and specifications have been
prepared for these significant improvement projects.
Staff Recommendation
it is recommended that the City Council authorize staff to advertise and solicit bids for the
Rosemead Aquatic Center Renovation Project and the Garvey Aquatic Center Renovation
Project.
ANALYSIS
In May 2010, City Council authorized development of plans and specifications for the
Rosemead and Garvey Aquatic Centers. The proposed Aquatic Center renovations are
consistent with the City's Strategic Plan Goal 1: "Beautify community infrastructure and improve
public facilities," and Goal 2: "Enhance public safety and quality of life." Projects include the
following:
Rosemead Aquatic Center
The project includes demolition of existing site amenities to be replaced with competitive
swimming pool, water polo courses, 1-meter spring boards, and shallow water leaming/lesson
area,,shade shelters, covered bleacher area, and bath house including locker/shower rooms,
office space, public restroom, dry goods snack bar, and chemical and mechanical facilities. The
architect's estimate for the project is $6.52 million.
Garvey Aquatic Center
The project includes demolition of existing site amenities to be replaced by wet play area,
instructional pool, two water slides, shade structures, and bathhouse including locker/shower
rooms, office space, public restrooms, dry goods snack bar, and chemical and mechanical
facilities. The architect's estimate for the project is $3.32 million.
ITEM NO. B!
City Council Meeting
September 14, 2010
Page 2 of 2
Bid Timeline
If approved by the City Council, staff will work to complete the bid process in accordance with
the following schedule:
September 14 - Authorization to Solicit Bids
September 15 and 22 - Advertisement of Project for Competitive Bids
October 6 - Public Bid Opening for Project
October 12 - City Council Award of Contract
A copy of plans and specifications and technical documents related to both projects are
available in the City Clerk's office for review.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
FISCAL IMPACT:
Both projects have been included in the current CIP budget and a Redevelopment Agency
(RDA) bond issue has produced $9.7 million in capital project bond proceeds that augment
existing available RDA bond proceeds of $5 million. The Rosemead Aquatic Center will be
funded entirely through RDA bond proceeds, which requires that funds be spent on projects that
fall within the redevelopment project area. The City is still awaiting responses from the State
Office of Grants and Local Services regarding a Statewide Park Development Grant and a
request to LA County Supervisor Molina's office for funding of the Garvey Aquatic Center
project. If no grant funds are awarded, some funding for the Garvey project is available through
the general fund as a result of a RDA loan repayment. City Council can make a final funding
determination or can delay the project once construction bids have been obtained and
responses have been received regarding the pending grant applications.
ENVIRONMENTAL DETERMINATION:
The City of Rosemead Planning Division finds each project to be exempt under Section 15302
of the California Environmental Quality Act (CEQA) guidelines. This section exempts projects
that consist of replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced. Accordingly, each project is
classified as a Class 2 Categorical Exemption pursuant to Section 15302 of the CEQA
guidelines..
Director
Attachh`iapdA: Rosemead Aquatic Center Plans and Specifications
Attachment B: Garvey Aquatic Center Plans and Specifications
CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
FISCAL YEAR 2010-2011
IN THE CITY=OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2152 FAX: (626) 307-9218
SCHEDULED BID OPENING: TBD
CITY OF.ROSEMEAD
x GARVEY PARK AQUATIC FACILITY
PROJECT NO.
P53129
TABLE OF CONTENTS
BIDDING DOCUMENTS
1. Notice Inviting Bids ...........................................................NIB-1 -NIB-2
2. Instructions to Bidders ..........................................................ITB-1 - ITB-10
3. Contract Bid Forms ............................................................CBF-I -CBF-11
CONTRACT AGREEMENT
I. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part
"A"
- General Provisions ...............................................1-31
Part
"B"
- Supplemental General Conditions ............................1-7
Part
"C"
- Project Manual
CITY OF ROSEMEAD
NOTICE INVITING BIDS
PROJECT No. P53129
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive
scaled bids up to (Insert Date and Time)
GARVEY PARK AQUATIC FACILITY
PROJECT No. 53129
Contractor must submit three (3) complete copies of their proposal as indicated above. Successful
lowest bidder assigned to this project will have to submit four (4) additional complete copies of
their proposals.
The project consist of demolition of the existing swimming pool, decking, fencing, mechanical room and
pool building. The construction of a new pool, pool mechanical, pool decking, fencing, lighting, utilities
and pool building. Construction of a new site work, landscaping, slides, shade and associated equipment.
Project is located at 7933 Emerson Place, Rosemead, CA 91770, California.
The engineer's estimate for this project is $3,320,000. The successful bidder shall have two
hundred and ten (210) calendar days to complete the work. Liquidated damages shall be $2,000.00
per working day.
Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of
the CITY OF ROSEMEAD, 8838 E. Valley, Boulevard, Rosemead, California 91770, (626) 569-
2177, for a non-refundable charge of $100.00 and $125.00 if mailing is requested.
Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount
of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory
agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the
total amount of the bid price.
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening
date.
The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be
atforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, disability, sex or national origin in the consideration for an
award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor
Code. Compliance with the prevailing rates 'of wage and apprenticeship employment standards
established by the State Director of IndustrialRelations will be required. Copies of prevailing wage
rates are on file and are available for inspection in the office of the City Clerk, 8838 East Valley
Boulevard, Rosemead, CA 91770.
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the
Business and Professions Code of the State of California. Bidder shall have a Class "B" and/or "C-
53"-license in good standing at the time Bids are received; all of the work in sections 13151-13158
NIB- 1
is to be the responsibility of one experienced swimming pool subcontractor primarily engaged in the
construction of commercial public-use swimming pools. A swimming pool subcontractor shall be
considered primarily engaged as required herein if the subcontractor derived 50% of its annual
revenue from public-use swimming pool construction for each of the last five years. The
subcontractor must have also, in the last five years, constructed at least five (5) commercially
designed municipal and public-use swimming pools, each of which shall have incorporated a
minimum size of 6,000 square feet of water surface area with a concrete and ceramic tile perimeter
overflow gutter and self-modulating balance tank.
The Council reserves the right to reject any and all bids and to waive any informality, technical
defect, or minor irregularity in any bid submitted.
An award of service shall not be final until the bids have been reviewed and a Contract Agreement
with the City has been signed by the lowest responsible bidder and by the City.
Award of Service Agreement is proposed for October, 2010.
Dated this 12010.
GLORIA MOLLEDA
CITY CLERK
Publish: October 2010.
NIB- 2
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILTY
PROJECT No. P53129
INSTRUCTION TO BIDDERS
INSTRUCTIONS TO BIDDERS
All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically
noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the
Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents
and Contract shall have meanings as defined therein.
1. AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the Owner on the Contract Bid Forms which are a part ofthe Bid Package
for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid
Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the
Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the
availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the
Notice Inviting Bids.
The Owner may also make the Bid Documents available for review at one or more plan rooms, as
indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid
Documents at a plan room must contact the Owner to purchase the required Bid Documents if they
decide to submit a bid for the Project.
2. EXAMINATION OF BID DOCUMENTS
The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be
solely responsible for examining the Project Site and the Bid Documents, including any Addenda
issued during the bidding period, and for informing itself with respect to local labor availability, means
of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local
tax structure, contractors' licensing requirements, availability of required insurance, and other factors
that could affect the Work. Bidders are responsible for consulting the standards referenced in the
Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole
risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted in writing
by Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the
Owner may choose to make for purposes of interpretation or clarification, will be in writing and made
available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed .
Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for
which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation
or clarification requires a change in the BiWDocuments, the Owner will prepare and issue an
Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon,
any oral interpretation or clarification of the Bid Documents.
ITB - 1
The bidding process and terms and conditions will be in strict accordance with the following Bid
Documents:
a. Notice Inviting Bids
b. Instructions to Bidders '
C. Contract Bid Forms
d. Contract
C. Contract Appendix
Part "A" General Conditions
Part "B" Supplementary General Conditions
Part "C" Project Manual
f. Any Addenda Issued by the Owner
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
Each prospective bidder is responsible for fully acquainting himselfwith the conditions ofthe Project
Site (which may include more than one site), as well as those relating to the construction and labor of
the Project, to fully understand the facilities, difficulties and restrictions which may impact the total
and adequate completion of the Project.
5. ADDENDA
The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if
any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the
Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the
Addendum requires material changes, additions or deletions to the description of the work to be
performed or the content, form or manner of submission of bids, the Owner will extend the deadline
for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole
discretion, whether an Addendum requires that the date set for opening bids be postponed. The
announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall
provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent,
as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will
be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of
delivery without charge to all parties who have obtained a copy of the Bid Documents and provided
such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring
that they have received any and all Addenda. To this end, each Bidder should contact the
Development Services Department to verify that he has received all Addenda issued, if any.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge
receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive.
ITB-2
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Fonns provided with the Bid
Documents. The use of substitute bid forms other than clear and correct photocopies of those
provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive.
Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders.
In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and
initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither
delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions
thereon. USE OF INK, INDELIBLE PENCIL OR-A TYPEWRITER IS REQUIRED.
ALTERNATE BIDS
If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on
the basis of the base bid only, but the Owner may choose to award the contract on the basis of
the base bid alone or the base bid and any alternate or combination of alternates. Since the
time for the alternate bid items has already been factored into the Contract Time, no additional
Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to
include one or more of the alternate bid items, or to otherwise remove certain bid items from the
Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of
profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not
unevenly weight or allocate their overhead and profit to one or more particular bid items.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents.
Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed
envelope in accordance with the instructions herein.
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it
nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the
printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC
AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be
asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a
Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each
Bid and to any Contract arising therefrom.
ITB 3
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of
Attorney executed by each joint venturer or partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that
joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that
particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2)
provide that each venturer or partner shall be jointly and severally liable for any and all of the duties
and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid
shall be executed by the designated joint venturer or partner on behalf of the joint venture or
partnership in its legal name.
10. BID GUARANTEE (BOND)
Each bid proposal shall be accompanied by cash, a certified or cashier's check, bid bond (thebid bond
must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of
a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of
the Total Bid Price. Any check, bond, or other substitute must be trade payable to the Owner, and
shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid
Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond,
the required insurance certificates and endorsements, and any other certifications as may be required
by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if
awarded the work or to provide the Bonds and other information or documentation described above
would result in damage to the Owner, and that it would be impracticable or extremely difficult to
ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may
retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or
refuses to timely enter into the Contract or to provide the Bonds and other information or
documentation described above, except as may otherwise be required by California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do
business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond
must be submitted on the form furnished by the Owner, or one substantially in conformance with the
Owner's form if previously approved in writing by the Owner.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch ofa solvent
national bank.
After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract,
submitted the necessary bonds, original insurance certificates and endorsements, and any other
certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to
each particular bidder if requested by that bidder. Ifthe Owner rejects all Bids, it will promptly return
to all Bidders their Bid guarantees
ITB - 4
11. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set forth above,
they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other
materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed,
postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice
Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED.
The envelope shall also contain the following in the lower left-hand corner thereof
Bid of (Insert Name of the Company
for GARVEY PARK AQUATIC FACILITY.
No consideration shall be given by the Owner to bid proposals received after the date and time set for
the opening of bids as provided in the Notice Inviting Bids.
12. DELIVERY AND OPENING OF BIDS
Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date
and time shown therein. The Owner will leave unopened any Bid received after the specified date and
time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility
to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and
time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid
will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner
reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received
where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the
respective Bids received. In the event ofa discrepancy between the written amount of the Bid Price
and the numerical amount of the Bid Price, the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request
signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is
made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements
required below within the time specified in these Instructions to Bidders below, the funds represented
by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and
become and remain the property of the Owner; the amount thereof being previously agreed to by the
Bidder and the surety to be due the Owner because of the damage resulting from the delay in the
execution of the Contract and in the performance of Work thereunder.
ITB - 5
14. AWARD PROCESS
Once all Bids are opened and reviewed to dctennine the lowest responsive and responsible bidder, the
City Council will make all necessary decisions and awards. The apparent successful bidder should at
this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment
Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice
of Award, the successful bidder will have seven (7) Working Days from the date of this letter to
supply the Owner with all of the required documents and certifications. Regardless whether the
successful bidder supplies the required documents and certifications in a timely manner, the Contract
Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the
Owner receives all of the properly drafted and executed documents and certifications from the
successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder.
15. DESIGNATION OF SUBCONTRACTORS
Pursuant to state law, the Bidders must designate the name and location of each subcontractor who
will perform work or render services for the prime Bidder in an amount that exceeds one-half ofone
percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such
subcontractor will perform. Bidders must make these designations, as well as any others requested by
the Owner, on the document titled "List of Proposed Subcontractors" which has been included with
the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined
that it will allow Bidders twenty-four (24) additional hours after the deadline for submission ofbids to
submit the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
16. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public
Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to
Section 7028.5 ofthe Business and Professions Code, the Owner shall consider any bid submitted by
a contractor not currently licensed in accordance with state law and pursuant to the requirements
found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall
have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence
satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's
subcontractors, before awarding the Contract.-
17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a
person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has
quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or
quoting prices to other bidders submitting a bid to the Owner.
IT.B -:,6
18. INSURANCE REQUIREMENTS
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with
four identical counterparts of all required insurance certificates and endorsements as specified in the
Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the
Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:Vlll, licensed to do business in California, and satisfactory to the Owner.
19. REQUIRED BIDDER CERTIFICATIONS
Bidders must comply with the following:
A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must
certify to various information, including but not limited to, the accuracy of the representations made
in the Contract Bid Forms .
B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106,
each Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit
included in the Bid Documents.
20. BASIS OF AWARD; BALANCED BIDS
The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids,
as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any
Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates,
does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect
to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion,
each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and
other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-
responsive any bid which unevenly weights or allocates overhead and profit to one or more particular
bid items.
21. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a
Bidder's protest to be considered valid, the protest must:
A. Be filed in writing within five (5) Working Days after the bid opening date.
B. Clearly identify the specific accusation involved.
C. Clearly identify the specific Owner Staff/Board recommendation being protested.
D. Specify, in detail, the grounds of the protest and the facts supporting the protest.
E. Include all relevant, supporting documentation with the protest at time of filing.
ITB - 7
If the protest does not comply with each and every one of these requirements, it will be rejected as
invalid.
If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall
review the basis of the protest and all relevant information. The Project Engineer will deny or concur
with the protest and provide a written decision to the protestor. The protestor may then appeal the
decision of the Project engineer to the City Engineer.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is
awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment
Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in
the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the
bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120,
authorized to do business as such in the State of California and satisfactory to the Owner.
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the
Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price.
Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing
labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply
Payment and Performance Bonds in the amounts and manner required of the Contractor. The
Contractor shall specify this requirement for subcontractor bonds in his written or published request
for subcontractor bids
23. EXPERIENCE AND TECHNICAL REQUIREMENTS
Bidders are required to provide the experience and qualification information required as part of the
Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner
to determine whether Bidders have the necessary experience in order to responsibly carry out the
Work. Each Bidder shall answer all questions and provide information requested bythe Contract Bid
Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay
California sales and other applicable taxes, and to pay for pennits, licenses and fees required by the
agencies with authority in the jurisdiction in which the work will be located, unless otherwise
expressly provided by the Bid Documents.
ITB - 8
25. EXECUTION OF CONTRACT
The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price
and furnish the required insurance certificates and endorsements, as well as Perto -nance and Payment
Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing
the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do
so.
26. OWNER RIGHTS
The Owner may investigate the qualifications ofany Bidder under consideration, require confirmation
of information fumished by a Bidder, and require additional evidence of qualifications to perform the
work described in these Bid Documents. The Owner reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the Owner.
B. Issue subsequent Notices Inviting Bids.
C. Cancel this entire Notice Inviting Bids.
D. Appoint evaluation committees. to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the
Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a
contract.
27. BIDDER'S RESPONSIVENESS
The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is
made. A Bid must be in strict compliance with the commercial and technical specifications, without
exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for
award. A Bid not meeting the requirements of the responsiveness checklist may be rejected
immediately upon opening, and returned to the Bidder's representative.
28.' BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
A. Completed and properly executed Bid Letter (Including a completed Total Bid Price,
completed Bid Bond amount, acknowledged addenda, completed state of incorporation or
partner/joint venturer information (if applicable), completed license number, and signature by
authorized company officer);
ITB _ 9
B. Completed Bid Data Fonns (including valid and properly executed Bid Bond for 10%
of the Total Bid Price and a completed List of Proposed Subcontractors);
C. Properly executed Non-Collusion Affidavit; and
D. Completed and properly executed Bidder Information Forms.
If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra
forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary.
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
A. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below.
(1) The Contract Bid Forms and Letter must be prepared using ink, indelible
pencil or a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or
persons having the authority to do so. Proof of the authority to act on behalf
of the firm must be submitted when requested. The proof shall be in the form
of a certified copy of an appropriate corporate resolution, certificate of
partnership orjoint venture, or other appropriate document. If Bidder is an
entity made up of multiple parties and no person or persons are designated to
act on its behalf, all parties shall execute the Bid.
(3) Addenda - Receipt of addenda must be acknowledged in the space provided in
the Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions thereof,
on the printed matter of the Contract Bid Forms or Bid Letter.
(5) Corrections shall be initialed by the person who signs the Bid Letter.
(6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as
altering the requirements of the specifications or the terms and conditions of
the Contract will render the Bid nonresponsive and disqualify the Bidder from
consideration for award.
B. List of Proposed Subcontractors (Forms).
State law prohibits substitution of subcontractors listed in the original Bid except as otherwise
provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are
ITB - 10
required to list all Subcontractors whose participation in the Contract will exceed one-half of
one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must
be completed as set forth below.
(1) Name. List the name of Subcontractors who will perform work in excess of
one half of one percent (0.5%)ofthe Total Bid Price.
(2) Location. For listed Subcontractors, identify the location of its place of
business (City and State).
(3) Work. For listed Subcontractors, identify the type/portion of work to be
performed in the Contract.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the
information requested by the Owner about each subcontractor, other than the name and location of
each subcontractor.
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements
of the Contract. The Owner reserves the right to consider the financial responsibility and general
competency of each bidder, as well as its reputation within the industry. Owner may request, and
apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's
latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully
disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in
order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 ofthe
Contract Bid Forms to determine that it:
A. Has or can secure adequate financial resources to perform the contract;
B. Is able to meet the performance or delivery schedule of the contract, taking
into consideration other business commitments; and
C. Has a satisfactory record of performance. A contractor seriously deficient in
current contract performance, considering the number of contracts and extent
of the deficiencies, is presumed not to meet this requirement unless the
deficiencies are beyond its control or there is evidence to establish its
responsibility notwithstanding the deficiencies. Evidence of such satisfactory
performance record should show that the contractor:
(1) Has a satisfactory record of integrity in its dealings with government agencies
ITB - 11
and with subcontractors, and is otherwise qualified to receive an award under
applicable laws and regulations;
(2) Has the necessary organization, experience, satisfactory safety record,
accounting and operational controls and technical skills or the ability to obtain
them; and
(3) Has the necessary production, construction, and technical equipment and
facilities or the ability to obtain them.
END OF INSTRUCTIONS TO BIDDERS
ITB - 12
TABLE OF CONTENTS
Page
1. AVAILABILITY OF BID DOCUMENTS 1
2. EXAMINATION OF BID DOCUMENTS 1
3. INTERPRETATION OF BID DOCUMENTS 1
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK ........................2
5. ADDENDA .....................................................................................................................2
6. PREPARATION OF BIDS ..............................................................................................2
7.
ALTERNATE BIDS
3
8.
MODIFICATIONS OF BIDS
...3
9.
SIGNING OF BIDS
...3
10.
BID GUARANTEE (BOND)
...4
11.
SUBMISSION OF SEALED BIDS
...4
12.
DELIVERY AND OPENING OF BIDS
...5
13.
WITHDRAWAL OF BID
...5
14.
AWARD PROCESS
...5
15.
DESIGNATION OF SUBCONTRACTORS
...5
16.
LICENSING REQUIREMENTS
...6
17.
DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID........
6
18.
INSURANCE REQUIREMENTS
...6
19.
REQUIRED BIDDER CERTIFICATIONS
...6
20.
BASIS OF AWARD; BALANCED BIDS
...6
21.
FILING OF BID PROTESTS
...7
22.
PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
...7
23.
EXPERIENCE AND TECHNICAL REQUIREMENTS
...7
24.
SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
8
25.
EXECUTION OF CONTRACT
...8
26.
OWNER RIGHTS
...8
ITB - i
27. BIDDER'S RESPONSIVENESS .....................................................................................8
28. BIDDER'S RESPONSIVENESS CHECKLIST ...............................................................8
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS .......................................9
30. RESPONSIBILITY CRITERIA 10
ITB - ii
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
CONTRACT BID FORMS
SECTION I - BID SCHEDULE
BIDDER:
BID SCHEDULE
SCHEDULE OF PRICES FOR
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
BASE BID SCHEDULE
NO.
ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
QTY.
UNIT PRICE
ITEM COST
I
General Conditions
LS
1
2
Demolition
LS
1
3
Engineered Fill
Cy
3,000
4
Pool Decks
SF
13,500
5
Deck Drainage
LF
480
6
Landscape & Irrigation
SF
7,500
7
Perimeter Fencing
LF
700
8
Site Lighting Fixtures
EA
10
9
Site Concrete Benches
LS
I
10
Domestic Water
LF
70
I I
Backflow Preventer
EA
1
CBF-1
BIDDER:
12
Sanitary Sewer
:LF
70
13
Storm Sewer
LF
70
14
Natural Gas
LF
70
15
Electrical Conduit
LF
70
16
Bathhouse Building
SF
4,471
17
Shade Structures
SF
3,388
18
Wet Play
LS
1
19
Instructional Pool
SF
1,500
20
Water Slides
LS
I
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$
Dollar amount in written form
ALTERNATE BID ITEM 1
TOTAL ALTERNATE BID ITEM #1 PRICE
Dollar amount in written form
CBF-2
BIDDER:
TOTAL BASE BID PRICE INCLUDING ALTERNATE BID ITEM #1 $
Dollar amount in written form
Note: The City of Rosemead reserves the right to reduce or increase the quantities ofany items in the
schedule ofbid items above, within the limits define in Section 3-2.2.1 ofthe Standard Specifications,
to stay within the budgeted amount of this project.
If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be
added to or deducted from the Total Bid Price entered above. The owner can choose to include
one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids
are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the
Project.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and
after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third
party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the
written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall
govern.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
Dollars said amount being not less than ten percent (10%) of the Total
Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award,
we fail or refuse to execute the Contract and furnish the required bonds, certificates and
endorsements of insurance and other certifications within the time provided.
Ifawarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared
by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the
Contract, and will deliver to the Owner within that same period the necessary original Certificates of
Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other
documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 ofthe Business
and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at
the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence
that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting
CBF-3
BIDDER:
therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner
to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and
subject to the terms and conditions described in the Contract Form and the Contract Documents.
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
The undersigned acknowledges receipt, understanding and full consideration ofthe following addenda
to the Contract Documents.
Addenda Nos.
The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and
equipment or supplies necessary to complete the Work as described in the Bid Documents. Ifthis bid
is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary
bonds and accept the Total Bid Price as compensation in full for all Work under the contract.
CBF-4
BIDDER:
By:
Signature
Business Street Address
Type or Print Name City, State and Zip Code
Title
Bidder's/Contractor's State of Incorporation:
Partners or Joint Venturers: '
Telephone Number
Bidder's License Number(s):
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) . If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
corporation, partnership or joint venture has the authority to do so.
CBF - 5
BIDDER:
SECTION 2
BID DATA FORMS
CBF-6
BIDDER:
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the
information required. Bidder shall ensure that every page of its Bid Data Fonns are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT
Principal, and
as
, as Surety, are held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
DOLLARS
being not less than ten percent (10%) of the Total Bid
Price; for the payment of which sum will and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the Garvey Park Aquatic Facility as set forth in the Notice Inviting
Bids and accompanying Bid Documents, dated
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance and
the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as may
be required by the Contract, then this obligation shall be null and void; otherwise it
shall remain in full force and effect. In the event suit is brought upon this bond by the
OWNER and judgment is recovered, said Surety shall pay all costs incurred by the
OWNER in such suit, including reasonable attorneys' fees to be fixed by the court.
SIGNED AND SEALED, this day of 20
(SEAL) (SEAL)
Principal Surety
By:
Signature
By:
Signature
CBF-7
BIDDER:
2.13 LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will
perform work, labor or render service to Bidder in or about the construction of the Work in
an amount in excess ofone-half ofone percent (greater than 0.5 of the Bidder's Total Bid
Price, or, in the case of bids or offers for the construction of streets or highways, including
bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars
($10,000), whichever is greater, and shall further set forth the portion of the Work which will
be done by each subcontractor. Bidder shall list only one subcontractor for any one portion
of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit
the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be perfonned
under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall
not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half ofone percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction
of streets or highways, including bridges, in excess ofone-half of 1 percent ofthe Contractor's
total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor
was designated in the original bid shall only be permitted in cases of public emergency or
necessity, and then only after Owner approval.
CBF-8
BIDDER:
2.13 LIST OF PROPOSED SUBCONTRACTORS (continued)
["Duplicate Next 2 Pages if needed for listing additional subcontractors."]
Name and Location Description of Work
of Subcontractor to be Subcontracted
Address:
Name and Location
of Subcontractor
Name:_
Address:
Name and Location
of Subcontractor
Name:
Description of Work
to be Subcontracted
Description of Work
to be Subcontracted
Name and Location
of Subcontractor
Name:
Name'and Location
of Subcontractor
Name:
Description of Work
to be Subcontracted
Description of Work
to be Subcontracted
Address:
CBF - 9
BIDDER:
2.C REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has performed similar work within the past two (2) years:
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
2.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
3.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF-10
BIDDER:
4.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF - 11
BIDDER:
SECTION 3
NON-COLL USION AFFIDA VIT
CBF - 12
BIDDER:
NON-COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid is not made in the interest of, or on behalf of any
undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Signature
Typed or Printed Name
Title
Bidder
Subscribed and sworn before me
This day of 20
(Seal)
Notary Public in and for
the State of California
My Commission Expires:
CBF-13
BIDDER:
CONTRACT BID FORMS
TABLE OF CONTENTS
SECTION I BID SCHEDULE I
SECTION 2 BID DATA FORMS .............................................................................................6
2.A BID BOND ..........................................................................................................7
2.B LIST OF PROPOSED SUBCONTRACTORS .....................................................8
SECTION 3 NON-COLLUSION AFFIDAVIT 12
CBF-14
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53129
CONTRACT AGREEMENT
CONTRACT AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this day of 120
by and between the City of Rosemead, a municipal corporation of the State of California, located at
8838 E. Valley Blvd., Rosemead, California 91770, ("City") and [insert Name of Company], a [insert
type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal
place ofbusiness at [insert address] (hereinafter referred to as "Contractor"). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain services
required by the City on the terms and conditions set forth in this Agreement. Contractor represents
that it is experienced in providing Construction services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the Services in the State of
California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Garvey Park Aquatic Facility
Project ("Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the professional Construction services necessary for the Project
("Services"). All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local, state and
federal laws, rules and regulations.
3.1.2 Term. The term of this, Agreement shall be from [insert start date] to [insert
ending date], unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines. The
Parties may, by mutual, written consent, extend the tenn of this Agreement if necessary to complete
the Services.
[insert Name of Company]
Page 2 of [insert last page number of agreement]
3.2 Responsibilities of Contractor:
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of perfonning the Services subject to the requirements of this Agreement. City
retains Contractor on an independent contractor basis and not as an employee. Contractor retains the
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Contractor shall also
not be employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited. to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to
Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Confonnance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates City Manager, or his
designee, to act as its representative for the performance of this Agreement ("City's Representative").'
City's Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Contractor shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or
Title], or his or her designee, to act as its representative for the performance of this Agreement
("Contractor's Representative"). Contractor's Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's
Representative shall supervise and direct the Services, using his/her best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
[insert Name of Company]
Page 3 of [insert last page number of agreement]
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term ofthis
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Contractor's failure to comply with
the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all
notices required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. If the Contractor performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Contractor shall be solely
responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to
comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning
of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to
and part of this agreement.
3.2. 10 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)
[insert Name of Company]
Page 4 of [insert last page number of agreement]
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection
and maintenance of all safety measures.
3.2.1 1 Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates
and the performance of other requirements on "public works" and "maintenance" projects. If the
Services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and shall post
copies at the Contractor's principal place of business and at the project site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. Contractor shall execute and provide to
City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed
compensation indicated in this Agreement, and in a'form provided or approved by the City. If such
bond is required, no payment will be made to Contractor until it has been received and approved by
the City.
3.2.12.2 Payment Bond. Contractor shall execute and provide to City
concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed
compensation indicated in this Agreement, and in a form provided or approved by the City. If such
bond is required, no payment will be made to Contractor until it has been received and approved by
the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew orreplace the
affected bond within 10 days of receiving notice from City. In the event the surety or Contractor
intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be
given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior
to expiration of the original bonds. No further payments shall be deemed due or will be made under
this Agreement until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement, the
[insert Name of Company]
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Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly
and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Agreement (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terns, or conditions of payment to the Contractor, will release the surety.
117 the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of
the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C
attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert
written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City's
project manager. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Contractor. The
statement shall describe the amount of Services and supplies provided since the initial commencement
date, or since the start of the subsequent billing periods, as appropriate, through the date of the
statement. City shall, within 45 days of receiving such statement, review the statement and pay all
approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
detennined by City to be necessary for the proper completion of the Project, but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not
perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements ofCalifomia Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
[insert Name of Company] - .
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rates and the performance of other requirements on "public works" and "maintenance" projects. If
the Services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and shall post
copies at the Contractor's principal place of business and at the project site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Ternination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7)
days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and Contractor
shall be entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Contractor to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Contractor in connection with the perfonmance of Services
under this Agreement. Contractor shall be required to provide such document and other information
within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terns and in such manner as it may
[insert Name of Company]
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determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONTRACTOR:
CITY:
[Insert Name]
[insert Address]
[insert City, State zip]
Attn: [Contact Person]
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn:
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary, appropriate
or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death,.in any manner arising out of or incident to any alleged
acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees, agents
[insert Name of Company]
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or volunteers. Contractor shall pay and satisfy anyjudgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such suit,
action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings
or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws ofthe State of
California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5. 10 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5. 11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or
transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its elected
officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of reference only,
and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
[insert Name of Company]
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3.5.14 Waiver. No waiver of any default shall constitute a waiver ofany other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement, no member, officer or employee of City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is
aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before
commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
[insert Name of Company]
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3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated
in this Agreement.
[signatures on next page]
[insert Name of Company]
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CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By:
By:
Gary A. Taylor, Mayor
Attest:
Gloria Molleda
City Clerk
Approved as to Form:
Rachel Richman, City Attorney
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
By:
02/08
Document 1
[insert Name of Company]
Page 1 of [insert last page number of agreement]
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant Hall use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Consultant agrees to amend supplement or endorse the existing
coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set,forth
in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy fonn CG 00 01 or the exact equivalent. Defense costs must be paid in addition to
limits. There shall be no cross liability exclusion for claims or suits by one insured against another.
Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Autb Coverage form CA 00 01 including symbol 1 (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000
per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of personal auto
liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by
law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing primary
coverage above a maximum $25,000 self-insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There shall be no
cross liability exclusion precluding coverage For claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others
involved in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less than
$ per occurrence.
D-1
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Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the consultant and
"Covered Professional Services" as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must "pay on behalf of"the insured and must include a provision establishing the insurer's
duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum
financial size V11.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and
City agree to the following with respect to insurance provided by Consultant:
Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation
prior to a loss. Consultant agrees to waive subrogation rights against City regardless of
the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in
this Agreement or any other agreement relating to the City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to City
and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discovery
period) that may affect City's protection without City's prior written consent.
D-2
[insert Name of Company]
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7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement
to Consultant's general liability policy, shall be delivered to City at or prior to the
execution of this Agreement. In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to pay the
premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to
be provided by Consultant or any subcontractor, is intended to apply first and on a
primary, noncontributing basis in relation to any other insurance or self insurance available
to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by Consultant, provide the same
minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Consultant agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on
any portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way
involved in the performance of work on the project contemplated by this agreement to
self-insure its obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be declared to the
City. At that time the City shall review options with the Consultant, which may include
reduction or elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the tern of the contract to change the
amounts and types of insurance required by giving the Consultant ninety (90) days
advance written notice of such change.. If such change results in substantial additional cost
D-3
[insert Name of Company]
Page 4 of [insert last page number of agreement]
to the Consultant, the City will negotiate additional compensation proportional to the
increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed to
be in furtherance of or towards perfonnance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City
to inform Consultant of non-compliance with any insurance requirement in no way
imposes any additional obligations on City nor does it waive any rights hereunder in this or
any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement. This
obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to
that effect.
16. Consultant shall provide'proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Consultant's insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be
provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations
of Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and
agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
D-4
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21. Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant for the
cost of additional insurance coverage required by this agreement. Any such provisions are
to be deleted with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City.
D-5
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
PERFORMANCE BOND
PERFORMANCE BOND
WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to
(hereinafter "Contractor"),
a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the GARVEY PARK AQUATIC FACILTY and all other required
structures and facilities within the rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularlyset forth
in that certain contract for the said Public Work dated (hereinafter the
"Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to performthe
terms thereof and to provide a bond both for the performance and guaranty thereof,
NOW, THEREFORE, we
the undersigned Contractor, as Principal, and
a corporation organized and existing
under the laws of the State of and duly authorized to transact business
under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF
ROSEMEAD in the sum of
dollars, said sum being not less than 100% ofthetotal amount
payable by the said Obligee under the terms of the said Public Work Contract, for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his orits
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the said Public Work
Contract and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their intent
and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and
indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work
Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force
and effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs,
necessary disbursements, and other damages.
In case legal action is required io enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages.
PERFORMANCE BOND - 1
The said Surety, for value received, hereby stipulates and agrees that no change,
extensions oftime, alteration or addition to the terms ofthe Public Work Contract or to the Work to
be performed thereunder, or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terns of the Contract, or to the Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this day on
, 20
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
The rate of premium on this bond is per thousand.
The total amount of premium charged, $
(The above must be filled in by corporate surety.)
PERFORMANCE BOND - 2
STATE OF CALIFORNIA
COUNTY OF )
ss.
On this day of , in the year , before me,
a Notary Public in and for said state, personally
appeared , known to me (or proved to be on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as
the Attorney-in-Fact of the
to me that he subscribed the name of the
thereto and his own name as Attorney-in-Fact.
(surety) and acknowledged
(surety)
Notary Public in and for said State
(SEAL)
My Commission expires
PERFORMANCE BOND-3
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the
Secretary of the corporation named as
principal to the within bond; that who signed
the said bond on behalfofthe principal was then of
said corporation; that I know his signature, and his signature thereto is genuine; and that said bond
was duly signed, sealed and attested for and in behalfof said corporation by authority of its governing
Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PERFORMANCE BOND-4
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
PAYMENT BOND
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to
(hereinafter "Contractor"), a
contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the GARVEY PARK AQUATIC FACILITY and all other required
structures and facilities within the rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly set forth
in that certain contract for the said Public Work dated (hereinafter
the "Public Work Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to
pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the
performance of the Work contracted to be done, or for any work or labor done thereon of any kind,
or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such
work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee
in case suit is brought on the bond.
NOW, THEREFORE, we
under the laws of the State of
the undersigned Contractor, as Principal and
a corporation organized and existing
and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the
CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations
furnishing materials, provisions, and other supplies used in, upon, for or about the performance ofthe
said Public Work, and all persons, companies or corporations renting or hiring teams, or implements
or machinery, for or contributing to said Public Work to be done, and all persons performing work or
labor upon the same and all persons supplying both work and materials as aforesaid excepting the said
Contractor, the sum of dollars,
said sum being not less than 100% of the total amount payable by said Obligee under the terms of the
said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies or machinery used in, upon, for or about the performance of
the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the
persons named in California Civil Code Section 3181, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, or for any amounts
PAYMENT BOND-1
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of
the State of California and rules and regulations of its agencies, then said Surety will pay the same in
or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages. In addition to the provisions hereinabove, it is
agreed that this bond will inure to the benefit of any and all persons, companies and corporations
entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or additions to the terms of the said Public Work Contract or to the
Work to be performed thereunder or the specification accompanying the same shall in any way affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this day on
120
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
PAYMENT BOND - 2
STATE OF CALIFORNIA
COUNTY OF 1 ss.
On this day of in the year , before me,
a Notary Public in and for said state,
personally appeared , known to me (or proved
to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney-in-Fact of the (surety)
and acknowledged to me that he subscribed the name of the
(surety) thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
My Commission Expires
PAYMENT BOND-3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named 'as principal in the attached bond, that
who signed the said bond on behalf of the principal
was then of said corporation; that I know his signature,
and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PAYMENT BOND-4
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
PART "A"
GENERAL PROVISIONS
PART I - GENERAL PROVISIONS
SECTION I TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 DEFINITIONS
Wherever in the Standard Specifications or other Contract Documents the following terns are
used, they shall mean the following:
Agency - The CITY OF ROSEMEAD
Bid. Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid
Security" in the Contract Documents.
Bid Security - The Bid Guaranty, as defined herein.
Board - The City Council of the CITY OF ROSEMEAD.
City - The CITY OF ROSEMEAD
City's Representative - The Engineer, as defined herein.
Contract - The written agreement (Contract form) between the City and the Contractor for
the complete and adequate completion of the Work for the Project. The Contract consists of
the Contract Documents. The documents comprising the Contract are complementary, and
each obligation of the Contractor, Subcontractors and material or equipment suppliers in any
one document shall be binding as if specified in all. The Contract is intended to include all
items required for the proper execution and completion of the Work.
Contract Documents - In addition to the documents noted in the definition of Contract
Documents in the Standard Specifications, all documents incorporated by reference into the
Contract form.
Contract Price - The amount stated in the Contract form, including authorized adjustments
pursuant to Change Orders, which is the total amount payable by the City to the Contractor
for performance of the Work under the Contract. It is also sometimes referred to as the
"Total Bid Price" in the Contract Documents.
Contractor's Representative - Contractor's executive representative who shall be present
on the Project Site at all titres that any Work is in progress and who shall have the authority
to act on behalf of the Contractor for all purposes under the
11
GENERAL PROVISIONS - 1
Contract. The Contractor shall designate such representative in writing to the City. The
Contractor's Representative shall be available to the City and its agent's at all reasonable
times.
Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either
directly or through properly authorized agents, such as agents acting within the scope of the
particular duties entrusted to them. Also sometimes referred to as the "City's Representative"
in the Contract Documents.
Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority
of Government Code Section 53069.85, to be paid to the City or to be deducted from any
payments due, or to become due, the Contractor for each day's delay in completing the whole
or any specified portion of the Work beyond the time allowed in the Contract Documents.
Notice to Contractors - Notice Inviting Bids.
Project - The total and satisfactory completion of the project noted in the Contract
Documents, as well as all related work performed in accordance with the Contract, including
but not limited to, any alternates selected by the City.
Project Site - All of the property and/or facilities of the City where the Work will be
performed pursuant to the Contract, as well as such adjacent lands as may be directly affected
by the performance of the Work.
Recyclable Waste Materials - Materials removed from the Project site which is required to
be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials
include asphalt, concrete, brick, concrete block, and rock.
Special Provisions - Any provisions which supplement or modify the Standard
Specifications, including these General Conditions (Part "A"), the Supplementary General
Conditions (Part "B") and the Technical Provisions (Part "C").
Total Bid Price - The amount stated in the Contract form, including authorized adjustments
pursuant to Change Orders, which is the total amount payable by the City to the Contractor
for performance of the Work under-the Contract. Also sometimes referred to as the
"Contract Price" in the Standard Specifications and other Contract Documents.
- END OF SECTION -
GENERAL PROVISIONS - 2
SECTION 2 SCOPE AND CONTROL OF WORK
The project consist of demolition of the existing swimming pool, decking, fencing, mechanical
room and pool building. The construction ofa new pool, pool mechanical, pool decking, fencing, lighting,
utilities and pool building. Construction of a new site work, landscaping, slides, shade and associated
equipment. Project is located at 7933 Emerson Place, Rosemead, CA 91770, Califomia.
2-3 SUBCONTRACTS
2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be
amended to include the following provisions:
"By appropriate written agreement, Contractor shall require each Subcontractor to be bound
by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights
ofthe City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction
of the City, said subcontractor shall be removed immediately from the Project upon request by the
City's Representative and shall not again be employed on the Work. The Contractor shall be held
liable for the all deficient Subcontractor Work."
2-4 CONTRACT BONDS
The following shall be added at the end of Section 2-4 of the Standard Specifications:
"The Contractor shall ensure that its Bonding Company is familiar with all of the terms and
conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding
Company that said Bonding Company thereby waives the right of special notification of any changes
or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of
cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized
representatives. If the Contract Price is increased in accordance with the Contract, the Contractor
shall, upon request of the City, cause the amount of the bonds to be increased accordingly and
promptly deliver satisfactory evidence of such increase to the City."
"Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors
providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply
Payment and Performance Bonds in accordance with the same bond requirements applicable to the
Contractor, except that the bond amounts shall equal the total amount of their subcontract. The
Contractor shall specify this requirement for Subcontractor bonds in his written or published request
for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from
complying with the Subcontractor bonding requirements. The practice of issuing separate purchase
orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements
shall not serve to exempt the Contractor from these requirements. No payments, except for a
reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance
GENERAL PROVISIONS - 3
and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned
Subcontractor bonds to the Contractor."
2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications
shall be amended to include the following at the end of that paragraph:
"All Contract Documents are essential parts of the Contract for a given project. Any
requirement included in one Contract Document shall be as binding as though included in all, as they
are intended to be cooperative and to provide a description of the Work to be done."
2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the
Standard Specifications shall be revised to read as follows:
"In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract
Documents, the document highest in precedence shall control. The order of precedence shall be as
listed below:
1. Change Orders or Work Change Directives
2. Agreement
3. Addenda
4. Contractor's Bid (Bid Forms)
5. Special Provisions
6. General Conditions
7. Standard Specifications
8. Notice Inviting Bids
9. Instructions to Bidders
10. Specifications
II. Plans (Contract Drawings)
12. Standard Plans
13. Reference Documents"
"With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings"
2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the
GENERAL PROVISIONS - 4
Standard Specifications to read as follows:
"Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently
detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's
Representative for such further explanation as may be necessary, and shall conform to such
explanation or interpretation as part of the Contract, so far as maybe consistent with the intent ofthe
original Specifications. In the event of doubt or questions relative to the true meaning of the
Specifications, reference shall be made to the Engineer, whose decision thereon shall be final."
2-7 SUBSURFACE DATA
2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard
Specifications to read as follows:
"Soils reports and other reports of subsurface conditions may be made available for inspection
by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT
DOCUMENTS. The contractor may rely upon the general accuracy ofthe "technicaldata" contained
in such reports and drawings only where such "technical data" are specifically identified in the Special
Provisions. Except for such reliance on such "technical data", the Contractor may not rely upon or
make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect
to anyofthe following:"
"2-7.1.1. Completeness. The completeness of such reports and drawings for contractor's
purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor and safety precautions and programs
incident thereto."
"2-7.1.2. Other Information. Any other data, interpretations, opinions, and infonnation
contained in such reports or shown or indicated in such drawings."
"2-7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or
any conclusion drawn from any "technical data" or any such data, interpretations, opinions or
information."
2-8 RIGHT-OF-WAY.
Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows:
"All temporary access or construction rights-of-way, other than those shown on the Plans,
which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for
and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify
and hold the City, its officials, officers, employees and agents free and harmless from all claims for
damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on
GENERAL PROVISIONS - 5
the Plans will be provided by the City at its expense."
2-9 SURVEYING.
2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to
include the following:
"All survey monuments, centerline ties and survey reference points will be tied out in advance
by the City Surveyor. Temporary control shall be protected in place. Any temporary control disturbs
by the contractor shall be replaced at no additional compensation. City Surveyor will provide one set
of temporary stakes for position of well monuments. Contractor shall install well monuments.
Contractor shall coordinate with the City Surveyor for the installation."
2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its
entirety to read as follows:
"All Work, including finished surfaces, shall during its progress and upon completion conform
to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and
measurements are given thereon and will be made in a horizontal plane. Three consecutive points
shown on the same rate of slope must be used in common in order to detect any variation from a
straight line. In the event any discrepancy exists, it must be reported to the City's Representative.
Failure to make this report shall make the Contractor responsible for any error in the finished Work.
Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be
determined in all cases by the City's Representative and authorized in writing."
2-10 AUTHORITY OF BOARD AND ENGINEER.
The provisions of Section 2-10 of the Standard Specifications shall be revised to read as
follows:
"Whenever the Contract Documents refer to the Engineer or City's Representative, or provide
the Engineer or City's Representative with power to act on behalf of the City, such reference shall
necessarily include the City's Representative, or his or her authorized designee."
"The City Council shall have the power to award the Contract, and shall generally have the
final authority to act in all matters affecting the Project. The City's Representative shall have the
authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply
with the instructions of the City's Representative. The decisions of the City's Representative shall be
final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and
equipment furnished and Work performed; (2) the manner ofperformance and rate of progress ofthe
Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications,
General Conditions, and Special Provisions; (4) the acceptable fulfillment ofthe Contract on the part
GENERAL PROVISIONS - 6
of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make
effective such decisions and actions as the Contractor fails to carry out promptly."
2-11 INSPECTION.
The provisions of Section 2-11 shall be amended to include the following at the end of that
Section:
"The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the materials
and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans.
All labor, materials, and equipment furnished shall be subject to the Engineer's inspection."
"When the Work is substantially completed, the Engineer or a representative of the Engineer
will make the final inspection."
"Whenever the Contractor varies the period during which Work is carried on any day, he shall
give adequate notice to the City's Representative so that proper inspection may be provided.
Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the
fact that such defective work and unsuitable materials have previously been inspected, accepted or
estimated for payment."
"The Contractor shall prosecute work on any State highway or within any railroad
right-of-way only in the presence of an inspector representing the State Division of Highways or the
railroad company, and any Work done in the absence of such inspectors will be subject to rejection.
The Contractor shall make the appropriate notification according to the instructions given on the
State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and
certificates required by the permit. The permit shall~be acquired by the Contractor at the Contractor's
expense. The Contractor shall pay for all testing and inspections required by a State Encroachment
Pen-nit or railroad permit."
2-12 SITE EXAMINATION
Section 2-12 shall be added to the Standard Specifications as follows:
"The Contractor shall have the sole responsibility of satisfying itself concerning the nature and
location of the Work, and the general and location conditions, such as, but not limited to, all other
matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to
acquaint itself with all available information regarding any applicable existing or future conditions
shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities,
or costs of successfully performing the Work according to the Contract Documents."
GENERAL PROVISIONS - 7
2-13 FLOW AND ACCEPTANCE OF WATER
Section 2-13 shall be added to the Standard Specifications as follows:
i
"Storm, surface, nuisance, or other waters may be encountered at various times during
construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that
it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes
any and all risks and liabilities arising therefrom." ,
2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
Section 2-14 shall be added to the Standard Specifications as follows:
"The Contractor shall give his personal attention to the fulfillment of the Contract and shall
keep the Work under his control. The Contractor shall not contract with any other entity to perform
in whole or in part the services required hereunder except in strict compliance with Section 2-3 ofthe
Standard Specifications and state law. In addition, neither this Contract nor any interest herein may
be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of
law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code,
without the prior written approval of the City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent (25%)
of the present ownership and/or control of the Contractor, taking all transfers into account on a•
cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No
approved transfer shall release the Contractor or any surety of the Contractor of any liability
hereunder without the expressed written consent of the City."
- END OF SECTION -
GENERAL PROVISIONS - 8
SECTION 3 CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
"Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits
or otherwise, on account of any decrease or omission of any item or portion of Work to be done.
Whenever any change is made as provided for herein, such change shall be considered and treated as
though originally included in the Contract, and shall be subject to all terms, conditions and provisions
of the original Contract."
3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be
revised to read as follows:
"3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as
follows:"
"3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an
increase or decrease in a bid item quantity ofa unit price contract, the total amount of work actually
done or materials or equipment furnished shall'be paid for according to the unit price established for
such work under the Contract Documents, wherever such unit price has been established; provided,
that an adjustment in the Contract Unit Price may be made for changes which result in an increase or
decrease in the quantity of any unit price bid-item of the Work in excess of 25 percent, or for
eliminated items of work."
"3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit
price contract, should the total quantity of any item of work required under the Contract exceed the
Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such
estimate and not covered by an executed contract Change Order specifying the compensation to be
paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the
option of the Owner, payment for the work involved in such excess will be made as provided in
Paragraph 3-3.2, as amended in these Special Provisions."
"Such adjustment of the Contract Unit Price will be the difference between the Contract Unit
Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay
quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs
shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of
the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such
fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined
by the engineer in the same manner as if the work were to be paid for as extra work as provided in
GENERAL PROVISIONS - 9
Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to
by the Contractor and the Owner."
"When the compensation payable for the number of units of an item of work performed in
excess of 125 percent of the Engineer's Estimate is'.lcss than $5,000 at the applicable Contract Unit
Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that
an adjustment will be made if requested in writing by the Contractor."
"3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price
contracts, should the total pay quantity of any item of work required under the contract be less than
75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this
Section will not be made unless the Contractor so requests in writing. If the Contractor so requests,
the quantity of said item performed, unless covered by an executed contract change order specifying
the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter
provided, or at the option of the engineer, payment for the quantity of the work of such item
performed will be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2,
as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor.
and the Owner; provided, however, that in no case shall the payment for such work be less than that
which would be made at the Contract Unit Price."
"Such adjustment of the contract unit price will be the difference between the contract unit
price and the actual unit cost, which will be determined as hereinafter provided, of the total pay
quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in
the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as
amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and
the Owner."
"The payment for the total pay quantity of such item of work will in no case exceed the
payment which would be made for the performance of 75 percent of the Engineer's Estimate of the
quantity for such item at the original Contract Unit Price."
"3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should
any contract item of the work be eliminated in its entirety, in the absence of an executed contract
Change Order covering such elimination, payment will be made to the Contractor for actual costs
incurred in connection with such eliminated contract item if incurred prior to the date of notification
in writing by the Engineer of such elimination."
"If acceptable material is ordered by the Contractor for the eliminated item prior to the date of
notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it
will be paid for at the actual cost to the Contractor., In such case, the material paid for shall become
the property of the Owner and the actual cost of any further handling will be paid for by the Owner.
If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material
GENERAL PROVISIONS - 10
shall be returned and the Contractor will be paid for; the actual cost of charges made by the vendor for
returning the material. The actual cost ofhandling -returned material will be paid for."
"The actual costs or charges to be paid by the Owner to the Contractor as provided in this
Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as
provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as will be
as agreed to by the Contractor and the Owner."
3-3 EXTRA WORK
3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
"All extra work shall be adjusted daily upon report sheets furnished by the Contractor,
prepared by the City's Representative and signed by both parties. The daily report shall be considered
thereafter as the true record of extra work done. New and unforeseen work will be classed as extra
work only when said work is not covered and cannot be paid for under any of the various items or
combination of items for which a bid price appears ih the Bid Forms. The Contractor shall not do any
extra work, except upon written order from the City's Representative."
3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be
amended as follows:
3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning
of that Section:
"Extra work shall be paid for under written work order in accordance with the terms therein
provided. Generally, payment for extra work will be made at the unit price or lump sum previously
agreed upon between the Contractor and the City."
3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be
amended in its entirety to read as follows:
"(a) Work by Contractor. The following percentages shall be added to the Contractor's
costs and shall constitute the markup for all overhead and profit.
1)
2)
3)
4)
5)
6)
Labor
24 percent (includes bonding)
Materials 15 percent
Equipment rental 15 percent
Other items and expenditures 15 percent
Subcontracts (1st tier only) 5 percent
Lower tier subcontractors none
GENERAL PROVISIONS - 11
To the sum of the costs and markups provided for in this subsection, except for labor,
one percent shall be added as compensation for bonding."
3-6 EXISTING CONDITIONS.
Section 3-6 shall be added to the Standard Specifications as follows:
"Contractor shall have the sole responsibility for satisfying itself concerning the conditions,
nature and location of the Project and the Work to be performed, as well as the general and local
conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of
transportation, necessity for security, laws and codes, local permit requirements, wage scales, local
tax structure, contractors' licensing requirements, availability of required insurance, and other factors
that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for
understanding the facilities, difficulties and restrictions which may impact the total and adequate
completion of the Project. The failure of the Contractor to acquaint himself with all available
information regarding any applicable existing or future conditions shall not relieve him from the
responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and
adequately performing the Work according to the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 12
SECTION 4 CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety
to read as follows:
"It is the intent of the City in drafting the Contract Documents to accept only first-class work,
materials, parts, equipment and workmanship. All materials, parts and equipment furnished by
Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal
to samples when such samples are required. Used or secondhand materials, parts and equipment may
be used only if permitted by the Specifications. When the quality or kind of material or articles
required under the Contract are not particularly specified, the Contractor shall provide those
representing the best of their class or kind. Quality of Work shall be in strict accordance with
generally accepted standards. Material, parts, equipment and Work quality shall be subject to the
approval of the City's Representative. All materials, parts and equipment used and installed, and all
details of the Work done, shall at all times be subject to the supervision, test and approval of the
City's Representative. The City's Representative shall have access to the Work at all times during
construction, and shall be furnished with every reasonable facility for securing full knowledge with
regard to the progress, workmanship and character of the materials, parts and equipment used or
employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and
at such times as to ensure uninterrupted progress of the Work."
"All materials, parts, equipment or Work which are defective in their construction or deficient
in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or
removed and replaced by the Contractor in an acceptable manner, and no compensation will be
allowed for such correction work. Any Work done beyond the lines shown on the Plans or established
by the City's Representative, or any extra work done without written authority, will be considered
unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with
any order of the City's Representative made under the provisions of this Section, the City's
Representative shall have authority to cause such defective or unauthorized Work to be remedied or
removed and replaced, and to deduct the costs thereof from any moneys due or to become due the
Contractor. If the Work is found to be in compliance with these specifications, the City's
Representative will furnish the Contractor with a certificate to that effect."
4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"Contractor shall fully and adequately store and protect all materials, parts and equipment, as
required herein. Contractor shall be solely responsible for any and all damages or loss by weather or
any other cause to such materials, parts and equipment. The Contractor shall make good any and all
damages or loss to materials, parts and equipment."
GENERAL PROVISIONS - 13
"Until the final written acceptance of the Work by the City, the Contractor shall have the
charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the
action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make
good all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance, and shall bear the expense thereof, except for such injuries or damages
arising from the sole negligence or willful misconduct of the City, its officers, agents or employees.
In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for
all materials and the protection of Work already completed, and shall properly store and protect them,
if necessary. Contractor shall provide suitable drainage and erect temporary structures where
necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of
property in materials used after they have been attached or affixed to the Work or the soil upon City
real property. All such materials shall, upon being so attached or so affixed, become the property of
the City."
"Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage
valued in excess of five percent (5%) of the Contract Price if such damage was caused by an
earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public
Contract Code Section 7105. If provided for in the Contract Bid Fonns, however, Contractor shall
provide insurance to protect against such damages."
4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications
shall be amended to add the following at the end of that Section:
"Contractor shall immediately remove all rejected material from the Work or Site, and shall
not again return such material to the Site." .
4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the
Standard Specifications shall be amended in their entirety to read as follows:
"Whenever any particular material, process, or equipment is indicated by a patent, proprietary,
or brand name, or by the name of the manufacturer, such product shall be followed by the words "or
equal". A Contractor may offer any material, process, or equipment considered as equivalent to that
indicated, unless a sole source is specified. Failure of the Contractor to submit requests for
substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one
of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to
offer or use substitute materials, products, or equipment for that which was originally specified.
Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request
for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after
award of Contract."
"The burden of proof as to the comparative quality and suitability of alternative equipment or
materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning
items offered by it as equivalent to those specified. Such data shall include complete calculations,
GENERAL PROVISIONS - 14
technical specifications, samples, or published. documents relating to the performance and physical
characteristics of the proposed substitute. The Contractor shall have the material tested as required
by the City's Representative to determine that the quality, strength, physical, chemical or other
characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that
the item will completely and adequately fulfill its intended function."
4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as
follows:
"The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment,
for any traffic signing, striping, legends and traffic control facilities within 3 working days afier the
award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from
the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and
accepted by said vendor(s) within 15 working days from the date of said award of Contract."
4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard
Specifications to read as follows:
"The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and
obstructions of any character met during the process of excavation, it being understood that the cost
of said removals are made a part ofthe unit price bid by the Contractor under the item for excavation
or removal of existing Work."
4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.1 1 shall be added to
the Standard Specifications to read as follows:
"Any portions of curb, gutter, sidewalk or any other City improvement damaged by the
Contractor during the course of construction shall be replaced by the Contractor at his own cost, free
of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of
the estimated quantities shown in the Bid Fonns and Specifications and found necessary during the
process of construction (but not due to damage resulting from carelessness on the part of the
Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his
Bid."
4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the
Standard Specifications to read as follows:
"In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all
Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers
rather than area landfills. Contractor will be required to submit weight tickets and written proof of
diversion with its monthly progress payment requests. Contractor shall complete and execute any
certification forms required by Owner to document Contractor's compliance with these diversion
requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the
GENERAL PROVISIONS - 15
Contractor."
- END OF SECTION -
GENERAL PROVISIONS - 16
SECTION 5 UTILITIES
5-1 LOCATION
The provisions of Section 5-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Locations of existing utilities shown on the Plans are approximate and may not be complete.
Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum oft
working days prior to any excavation in the vicinity of any potentially existing underground facilities
in order to verify the location of all utilities prior to the commencement of the Work."
"The Contractor shall be responsible for coordinating its work with all utility companies
during the construction of the Work."
"The Plans identify the approximate locations of existing utilities that parallel or cross the
Work. These locations are based on the best information available to the Owner. The Contractor
shall verify these locations."
5-2 PROTECTION
The provisions of Section 5-2 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas
utility valves, and other subsurface structures shall be relocated or adjusted to grade by the
Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before
commencing the Work."
"If the Contractor, while performing the Contract, discovers utility facilities not identified by
the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public
agency and utility in writing."
"The public utility, where they are the owner, shall have the sole discretion to perform repairs
or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable
price."
"During construction of the Work, some of the existing utilities may fall within the prism of
trenches. if the existing utility does fall within the contractor-s trenches, the utility involved shall be
supported properly by the Contractor to the satisfaction of the utility owner. The method of support
of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the
utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such
exposure of any of the existing utilities."
GENERAL PROVISIONS - 17
5-5 DELAYS
The provisions of Section 5-5 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Notwithstanding anything to the contrary, the provisions of Articles I and 2 ofthe California
Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein.
In the event of any conflict between the Standard Specifications and Government Code Sections
4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor
should pay particular attention to the provisions of Section 4215 with regards to the relocation of
utilities, the costs thereof, delays caused thereby and the indication of service laterals and
appurtenances."
"The right is reserved to the owners of public utilities or franchises to enter upon the streets
for the purpose of making repairs or changes in their property which may be necessary as a result of
the Work. Employees of the City shall likewise have the privilege of entering upon the street for the
purpose of making any necessary repairs or replacements."
"Contractor shall employ and use only qualified persons, as hereinafter defined, to work in
proximity to Southern California Edison's secondary, primary and transition facilities. The term
"qualified person" shall mean one who, by reason of experience or instruction, is familiar with the
operation to be perfonned and the hazards involved, as more specifically defined in Section 2700 of
Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary
to assure compliance by all Subcontractors."
- END OF SECTION -
GENERAL PROVISIONS - 18
SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The second paragraph of Section 6-1 of the Standard Specifications shall be amended in its
entirety to read as follows:
"After the Contract has been approved by the Owner, and a written Notice to Proceed has
been issued to the Contractor, the Contractor shall start the Work within 10 working days after the
date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion
before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly
authorized extensions thereof"
The provisions of Section 6-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Notwithstanding anything to the contrary herein, the Contractor's proposed construction
schedule shall include the expected start and completion dates for all portions of the contract Work.
During a scheduling conference between the Contractor and the City's Representative, the work
schedule will be discussed and modified, if necessary, by mutual agreement. Should it become
necessary for the City to delay temporarily the construction schedule agreed upon during the
scheduling conference, every effort will be made to pennit a new construction schedule at the time
most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural
movement of the equipment. The Contractor shall notify the City's Representative in all such cases in
order to arrive at a mutually satisfactory schedule."
"Contractor's construction schedule shall be in a form provided for in the
Specifications. Contractor shall continuously update its construction schedule. Contractor
shall submit an updated and accurate construction schedule to the Owner whenever
specifically requested to do so by Owner and with each periodic payment request. Failure to
submit an updated and accurate construction schedule shall render Contractor in breach of
the Contract and shall entitle Owner to withhold money therefor."
6-3 SUSPENSION OF WORK.
6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be
amended to add the following at the end of that Section:
GENERAL PROVISIONS - 19
"The situations which will be deemed to be in the City's interest to suspend the Work shall
include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that
render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or
his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the
Contract; (3) when the Contractor fails or refuses to.supply an adequate working force for anyreason
whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4)
when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies
or equipment for any reason whatsoever (including, but not limited to, transportation problems,
strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to
commence Work within the time specified for any reason whatsoever (including, but not limited to,
transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the
Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles,
supplies or equipment for any reason whatsoever (including, but not limited to transportation
problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or
refuses to execute the Work in a manner and at such locations as specified in the Contract
Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure
the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract;
or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the
diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall
immediately comply with any written order from the City's Representative and shall not resume
operations until so ordered in writing."
6-4 DEFAULT BY CONTRACTOR.
The first, second and third full paragraphs of Section 6-4 ofthe Standard Specifications shall
be amended to read as follows:
"Ifthe Contractor should be in violation ofthe Contract, then the City may, without prejudice
to any other right or remedy and after giving notice as specified herein, terminate the Contract and
take all actions provided for herein and elsewhere in the Contract Documents. By way of example
and not as a limitation upon its right to terminate the Contract as provided herein, the City may
terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of
any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but
not lunited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2)
commence Work within the time specified for any reason whatsoever (including, but not limited to,
transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an
adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason
whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor
shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the
Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry
out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever
(including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other
respect prosecute the Work with the diligence, speed or force specified or intended by the terms of
GENERAL PROVISIONS - 20
the Contact."
"If the City determines that sufficient grounds exist to terminate the Contract as provided
herein, the City's Representative shall provide written notice to the Contractor and its surety on its
performance bond. If the Contractor or its surety does not fully comply with such notice within five
(5) days after receiving it, or fails to continue after starting to comply in good faith, the City may
exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof,
and take possession of and use, or cause to be used, all materials, tools and equipment of every
description as may be found at the place of such Work. Thereupon, the Contractor and its employees
and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and
the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any
part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City
out of any moneys then due or to become due the Contractor under the Contract. In such
accounting, the City shall not be held to obtain the lowest figure for the Work for completing the
Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall
be charged to the Contractor. In case the expenses so charged are less than a sum which would have
been payable under the Contract if the same had been completed by the Contractor, the Contractor
shall be entitled to receive the difference. In case such expense shall exceed the amount payable
under the Contract, then the Contractor shall pay the amount of the excess to the City upon
completion of the Work without further demand being made therefore. In the determination of the
question as to whether or not there has been any such noncompliance with the Contract as to warrant
the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to
the Contract."
6-8 COMPLETION AND ACCEPTANCE.
Section 6-8 of the Standard Specifications shall be amended in its entirety as follows:
"The Work will be inspected for acceptance by the City's Representative upon receipt ofthe
Contractor's written assertion that the Work has been completed. If, in the sole discretion of the
City's Representative, the Work has been completed and is ready for acceptance, the City's
Representative will notify the City Clerk that the Contract has been completed in its entirety. The
City's Representative shall request that the City accept the Work and that the City Clerk be
authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of
Completion of the Work. The date of completion shall be the date the Contractor is relieved from
responsibility to protect the Work."
"The Contractor hereby guarantees that the entire Work constructed by him under the
Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor
hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in
materials or workmanship that become evident within one (1) year after the date of the final payment,
and to restore to full compliance with the requirements of these Contract Documents, including any
test requirements set forth herein for any part of the Work constructed hereunder, which during said
GENERAL PROVISIONS - 21
one (l) year period is found to be deficient with respect to any provisions of the Contract Documents.
The Contractor shall make all repairs and replacements promptly upon receipt of written orders for
the same from the City's Representative. If the Contractor fails to make the repairs and replacements
promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for
the cost thereof."
"The guarantees and agreements set forth herein shall be secured by a surety bond which shall
be delivered by the Contractor to the City before the Notice of Completion and acceptance of the
Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a
surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%)
of the Contract. Said bond shall remain in force for a period of one (l) year after the date of Notice
of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful
Performance Bond furnished under the Contract to remain in force and effect for said amount until
the expiration of said one (1) year period."
"The parties agree that no certificate given, with the exception of the certificate of final
payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or
in part, and that no payment shall be construed to be in acceptance of any detective work or improper
materials. Further, the certificate of final payment shall not terminate the Contractor's obligations
under his warranty herein above. The Contractor agrees that payment of the amount due under the
Contract and the adjustments and payments due for any Work done in accordance with any alterations
of the same, shall release the City, the City Council and its officials, officers and employees from any
and all claims or liability on account ofwork performed under the Contract or any alteration thereof"
6-9 LIQUIDATED DAMAGES.
Section 6-9 ofthe Standard Specifications shall be amended in its entirety to read as follows:
"Contractor agrees that if the Work is not completed within the Contract Time and/or
pursuant to any completion schedule, construction schedule or project milestones developed pursuant
to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as
fixed and liquidated damages the sum specified in the Contract fonn for each and every calendar day
of delay beyond the Contract Time or beyond any completion schedule, construction schedule or
Project milestones established pursuant to the Contract. Liquidated damages maybe deducted from
any payments or other funds owing to Contractor, including progress payments, the final payment and
retentions."
6-11 TIMES OF OPERATION
Section 6-11 shall be added to the Standard Specifications to read as follows:
GENERAL PROVISIONS - 22
"9t shall be unlawful for any person to operate, permit, use, or cause to operate any of the
following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no
work allowed on Owner-observed holidays, unless otherwise approved by the Engineer:
Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools"
Contractor shall not perform any work prior 9:00 am on Northbound and 3:00 pm on
Southbound. The City Engineer can extend the time upon request, and, if he deems necessary
for the safety of the traffic of the public.
-END OF SECTION -
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Laws. The provisions of Section 7-2.2 of the Standard Specifications shall be
amended in their entirety as follows:
"The Contractor, its agents and employees shall be bound by and comply with applicable
provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding
anything to the contrary contained in the Contract Documents, Contractor shall comply with the
following:"
"7-2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory
evidence that he and all of his Subcontractors arc complying with all laws, rules and regulations with
respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all
necessary Social Security and other taxes are being properly reported and paid."
"7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required
to comply with the provisions of California Labor Code Section 1810 et sue. According to those
sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a
penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract
by the Contractor, or by any Subcontractor, for each calendar day during which such worker is
required or penmitted to work more than eight (8) hours in any calendar day or forty (40) hours in any
one (1) calendar week, except when payment for overtime is made at not less than one and one-half
(1-1/2) times the basic rate for that worker."
GENERAL PROVISIONS - 23
"7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and
Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper
licenses for perfonnance of this Contract. Contractors shall meet the California Contractor's license
requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate
licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions
Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance
with state law and pursuant to the requirements found in the Contract Documents to be
nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the
Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid
license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the
Contract."
"7-2.2.5 Non-Discrimination. Contractor shall not discriminate in the employment of
persons upon the Contract because of the race, creed, color, national origin, ancestry, non-
disqualifying disability, age, medical condition, marital status, sex or other classifications of such
persons protected by federal, state and local laws, rules and regulations. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or tennination. Contractor shall cause an
identical clause to be included in every subcontract for the contract work."
"7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the
California Labor Code, the Contractor shall pay travel and subsistence payments to each worker
needed to execute the Work, as such travel and subsistence payments are defined in the applicable
collective bargaining agreements tiled in accordance with law. To establish such travel and
subsistence payments, the representative of any craft, classification, or type of worker needed to
execute the Contract shall file with the Department, of Industrial Relations fully executed copies of
collective bargaining agreements for the particular craft, classification or type of work involved. Such
agreements shall be filed within 10 days after their execution and thereafter shall establish such travel
and subsistence payments whenever filed 30 days prior to the call for Bids."
7-3 PERMITS.
Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows:
"Unless indicated to the contrary in the Contract Documents, including the Special Provisions,
Contractor shall procure all permits and licenses (including a City business license), pay all charges
and fees, and give all notices necessary and incidental to the due and lawful prosecution ofthe Work."
7-8 PROJECT SITE MAINTENANCE.
7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard
Specifications shall be amended to add the following at the end of that Section:
GENERAL PROVISIONS - 24
"In addition, Contractor shall comply with all air pollution control rules, regulations,
ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt
shall be labeled to indicate that the contents fully comply with the applicable material requirements."
7-8.6 Water Pollution Control. The .-provisions of Section 7-8.6 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as
regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Pads 122-
124, the Porter-Cologne Act (California Water Code) and the Waste Discharge Requirements for
Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management
Practices (BMPs) are listed in the California Stone Water Best Management Practices Handbook for
Construction Activities."
WATER POLLUTION CONTROL
A. Water Quality Protection Requirements For Construction Projects With Less than 1-
Acre Of Disturbed Soil
All construction projects, regardless ofsize, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP)
to meet the minimum water quality protection requirements as defined in Table 2-1.
Table 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category
Minimum Requirements
BMPs
1. Sediment
Sediments generated on the project site shall be retained
Sediment
Control
using adequate Treatment Control or Structural BMPs.
Control
2.
Construction-related materials, wastes, spills or residues
Site
Constructio
shall be retained at the project site to avoid discharge to
Management;
n Materials
streets, drainage facilities, receiving waters, or adjacent
Material and
Control
properties by wind or runoff.
Waste
Non-storm water runoff from equipment and vehicle
Management
washing and any other activity shall be contained at the
project sites.
3. Erosion
Erosion from slopes and channels shall be controlled by
Erosion
Control
implementing an effective combination of BMPs, such as
Control
the limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
GENERAL PROVISIONS - 25
Please refer to the California Stormwater Quality Association's Construction Handbook
available for free on their website (wwiv.cabmphandbooks.com- Construction Handbook)
for further information regarding the BMPs listed in Table 2-1.
B. Water Quality Protection Requirements For Construction Projects With 1-Acre (or
greater) Of Disturbed Soil .
In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention
Plan (SWPPP) must be submitted to the City for all construction projects where at least l-
Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of
pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be
required for projects smaller than 1-Acre if the City designates the project a threat to water
quality objectives.
In addition, the contractor must contact the Los Angeles Regional Water Quality Control
Board (LARWQCB) if the project will disturb 1-Acre or more of soil. Construction activities
can not begin until a Waste discharger Identification (WDID) Number is issued by the State
Water Board. The 1-Acre threshold includes the total amount of land disturbance. For
example, if four streets, each 1/4-acre in size in different parts of the City are to be
reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI)
you must contact the Regional Board at:
Los Angeles Regional Water Quality Control Board
320 W. 4'h. Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576-6600; Fax: (213) 576-6640
Internet Address: http://www.swrcb.ca.gov/-rwgcb4
The SWPPP shall include:
• The name, location, period of construction, and a brief description of the project;
• Contact information for the owner and contractor;
• The building permit number for the project;
• The grading permit number for the project (where applicable)
• A list of major construction materials, wastes, and activities at the project site;
GENERAL PROVISIONS - 26
• A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
• A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
• Non-storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
• A maintenance and self-inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
• A certification statement that all required and selected BMPs will be effectively
implemented.
Within 7 days after the City has certified the contract, the Contractor shall submit two 2
copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days
of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the
document within 7 days of their receipt of the City's comments. The City shall then have 7
days to consider the revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at
the project site. The SWPPP shall be made available upon request ofa representative of the
Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to
the City.
C. Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably
affect the quality of storm water discharge associated with construction activities. The plan
will describe and ensure the implementation of Best Management Practices (BMPs) which
will be used to reduce pollutants in the storm water discharges from the construction site. A
Best Management Practice is defined as any program, technology, process, operating method,
measure, or device that controls, prevents, removes, or reduces pollution. The Contractor
shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal,
Industrial, New Development, and Construction Volumes (www.cabinphandbooks.com) in
conjunction with all activities and construction operations:
1. Construction Practices (NS2, NS3, NS4, and NS6)
2. Material and Waste Management (WMO1, WM02, and WM04)
3. Vehicle and Equipment Management (NS8, NS9, and NS10)
4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2)
5. Sediment Control Practices (SE 1, SE9, SE8, SE 10, SE3, and SE2)
GENERAL PROVISIONS - 27
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stormwater Quality Association
P.O. Box 2313
Livermore, CA 94551
www.cabmphandbooks.com
Los Angeles County DPW
Cashier's Office
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
D. Implementation
The Contractor will be responsible throughout the duration of the project for the installation,
monitoring, inspection and maintenance of the BMPs included in the SWPPP and for
removing and disposing of temporary BMPs. The Contractor maybe required to implement
additional BMPs as a result of changes in actual field conditions, contractor's activities, or
construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these S WPPP
control measures to protect soil-disturbed areas of the project site before the onset of
precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and
equipment to fully deploy these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be fully
protected at the end of each day with these control measures unless fair weather is predicted
through the following day. The Contractor shall monitor daily weather forecasts. If
precipitation is predicted prior to the end ofthe following workday, construction scheduling
shall be modified, as required, and the Contractor shall deploy functioning control measures
prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water
pollution if the Contractor fails to conform to the requirements of this section, "Water
Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for
SWPPP implementation shall continue throughout any temporary suspension of work.
E. Sewage Spill Prevention
The Contractor's attention is directed to the sewer bypass operation required during any
sewer construction (Standard Specification for Public Works Construction Section
500.1.2.4). . .
GENERAL PROVISIONS - 28
The Contractor shall exercise extraordinary care to prevent the cause of events that may lead
to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for
an emergency response unit comprised of emergency response equipment and trained
personnel to be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well
as recovering and properly disposing of raw sewage. In addition, the Contractor is
responsible for any fines, penalties and liabilities arising from. negligently causing a sewage
spill. Any utility that is damaged by the contractor shall be immediately repaired at the
Contractor's expense. The Contractor shall take all measures necessary to prevent further
damage or service interruption and to contain and clean up the sewage spills.
F. Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to the
following two (2) City Departments:
Public Works/ Engineering (626) 569-2150
Public Safety Department (626) 569-2292
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular
telephone numbers of City representatives such as Project Managers and Inspectors, to be
reached during emergency and off-hours.
The City will notify the following:
Los Angeles County Department of Health Services (213) 974-1234 _
Los Angeles County Department of Public Works (800) 303-0003
Regional Water Quality Control Board (213) 576-6665 or 6600
State Office of Emergency Services (800) 852-7550
(For any significant volume of material that entered the storm drain or receiving
water)
G. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report within three (3) working days from
the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe
the following information related to the spill:
The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
GENERAL PROVISIONS - 29
5. The type of remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
H. Enforcement
The City, as a pennittee, is subject to enforcement actions by the LARWQCB, U.S. EPA,
environmental groups and private citizens. The Contractor shall be responsible for all costs
and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the
requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities
include, but are not limited to fines, penalties and damages whether assessed against the City
or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor under this
contract shall be retained by the City until all costs and liabilities imposed by law against the
City or Contractor have been satisfied.
1. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control
measures and shall regularly inspect and maintain the construction site for the BMPs identified
in the SWPPP. The Contractor shall identify corrective actions and time frames in order to
properly address any damaged measure, or reinitiate any BMPs that have been discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control
measures, the deficiency shall be corrected by the Contractor immediately or by a later date
and time if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
J. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor,
materials, tools, equipment and all incidentals; and for doing all the work involved in
installing, constructing, maintaining, removing,-and disposing of control measures, except
those that were installed as a part of another structure, shall be included in the unit prices bid
for the various related items of work and no additional compensation will be made therefore.
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the
Standard Specifications to read as follows:
"The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances, including hours of operation requirements. No internal combustion engine shall be
operated on the Project without a muffler of the type recommended by the manufacturer. Should any
muffler or other control device sustain damage, the Contractor shall promptly remove the equipment
and shall not return said equipment to the job until the device is repaired or replaced. Said noise and
vibration level requirements shall apply to all equipment on the job or related to the job, including but
GENERAL PROVISIONS - 30
not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the
Contractor."
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the
beginning of the first full paragraph:
"In accordance with generally accepted construction practices, the Contractor shall be solely
and completely responsible for conditions of the job site, including the safety of all persons and
property in performance of the Work. This requirement shall apply continuously and shall not be
limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not
be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the
placement of guards; maintenance and operation of sufficient lights and signals; and all other
precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the
City's Representative or other City employee or agent to give general engineering supervision of the
Contractor's performance is not intended to include the review of the adequacy of the Contractor's
safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for
safety conditions on the Site."
Section 7-10.4.1 shall be amended also to add the following to the beginning of the second full
paragraph:
"Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and ifthe Work
governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth,
Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705,
regarding sheeting, shoring and bracing."
7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended
to add the following to the end of that Section:
"As required by Public Contract Code Section 7104, if this Contract involves digging trenches
or other excavations that extend deeper than four (4) feet below the surface, Contractor shall
promptly, and prior to disturbance of any conditions, notify City of. (1) any material discovered in
excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class
1, Class 11 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing
from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a change order is appropriate. In
the event ofa dispute, Contractor shall not be excused from any scheduled completion date and shall
GENERAL PROVISIONS - 31
proceed with all Work to be performed under the Contract, but shall retain all rights provided by the
Contract or by law for making protests and resolving the dispute."
7-11 PATENT FEES OR ROYALTIES.
Section 7-11 ofthe Standard Specifications shall be amended in its entirety to read as follows:
"The Contractor shall include in its bid amount the patent fees or royalties on any patented
article or process furnished or used in the Work. Contractor shall assume all liability and
responsibility arising from the use of any patented, or allegedly patented, materials, equipment,
devices or processes used in or incorporated with the work, and shall defend, indemnify and hold
harmless the City, its officials, officers, agents and employees from and against any and all liabilities,
demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from
such use."
7-13 LAWS TO BE OBSERVED.
Section 7-13 of the Standard Specifications shall be revised in its entirety to read as follows:
"The Contractor shall keep itself fully informed of all existing and future State, Federal and
local laws, rules and regulations, which in any manner affect those engaged or employed in the Work,
or the materials used in the Work, or which in any affect the conduct of the Work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The
Contractor shall at all times observe and comply with all such existing and future laws, rules,
ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the
Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification
provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents,
including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim
or liability arising from, or based on, the violation or alleged violation of any such law, rule,
ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall
particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct
of the Work, keeping open passageways and protecting the same where they are exposed or
dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If
any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract
for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor
shall forthwith report the same to the Engineer in writing."
7-15 INDEMNIFICATION.
Section 7-15 shall be added to the Standard Specifications as follows:
"Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
GENERAL PROVISIONS - 32
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to
property or persons, including wrongful death, to the extent arising out of or incident to any acts,
omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants
and contractors arising out of or in connection with the performance of the Work or this Contract,
including without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with
Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of
every kind that may be brought or instituted against City, its officials, officers, employees, volunteers
or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in
any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers,
employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. The only limitations on this
provision shall be those imposed by Civil Code Section 2782."
7-16 CONCRETE FORMS, FALSEWORK AND SHORING.
Section 7-16 shall be added to the Standard Specifications as follows:
"Contractor shall comply fully with the requirements of Section 1717 of the Construction
Safety Orders, State of California, Department of Industrial Relations, regarding the design of
concrete forms, falsework, and shoring, and the inspection of same prior to the placement of
concrete. Where Section 1717 requires the services of a civil engineer registered in the State of
California to approve design calculations and working drawings of the talsework or shoring system,
or to inspect such system prior to the placement of concrete, Contractor shall employ a registered
civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named
in the Contract for completion of the Work as set forth in the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 33
SECTION 9 MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK.
Section 9-2 ofthe Standard Specifications shall be amended to add the following at the end of
that Section:
"On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a
Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress
payments and which shall be incorporated into a form of Application for Payment acceptable to the
Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction
Conference and must meet the approval of the Engineer before any payments can be made to the
Contractor."
9-3 PAYMENT.
9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall be
deleted and replaced with the following two paragraphs:
"Contractor shall submit, with each of its billing invoices, a corrected list ofquantities, verified
by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of
the Work as fully complete, the Contractor shall submit to the City for approval a written statement
of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such
statement, the City's Representative shall check the quantities included therein and shall authorize the
Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair,
covering the amount and value of the total amount of Work done by the Contractor, less previous
payments, applicable withholdings and retentions."
"All retention proceeds shall be released and paid in strict accordance with Public Contract
Section 7107."
Section 9-3.1 of the Standard Specifications shall be amended to also add the following at the
end of that Section:
"Payment for the various items on tfie Contract Bid Forms, as further specified in the
Contract, shall include all compensation to be received by the Contractor for furnishing all tools,
equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals
appurtenant to the items of Work being described, as necessary to complete the various items of
Work, all in accordance with the provisions for Measurement and Payment in the Standard
Specifications and these General Conditions, and as shown on the Drawings, including all
appurtenances thereto. Compensation shall include all costs of compliance with the regulations of
public agencies having jurisdiction over the Work, including the Safety and Health Requirements of
the California Division of Industrial Safety and the Occupational Safety and Health Administration of
the U.S. Department of Labor (OSHA)."
GENERAL PROVISIONS - 34
"No separate payment will be made for any item that is not specifically set forth in the
Contract Bid Fonns, and all costs therefor shall be included in the prices named in the Contract Bid
Forms for the various appurtenant items of work."
9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be
amended to add the following at the end of that Section:.
"For purposes of this Section, the monthly payment date shall be the last calendar day of each
month. In order for the City to consider and prepare for each monthly payment, the Contractor shall
submit a detailed measurement of Work performed and a progress estimate of the value thereof
before the tenth (I Oth) day of the following month. The City shall review and make payment on all
approved charges within the time required by Public Contract Code Sections 20104.5 et SeMc
"Acceptance of any progress payment accompanying any estimate without written protest
shall be an acknowledgment by the Contractor that the number of accumulated contract days shown
on the associated statement of working days is correct. Progress payments made by the Owner to the
Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of
liquidated damages."
"Subject to the provisions of Section 22300 of the California Public Contract Code, a 10
percent retention will be withheld from each payment. All invoices and detailed pay requests shall be
approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to
the Engineer."
"Pursuant to Section 22300 of the California Public Contract Code, In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of securities for
any monies withheld by the City to ensure performance under the Contract. At the request and
expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the
City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion
of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the
beneficial owner of any securities substituted for monies withheld and shall receive any interest
thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by
the City."
"The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for
the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the
Contractor and all subcontractors and materialmen for all work and materials included in any prior
invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262.
Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the
Contractor's work, together with releases of lien from any subcontractor or materialmen."
- END OF SECTION
GENERAL PROVISIONS - 35
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
"PART B"
SUPPLIMENTAL
GENERAL CONDITIONS
SUPPLEMENTAL GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The work consists of demolition of the existing swimming pool, decking, fencing,
mechanical room and pool building. The construction of a new pool, pool
mechanical, pool decking, fencing, lighting, utilities and pool building. Construction
of a new site work, landscaping, slides, shade and associated equipment. Project
is located at 7933 Emerson Place, Rosemead, CA 91770, California.
10-1.2 Quantities - The estimate of quantities of work is approximate only, being given
as basis for the compilation of bids, and the City of Rosemead does not
expressly or by implication agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any class
or portion of the work or to omit portions of the work that may be deemed
necessary or expedient by the Engineer. In such case the contract unit price
shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard
Specifications.
All work incidental to this project, as described on the drawings and/or this
specification shall be considered as included within the scope of the work. The
bid prices submitted by the contractor shall include the cost of said incidentals,
even though such incidentals are not specifically mentioned in the preceding
description of work to be done or in the proposal form.
10-1.3 Equals - Whenever the names of specific products are designated in the details
appearing on the drawings or in the specifications, the intent is to state the
general type and quality of the products desired, without the intention of ruling
out the use of other products of equal type and quality. If the successful
contractor wishes to make substitutions of the products specified, he must make
an application in writing to the Engineer prior to the acceptance and installation
into the project with a complete description of the alternate products and a
statement with regard to the saving to the owner, if any, in case the substitution
would be permitted. The Engineer-will have the right to make the final decision in
these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable
to the Engineer, in lieu of the requested substitutions.
10-1.4 Installation of Equipment - All materials and workmanship shall be in
accordance with the manufacturer's specifications and instructions.
SUPPLEMENTAL GCs-2
10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the
Standard Specifications with the following special conditions:
a. Beginning and Completion of Work: The contract time allowed for
completion of the project is TWO HUNDRED AND TEN (210) calendar
days. Work on this project, shall commence no later than ten (10) days
from the date of Notice to Proceed.
b. The contractor shall submit to the Engineer a time schedule of work for the
various sequences of the major operations. Said schedule shall be
submitted at least 5 working days prior to the beginning of work and shall
be subject to the approval of the Engineer.
C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m.
with no work on Saturdays, Sundays, Holidays, and alternate Fridays in
which City Hall is closed. Except when authorized by the Director of
Public Works or City Engineer.
d. Inspection: The City shall provide inspection for an 8-hour day for normal
working days. The City will deduct from the contractor's invoice an
amount equal to $65 per hour for inspection in excess of the foregoing,
including legal holidays, City Hall closed Fridays, and weekends.
e. Weight master certificates are source documents and it is the contractor's
responsibility to collect the material tickets from the drivers at the delivery
point, sign and date them and submit to the City Inspector.
f. Contractor shall notify all property owners within the project limits of all
activities; written notification shall be delivered to properties at least forty-
eight (48) hours in advance of any activity.
g. The contractor and all subcontractors shall attend a pre-construction
meeting at the time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain a Rosemead Business
License prior to the start of work.
SUPPLEMENTAL GCs-3
10-3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Construction
Specification Institute (CSI) Master Format 2004."
In case of conflict between the Standard Specifications and the Special
Provisions, the Special Provisions shall take precedence over and be used in lieu
of such conflicting portions.
10-4 CONSTRUCTION YARD
It shall be the contractor's responsibility to locate any storage sites for materials
and equipment needed, and such sites must be approved in advance by the City
Engineer. When storage sites are located on private properties, the contractor
shall be required to submit to the City Engineer written approval from the record
owner authorizing the use of his property by the contractor, and contractor shall
bear all the cost involved, and provide necessary insurance requirements. If
contractor chose one of the City owned.
The contractor accepts sole liability for the yard during the time, which it is
occupied. The contractor agrees to indemnify and hold harmless the City and
ARA during the period which the contractor occupies the site. The yard shall be
fenced with City-approved temporary chain link fence and gate(s). The yard shall
be secured at all times. The Contractor shall be responsible for required utilities,
if available.
The Contractor shall store all materials in a manner, which complies with
manufacturer's recommendations and/or legal requirements.
The yard shall be maintained in a manner consistent with surrounding properties.
After the project is constructed, the Contractor shall move off of the yard and
return the yard to a condition similar to before he moved on the yard.
In order to assure these requirements are met, the Contractor shall have an
independently prepared environmental report prepared prior to Contractor
mobilization and after final cleanup.,
Contractor and all subcontractors shall not be permitted to place any signage or
advertising signs on the site unless city's written approval is obtained.
10-5 UTILITIES
The contractor will obtain the locations of underground facilities from the utility
companies at least twenty-four (24) hours prior to commencing construction in
such areas. At all time the contractor shall be responsible for the protection of
SUPPLEMENTAL GCs-4
such facilities and shall be held liable for damage to utilities during construction.
The contractor is responsible to call Underground Service Alert at (800) 422-
4133 at least 72 hours prior to commencing any work.
10-6 CONSTRUCTION WATER
It shall be the responsibility of the contractor to furnish an adequate supply of
water for construction use.
10-7 AIR AND WATER POLLUTION
The Contractor shall be required to conform to all current regulations of the South
Coast Air Quality Management District. The Contractor shall also conform to
Section 402(p) of the 1972 Clean Water Act which establishes a framework for
the regulation of municipal, industrial and construction stormwater discharges
under the National Pollutant Discharge Elimination System (NPDES) program.
10-8 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all
hazardous materials which are brought on site by the Contractor. A MSDS is
required for any product which may contain hazardous materials. The contractor
must alert the City Engineer of the quantity and type of hazardous material which
will be brought on site. The MSDS sheets must be submitted to the City
Engineer at least two (2) business days prior to starting work. The City Engineer
may require the City Safety Officer or his designee to review the MSDS for
approval of use.
The contractor shall be responsible for. notifying Underground Service Alert (800)
422-4133 and all utility companies-having substructures within the limits of the
job. This shall be done at least 72 hours prior to commencing construction.
10-9 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of
section 7-10 of the Standard Specifications. Traffic Control shall comply with the
Work Area Traffic Control Handbook of the American Public Works Association
(WATCH Manual), latest edition.
After award of the contract, the contractor shall submit to the Engineer his
proposed schedules for lane closing and his methods of traffic control to comply
with the requirements specified herein below. This submittal shall be made
sufficiently in advance of any rerouting or diversion of traffic by the contractor to
allow for a review of the contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to
maintain the required number of lanes, shall be directed in such a manner that
SUPPLEMENTAL GCs-5
traffic may move smoothly across the work without any sudden changes from
one lane to another. Toward this end the minimum taper allowed for detouring
the traffic from one lane to another shall be 20:1.
The contractor shall provide, throughout the period of construction, all signs
which may be deemed necessary for_the safe and orderly conduct of vehicular
traffic as directed by the Engineer. All barricades used as warning and guiding
devices shall bear the name of the contractor in legible letters. Flashing arrow
board(s) shall be required throughout the construction period.
Traffic lanes shall have a minimum width of twelve (12) feet and minimum
clearance of two (2) feet from curbs, poles and similar obstructions, and two (2)
feet from any excavation, unless otherwise specified. One lane shall be
maintained at all times.
Transitions of differential road surfaces shall be maintained according to SSPWC
sect.
Spillage resulting from hauling operations along any public traveled way shall be
removed immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access the existing driveways. Contractor will close only
one driveway at any time to properties, having more than one driveway.
10-10 PAYMENT
Payment shall be made in accordance with Section 9 of the Standard
Specifications. Payment will be made at the lump sum prices or unit prices as
stipulated in the Bid Proposal and will include full compensation for furnishing all
labor materials, tools and equipment and doing all the work involved in
completion of the bid items. 10% retention will be paid 35 days after City
Council's acceptance.
10-11 SURVEY MONUMENTS
See Section 2-9 Surveying of the General Provisions Page - 7.
10-12 CLEAN-UP
Upon completion of the work and before the final estimate is submitted, the
Contractor shall, at his own expense, remove from the vicinity of the work all
plant, buildings, rubbish, unused materials, concrete forms and other materials or
equipment belonging to or used by him or any subcontractor on the work. In the
SUPPLEMENTAL GCs-6
10-13 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work
constructed by him under this contract will meet fully all requirements thereof as
to quality of workmanship and of materials furnished by him. The contractor
hereby agrees to make at his own expense any repairs or replacements made
necessary by defects in materials or workmanship supplied by him that becomes
evident within the time specified after filing of the Notice of Completion of the
work by the Engineer, and to restore to full compliance with the requirements of
these specifications, including the test requirements set forth herein for any part
of the work constructed hereunder, which during said period is found to be
deficient with respect to any provision of the specifications. The contractor also
agrees to defend, indemnify and hold the Owner, its officers and employees,
harmless from claims of any kind arising from damage due to said defects. The
contractor shall make all repairs' and replacements promptly upon receipt of
written orders for same from the Engineer. If the contractor fails to make the
repairs and replacements promptly, the owner may doe the work and the
contractor and his surety shall be liable to the owner for the cost thereof.
Upon termination of the Contractor's guarantee any manufacturers' guarantees
held by him shall be delivered to the owner.
The guarantees and agreements set forth in Subsection (a) hereof shall be
secured by a surety bond which shall be delivered by the Contractor to the
Owner before the notice of completion shall be filed by the Development
Services Director. Said bond shall be in an approved form and executed by a
surety company or companies satisfactory to the owner, in the amount of ten
percent (10%) of the contract price. Said bond shall remain in force for a period
of one year from the date of filing of the Notice of Completion. Instead of
providing a surety bond, the contractor may, at his option, provide for the Faithful
Performance Bond furnished under the contract to remain in force for said
amount until the expiration of the required period.
10-14 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and
representatives of the owner employed on the work. Such facilities shall be
subject to the acceptance of the owner as to location and type. The contractor
shall maintain the same in sanitary condition from the beginning of the work until
completion and then shall remove the facilities and disinfect the premises if
SUPPLEMENTAL GCs-7
necessary. The contractor shall be responsible for alleviating all dust and
nuisance conditions occasioned by his work.
Each day, at the completion of the day's work, the entire trench area and
adjacent streets shall be swept and cleaned to the satisfaction of the City
Engineer or his appointed representative. The contractor shall cover all storm
drain catch basins during excavation and sweeping operations to prevent
excavated materials from entering the catch basins.
SUPPLEMENTAL GCs-8
CITY OF ROSEMEAD
GARVEY PARK AQUATIC FACILITY
PROJECT No. P53129
"PART C"
PROJECT MANUAL
CITY OF.ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
FISCAL YEAR 2010-2011
IN THE CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2152 FAX: (626) 307-9218
SCHEDULED BID OPENING: TBD
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT NO.
P53251
TABLE OF CONTENTS
BIDDING DOCUMENTS
1. Notice Inviting Bids ...........................................................NIB-1 -NIB-2
2. Instructions to Bidders ITB-l - ITB-10
3. Contract Bid Forms ............................................................CBF-1 -CBF-1 I
CONTRACT AGREEMENT
1. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part "A" - General Provisions ...............................................1-31
Part "B" - Supplemental General Conditions ............................1-7
Part "C" - Project Manual
CITY OF ROSEMEAD
NOTICE INVITING BIDS
PROJECT No. P53251
NOTICE IS HEREBY GIVEN that-,the CITY OF ROSEMEAD, California, will receive
sealed bids up to (Insert Date and Time)
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
Contractor must submit three (3) complete copies of their proposal as indicated above. Successful
lowest bidder assiyned to this project will have to submit four (4) additional complete copies of
their proposals.
The project consists of demolition of the existing swimming pool, decking, fencing, mechanical room, and
pool building; and the construction of a new pool, pool mechanical, pool decking, fencing, lighting, utilities
and pool building; and, construction of new site work, landscaping, solar, shade and associated equipment.
Project is located at 9155 E. Mission Drive, Rosemead, California.
The engineer's estimate for this project is $6,520,000. The successful bidder shall have two
hundred and ten (210) calendar days to complete the work. Liquidated damages shall be $2,000.00
per working day.
Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of
the CITY OF ROSEMEAD, 8838 E. Valley; Boulevard, Rosemead, California 91770, (626) 569-
2177, for a non-refundable charge of $100.00 and $125.00 if mailing is requested.
Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount
of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory
agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the
total amount of the bid price.
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening
date.
The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, disability, sex or national origin in the consideration for an
award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor
Code. Compliance with the prevailing rates of:wage and apprenticeship employment standards
established by the State Director of Industrial Relations will be required. Copies of prevailing wage
rates are on file and are available for inspection in the office of the City Clerk, 8838 East Valley
Boulevard, Rosemead, CA 91770. :
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 1 I 1 of the
Business and Professions Code of the State of California. Bidder shall have a Class "B and/or C-
53"license in good standing at the time Bids.are received; all of the work in sections 13151-13158
NIB- 1
is to be the responsibility of one experienced swimming pool subcontractor primarily engaged in the
construction of commercial public-use swimming pools. A swimming pool subcontractor shall be
considered primarily engaged as required herein- if the subcontractor derived 50% of its annual
revenue from public-use swimming pool construction for each of the last five years. The
subcontractor must have also, in the last five years, constructed at least five (5) commercially
designed municipal and public-use swimming pools, each of which shall have incorporated a
minimum size of 6,000 square feet of water surface area with a concrete and ceramic tile perimeter
overflow gutter and self-modulating balance tank.
The Council reserves the right to reject any and all bids and to waive any informality, technical
defect, or minor irregularity in any bid submitted.
An award of service shall not be final until the bids have been reviewed and a Contract Agreement
with the City has been signed by the lowest responsible bidder and by the City.
Award of Service Agreement is proposed for October, 2010.
Dated this 2010.
GLORIA MOLLEDA
CITY CLERK
Publish: September , 2010.
NIB- 2
CITY of ROSEMEAD
ROSEMEAD PARK AQUATIC FACILTY
PROJECT No. P53251
INSTRUCTION TO BIDDERS
INSTRUCTIONS TO BIDDERS
All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically
noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the
Contract Appendix. All terns defined in the General Conditions which occur in the Bid Documents
and Contract shall have meanings as defined therein.
1. AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package
for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid
Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the
Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the
availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the
Notice Inviting Bids.
The Owner may also make the Bid Documents available for review at one or more plan rooms, as
indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid
Documents at a plan room must contact the Owner to purchase the required Bid Documents if they
decide to submit a bid for the Project.
2. EXAMINATION OF BID DOCUMENTS
The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be
solely responsible for examining the Project Site and the Bid Documents, including any Addenda
issued during the bidding period, and for informing itself with respect to local labor availability, means
of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local
tax structure, contractors' licensing requirements, availability of required insurance, and other factors
that could affect the Work. Bidders are responsible for consulting the standards referenced in the
Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole
risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted in writing
by Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the
Owner may choose to make for purposes of interpretation or clarification, will be in writing and made
available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed
Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for
which, in its solejudgment, a response is in the best interest of the Owner. Where such interpretation
or clarification requires a change in the Bid Documents, the Owner will prepare and issue an
Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon,
any oral interpretation or clarification of the Bid Documents.
ITB - 1
The bidding process and terms and conditions will be in strict accordance with the following Bid
Documents:
a.
Notice Inviting Bids
b.
Instructions to Bidders
C.
Contract Bid Forms
d.
Contract
e.
Contract Appendix
Part "A" General Conditions
Part "B" Supplementary General Conditions
Part "C" Project Manual
f. Any Addenda Issued by the Owner
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
Each prospective bidder is responsible for fully acquainting himselfwith the conditions ofthe Project
Site (which may include more than one site), as well as those relating to the construction and labor of
the Project, to fully understand the facilities, difficulties and restrictions which may impact the total
and adequate completion of the Project.
5. ADDENDA
The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if
any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the
Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the
Addendum requires material changes, additions or deletions to the description of the work to be
performed or the content, form or manner ofsubmiesion of bids, the Owner will extend the deadline
for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole
discretion, whether an Addendum requires that the date set for opening bids be postponed. The
announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall
provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent,
as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will
be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of
delivery without charge to all parties who have obtained a copy of the Bid Documents and provided
such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring
that they have received any and all Addenda. To this end, each Bidder should contact the
Development Services Department to verify that he has received all Addenda issued, if any.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge
receipt of all Addenda may cause its Bid to be`deemed incomplete and nonresponsive.
iTB -~2
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid
Documents. The use of substitute bid forms other than clear and correct photocopies of those
provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive.
Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders.
In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and
initial all interlincat ions, alterations, or erasures to the Contract Bid Forms. Bidders shall neither
delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions
thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED.
7. ALTERNATE BIDS
If alternate bid items are called for in the Bid'Documents, the lowest bid will be determined on
the basis of the base bid only, but the Owner may choose to award the contract on the basis of
the base bid alone or the base bid and any alternate or combination of alternates. Since the
time for the alternate bid items has already been factored into the Contract Time, no additional
Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to
include one or more of the alternate bid items, or to otherwise remove certain bid items from the
Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of
profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not
unevenly weight or allocate their overhead and profit to one or more particular bid items.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conf~nnity with the requirements of the Bid Documents.
Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed
envelope in accordance with the instructions herein.
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it
nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the
printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC
AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be
asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a
Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each
Bid and to any Contract arising therefrom.
'TB - 3
:Y.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of
Attorney executed by each joint venturer or,partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that
joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that
particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2)
provide that each venturer or partner shall be jointly and severally liable for any and all of the duties
and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid
shall be executed by the designated joint venturer or partner on behalf of the joint venture or
partnership in its legal name.
10. BID GUARANTEE (BOND)
Each bid proposal shall be accompanied by cash, a certified or cashier's check, bid bond (the bid bond
must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of
a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of
the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and
shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid
Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond,
the required insurance certificates and endorsements, and any other certifications as maybe required
by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if
awarded the work or to provide the Bonds and other information or documentation described above
would result in damage to the Owner, and thzt it would be impracticable or extremely difficult to
ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may
retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or
refuses to timely enter into the Contract or to provide the Bonds and other information or .
documentation described above, except as may otherwise be required by California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do
business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond
must be submitted on the form furnished by the Owner, or one substantially in conformance with the
Owner's form if previously approved in writing by the Owner.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch ofa solvent
national bank.
After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract,
submitted the necessary bonds, original insurance certificates and endorsements, and any other
certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to
each particular bidder if requested by that bidden. If the Owner rejects all Bids, it will promptly return
to all Bidders their Bid guarantees
11. SUBMISSION OF SEALED BIDS
iTB - 4
Once the Bid and supporting documents herein have been completed and signed as set forth above,
they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other
materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed,
postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice
Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED.
The envelope shall also contain the following in the lower left-hand corner thereof
Bid of (Insert Name of the Company)
for ROSEMEAD PARK AQUATIC FACILITY.
No consideration shall be given by the Owner to bid proposals received after the date and time set for
the opening of bids as provided in the Notice Inviting Bids.
12. DELIVERY AND OPENING OF BIDS
Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date
and time shown therein. The Owner will leave unopened any Bid received after the specified date and
time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility
to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and
time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount ofeach Bid
will be read aloud and recorded. All Bidders rriay, if they desire, attend the opening of Bids. Owner
reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received
where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the
respective Bids received. In the event ofa discrepancy between the written amount of the Bid Price
and the numerical amount of the Bid Price, the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request
signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is
made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements
required below within the time specified in these Instructions to Bidders below, the funds represented
by the Bid Guarantee (cash, cashiers check cr Bid bond described above) shall be forfeited and
become and remain the property of the Owner; the amount thereofbeing previously agreed to by the
Bidder and the surety to be due the Owner because of the damage resulting from the delay in the
execution of the Contract and in the performance of Work thereunder.
14. AWARD PROCESS
!TB-5
Once all Bids are opened and reviewed to deteimine the lowest responsive and responsible bidder, the
City Council will make all necessary decisions and awards. The apparent successful bidder should at
this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment
Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice
of Award, the successful bidder will have seven (7) Working Days from the date of this letter to
supply the Owner with all of the required documents and certifications. Regardless whether the
successful bidder supplies the required documents and certifications in a timely manner, the Contract
Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the
Owner receives all of the properly drafted and executed documents and certifications from the
successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder.
15. DESIGNATION OF SUBCONTRACTORS
Pursuant to state law, the Bidders must designate the name and location of each subcontractor who
will perform work or render services for the prime Bidder in an amount that exceeds one-half ofone
percent (0.5%) of the Bidder's Total Bid Price; as well as the portion of work each such
subcontractor will perform. Bidders must make these designations, as well as any others requested by
the Owner, on the document titled "List of Propose Subcontractors" which has been included with
the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined
that it will allow Bidders twenty-four (24) additional hours after the deadline for submission ofbids to
submit the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
16. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public
Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to
Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by
a contractor not currently licensed in accordance with state law and pursuant to the requirements
found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall
have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence
satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's
subcontractors, before awarding the Contract.
17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a
person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has
quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or
quoting prices to other bidders submitting a bid to the Owner.
18. INSURANCE REQUIREMENTS
ITB - 6
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with
four identical counterparts of all required insurance certificates and endorsements as specified in the
Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the
Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VIII, licensed to do business in California, and satisfactory to the Owner.
19. REQUIRED BIDDER CERTIFICATIONS
Bidders must comply with the following:
A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must
certify to various information, including but noi'limited to, the accuracy of the representations made
in the Contract Bid Forms .
B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106,
each Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit
included in the Bid Documents.
20. BASIS OF AWARD; BALANCED BIDS
The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids,
as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any
Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates,
does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect
to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion,
each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and
other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-
responsive any bid which unevenly weights or allocates overhead and profit to one or more particular
bid items.
21. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a
Bidder's protest to be considered valid, the protest must:
A. Be filed in writing within five (5) Working Days after the bid opening date.
B. Clearly identify the specific accusation involved.
C. Clearly identify the specific Owner Staff/Board recommendation being protested.
D. Specify, in detail, the grounds of the protest and the facts supporting the protest.
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each and every one of these requirements, it will be rejected as
ITB - 7
invalid.
If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall
review the basis of the protest and all relevant information. The Project Engineer will deny or concur
with the protest and provide a written decision to the protestor. The protestor may then appeal the
decision of the Project engineer to the City Engineer.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is
awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment
Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in
the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the
bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120,
authorized to do business as such in the State of California and satisfactory to the Owner.
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the
Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price.
Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing
labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply
Payment and Performance Bonds in the amounts and manner required of the Contractor. The
Contractor shall specify this requirement for subcontractor bonds in his written or published request
for subcontractor bids
23. EXPERIENCE AND TECHNICAL=REQUIREMENTS
Bidders are required to provide the experience and'qualification information required as part of the
Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner
to determine whether Bidders have the necessary experience in order to responsibly carry out the
Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid
Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay
California sales and other applicable taxes, and to pay for permits, licenses and fees required by the
agencies with authority in the jurisdiction in which the work will be located, unless otherwise
expressly provided by the Bid Documents.
25. EXECUTION OF CONTRACT
The Bidder to whom an award is made shall execute the Contract in the amount ofits Total Bid Price
ITB -.8
and furnish the required insurance certificates and endorsements, as well as Performance and Payment
Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing
the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do
so.
26. OWNER RIGHTS
The Owner may investigate the qualifications of any Bidder under consideration, require confirmation
of information furnished by a Bidder, and require additional evidence of qualifications to perform the
work described in these Bid Documents. The Owner reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the Owner.
B. Issue subsequent Notices Inviting Bids.
C. Cancel this entire Notice Inviting Bids.
D. Appoint evaluation committees to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the
Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a
contract.
27. BIDDER'S RESPONSIVENESS
The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is
made. A Bid must be in strict compliance with the commercial and technical specifications, without
exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for
award. A Bid not meeting the requirements of the responsiveness checklist may be rejected
immediately upon opening, and returned to the Bidder's representative.
28. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
A. Completed and properly executed Bid Letter (Including a completed Total Bid Price,
completed Bid Bond amount, acknowledged addenda, completed state of incorporation or
partner/joint venturer information (if applicable), completed license number, and signature by
authorized company officer);
B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10%
of the Total Bid Price and a completed List of Proposed Subcontractors);
ITB-9
C. Properly executed Non-Collusion Affidavit; and
D. Completed and properly executed Bidder Information Forms.
If the Bidder is ajoint venture, each joint venturer shall prepare and submit a separate form. Extra
forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary.
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
A. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below.
(1) The. Contract Bid Forms and Letter must be prepared using ink, indelible
pencil or a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or
persons having the authority to do so. Proof of the authority to act on behalf
of the firm must be submitted when requested. The proof shall be in the form
of a certified copy of an appropriate corporate resolution, certificate of
partnership or joint venture,:or other appropriate document. If Bidder is an
entity made up of multiple parties and no person or persons are designated to
act on its behalf, all parries shall execute the Bid.
(3) Addenda - Receipt of addenda must be acknowledged in the space provided in
the Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions thereof,
on the printed matter of the Contract Bid Fonrns or Bid Letter.
(5) Corrections shall be initialed by the person who signs the Bid Letter.
(6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as
altering the requirements, offhe specifications or the terms and conditions of
the Contract will render the Bid nonresponsive and disqualify the Bidder from
consideration for award.
B. List of Proposed Subcontractors (Forms).
State law prohibits substitution of subcontractors listed in the original Bid except as otherwise
provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are
required to list all Subcontractors whose participation in the Contract will exceed one-half of
ITB - 10
one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must
be completed as set forth below.
(1) Name. List the name of Subcontractors who will perform work in excess of
one half of one percent (0.5%)ofthe Total Bid Price.
(2) Location. For listed Subcontractors, identify the location of its place of
business (City and State).
(3) Work. For listed Subcontractors, identify the type/portion of work to be
performed in the Contract.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the
information requested by the Owner about each subcontractor, other than the name and location of
each subcontractor.
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements
of the Contract. The Owner reserves the right to consider the financial responsibility and general
competency of each bidder, as well as its reputation within the industry. Owner may request, and
apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's
latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully
disclose all infonmation required of the Bidder by the Bid Documents. The prospective contractor, in
order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the
Contract Bid Fonns to detennine that it:
A. Has or can secure adequate financial resources to perform the contract;
B. Is able to meet the performance or delivery schedule of the contract, taking
into consideration other business commitments; and
C. Has a satisfactory record of performance. A contractor seriously deficient in
current contract performance, considering the number of contracts and extent
of the deficiencies, is presumed not to meet this requirement unless the
deficiencies are beyond its control or there is evidence to establish its
responsibility notwithstanding the deficiencies. Evidence of such satisfactory
performance record should show that the contractor:
(1) Has a satisfactory record of integrity in its dealings with government agencies
and with subcontractors, and is otherwise qualified to receive an award under
ITB - 11
applicable laws and regulations;
(2) Has the necessary organization, experience, satisfactory safety record,
accounting and operational controls and technical skills or the ability to obtain
them; and
(3) Has the necessary production, construction, and technical equipment and
facilities or the ability to obtain them.
END OF INSTRUCTIONS TO BIDDERS
ITB - 12
TABLE OF CONTENTS
Page
I.
AVAILABILITY OF BID DOCUMENTS
1
2.
EXAMINATION OF BID DOCUMENTS
1
3.
INTERPRETATION OF BID DOCUMENTS
...1
4.
INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
...2
5.
ADDENDA
...2
6.
PREPARATION OF BIDS
...2
7.
ALTERNATE BIDS
...3
8.
MODIFICATIONS OF BIDS
...3
9.
SIGNING OF BIDS
...3
10.
BID GUARANTEE (BOND)
...4
11.
SUBMISSION OF SEALED BIDS
...4
12.
DELIVERY AND OPENING OF BIDS
...5
13.
WITHDRAWAL OF BID
...5
14.
AWARD PROCESS
...5
15.
DESIGNATION OF SUBCONTRACTORS
...5
16.
LICENSING REQUIREMENTS
...6
17.
DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID........
6
18.
INSURANCE REQUIREMENTS
...6
19.
REQUIRED BIDDER CERTIFICATIONS
...6
20.
BASIS OF AWARD; BALANCED BIDS
...6
21.
FILING OF BID PROTESTS
...7
22.
PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
...7
23.
EXPERIENCE AND TECHNICAL REQUIREMENTS
...7
24.
SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
8
25.
EXECUTION OF CONTRACT
...8
26.
OWNER RIGHTS
...8
ITB - i
27. BIDDER'S RESPONSIVENESS .....................................................................................8
28. BIDDER'S RESPONSIVENESS CHECKLIST ...............................................................8
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS .......................................9
30. RESPONSIBILITY CRITERIA 10
!TB - ii
CITY OF=ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
CONTRACT BID FORMS
CONTRACT BID FORMS
TABLE OF CONTENTS
SECTION I BID SCHEDULE I
SECTION 2 BID DATA FORMS .............................................................................................6
2.A BID BOND ..........................................................................................................7
2.13 LIST OF PROPOSED SUBCONTRACTORS .....................................................8
SECTION 3 NON-COLLUSION AFFIDAVIT 12
SECTION I - BID SCHEDULE
BIDDER:
BID SCHEDULE
SCHEDULE OF PRICES FOR
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
BASE BID SCHEDULE
NO.
ITEM DESCRIPTION
UNITOF
MEASURE
EST.
QTY.
UNIT
PRICE
ITEM
COST
1
General Conditions
LS
1
2
Demolition
LS
1
3
Engineered Fill
CY
4,000
4
Pool Decks
SF
21,400
5
Deck Drainage
LF
560
6
Concrete Walkways
SF
6,000
7
Landscape & Irrigation
SF
6,000
8
Perimeter Fencing
LF
900
9
Site Lighting Fixtures
EA
10
10
Pilasters
EA
25
11
Domestic Water
LF
100
CBF-1
BIDDER:
12
Backflow Preventer
EA
1
13
Sanitary Sewer
LF
120
14
Storm Sewer
LF
300
15
Natural Gas
LF
120
16
Electrical Conduit
LF
200
17
Bathhouse Building
SF
4,471
18
Swimming Pool
SF
11,154
19
Timing System/Scoreboard
LS
1
20
Competition Equipment
LS
1
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$
Dollar amount in written form
CSF-2
BIDDER:
ALTERNATE BID ITEM I
NO
ITEM DESCRIPTION
UNIT OF
EST.
UNIT
ITEM
.
MEASURE
QTY.
PRICE
COST
21
Bleachers
EA
8
22
Shade Structures
SP
8,300
23
Solar System
SF
7,200
TOTAL ALTERNATE BID ITEM #1 PRICE
Dollar amount in written form
TOTAL BASE BID PRICE INCLUDING ALTERNATE BID ITEM #1
Dollar amount in written form
Note: The City of Rosemead reserves the right to reduce or increase the quantities ofany items in the
schedule ofbid items above, within the limits define in Section 3-2.2.1 ofthe Standard Specifications,
to stay within the budgeted amount of this project.
If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be
added to or deducted from the Total Bid Price entered above. The owner can choose to include
one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids
are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the
Project.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and
after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third
party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the
written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall
govern.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
Dollars said amount being not less than ten percent (10%) of the Total
Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award,
CBF-3
BIDDER:
we fail or refuse to execute the Contract and furnish the required bonds, certificates and
endorsements of insurance and other certifications within the time provided.
Ifawarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared
by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the
Contract, and will deliver to the Owner within that same period the necessary original Certificates of
Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other
documentation and certification required by the Contract.
The undersigned otters and agrees that if this bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 ofthe Business
and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at
the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence
that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting
therefrom; and (3) any other information and documentation, financial orotherwise, needed by Owner
to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and
subject to the terms and conditions described in the Contract Form and the Contract Documents.
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
The undersigned acknowledges receipt, understanding and full consideration ofthe following addenda
to the Contract Documents.
Addenda Nos.
The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and
equipment or supplies necessary to complete the Work as described in the Bid Documents. Ifthis bid
is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary
bonds and accept the Total Bid Price as compensation in full for all Work under the contract.
CBF-4
131DDER:
By:
Signature Business Street Address
Type or Print Name City, State and Zip Code
Title Telephone Number
Bidder's/Contractor's State of Incorporation:
Partners or Joint Venturers:
Bidder's License Number(s):
NOTES:
I) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be
required to provide evidence that the person signing on behalf of the
corporation, partnership or joint venture has the authority to do so.
CBF-5
BIDDER:
SECTION 2
BID DATA FORMS
CBF-6
BIDDER:
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the
information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT as
Principal, and
, as Surety, arc held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
being not less than ten percent (10%) ofthe Total Bid
Price; for the payment of which sum will and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perfonn all Work
required for the Rosemead Park Aquatic Facility as set forth in the Notice Inviting
Bids and accompanying Bid Documents, dated
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance and
the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as may
be required by the Contract, then this obligation shall be null and void; otherwise it
shall remain in full force and effect. In the event suit is brought upon this bond by the
OWNER and judgment is recovered, said Surety shall pay all costs incurred by the
OWNER in such suit, including reasonable attorneys' tees to be fixed by the court.
SIGNED AND SEALED, this _ day of , 20
Principal
By:
Signature
-(SEAL)
Surety
_ By:
Signature
CSF-7
SEAL)
BIDDER:
2.13 LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 41 14 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will
perform work, labor or render service to Bidder in or about the construction of the Work in
an amount in excess ofone-half ofone percent (greater than 0.5 of the Bidder's Total Bid
Price, or, in the case of bids or offers for the construction of streets or highways, including
bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars
($10,000), whichever is greater, and shall further set forth the portion of the Work which will
be done by each subcontractor. Bidder shall list only one subcontractor for any one portion
of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission ofbids to submit
the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall
not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half ofone percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction
of streets or highways, including bridges; in excess ofone-half of I percent of the Contractor's
total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor
was designated in the original bid shall only be permitted in cases of public emergency or
necessity, and then only after Owner approval.
CBF-8
131DDER:
2.13 LIST OF PROPOSED SUBCONTRACTORS (continued)
["Duplicate Next 2 Pages if needed for listing additional subcontractors."]
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
Name and Location
of Subcontractor
Address:
Description of Work
to be Subcontracted
Name and Location Description of Work
of Subcontractor to be Subcontracted
Address
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
Address:
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:_
Address
CBF-9
BIDDER:
2.C
The following are the names, addresses and telephone numbers for three public agencies for which
BIDDER has perfonned similar work within the past two (2) years:
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
2.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
3.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF-10
BIDDER:
4.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF - 11
BIDDER:
SECTION 3
NON-COLL USION AFFIDA VIT
CBF-12
BIDDER:
NON-COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid is not made in the interest of, or on behalfof, any
undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Signature
Typed or Printed Name
Titlc
Bidder
Subscribed and sworn before me
This day of 120
(Seal)
Notary Public in and for
the State of California
My Commission Expires:
CBF-13
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
CONTRACT AGREEMENT
CONTRACT AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of 120
by and between the City of Rosemead, a municipal corporation of the State of California, located at
8838 E. Valley Blvd., Rosemead, California 91770, ("City") and [insert Name of Company], a [insert
type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal
place of business at [insert address] (hereinafter referred to as "Contractor"). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain services
required by the City on the terms and conditions set forth in this Agreement. Contractor represents
that it is experienced in providing [insert type of services] services to public clients, that it and its
employees or subcontractors have all necessary licenses and permits to perform the Services in the
State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Rosemead Aquatic Center
Project ("Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the professional [insert type of services] maintenance services
necessary for the Project ("Services"). All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert
ending date], unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines. The
Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete
the Services.
[insert Name of Company]
Page 2 of [insert last page number of agreement]
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement. City
retains Contractor on an independent contractor basis and not as an employee. Contractor retains the
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Contractor shall also
not be employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit `B" attached hereto and incorporated herein by reference. Contractor represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to
Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates City Manager, or his
designee, to act as its representative for the performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Contractor shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or
Title], or his or her designee, to act as its representative for the performance of this Agreement
("Contractor's Representative"). Contractor's Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's
Representative shall supervise and direct the Services, using his/her best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
[insert Name of Company]
Page 3 of [insert last page number of agreement]
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term ofthis
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Contractor's failure to comply with
the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all
notices required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. If the Contractor performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Contractor shall be solely
responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to
comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and
for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part
of this agreement.
3.2. 10 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B)
[insert Name of Company]
Page 4 of [insert last page number of agreement]
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection
and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, ct seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates
and the performance of other requirements on "public works" and "maintenance" projects. If the
Services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and shall post
copies at the Contractor's principal place of business and at the project site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. Contractor shall execute and provide to City
concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed
compensation indicated in this Agreement, and in a form provided or approved by the City. If such
bond is required, no payment will be made to Contractor until it has been received and approved by
the City.
a
3.2.12.2 Payment Bond. Contractor shall execute and provide to City concurrently
with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation
indicated in this Agreement, and in a form provided or approved by the City. If such bond is
required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected
bond within 10 days of receiving notice from City., In the event the surety or Contractor intends to
reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the
City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration
of the original bonds. No further paymenis shall be deemed due or will be made under this
Agreement until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement, the
Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly
[insert Name of Company]
Page 5 of [insert last page number of agreement]
and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Agreement (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as
defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a
California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to
the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the
insurer will be considered qualified if it is in conformance with Section 995.660 ofthe Califomia Code
of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C
attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert
written dollar amount] (S [insert numerical dollar amount]) without advance written approval of City's
project manager. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth: in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Contractor. The
statement shall describe the amount of Services and supplies provided since the initial commencement
date, or since the start of the subsequent billing periods, as appropriate, through the date of the
statement. City shall, within 45 days of receiving such statement, review the statement and pay all
approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At anytime during the tenn of this Agreement, City may request
that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion ofthe Project, but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not
perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements ofCalifomia Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., (`Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects. If
[insert Name of Company]
Page 6 of [insert last page number of agreement]
the Services are being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is S 1,000 or more, Contractor
agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of
the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and shall post
copies at the Contractor's principal place of business and at the project site. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4 Accounting Records.
3.4. 1 Maintenance and Inspection. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during nonnal business hours to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7)
days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and Contractor
shall be entitled to no further compensation. Contractor may not tcmninate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Contractor to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other information
within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
[insert Name of Company]
Page 7 of [insert last page number of agreement]
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
CONTRACTOR:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn:
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as maybe necessary, appropriate
or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out ofor incident to any alleged
acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment ofall consequential damages and
attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees, agents
or volunteers. Contractor shall pay and satisfy anyjudgment, award or decree that may be rendered
[insert Name of Company]
Page 8 of [insert last page number of agreement]
against City or its directors, officials, officers; employees, agents or volunteers, in any such suit,
action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings
or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves fight to employ other
contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.1 1 Assignment or Transfer: Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or
transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its elected
officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of reference only,
and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default
[insert Name of Company]
Page 9 of [insert last page number of agreement]
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability.- If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement: Further, Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement, no member, officer or employee of City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affrnnative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is
aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before
commencing the performance of the Services. '
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which
[insert Name of Company]
Page 10 of [insert last page number of agreement]
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion ofthe
work required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated
in this Agreement.
[signatures on next page]
[insert Name of Company]
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD . [INSERT NAME OF CONTRACTOR]
By:
Gary A. Taylor, Mayor
Attest:
Gloria Molleda
City Clerk
N
Title:
[if Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
Rachel Richman, City Attorney
N
Tit
02/08
Document l
[insert Name of Company]
Page 1 of [insert last page number of agreement]
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use existing
coverage to comply with these requirements. if that existing coverage does not meet the
requirements set forth here, Consultant agrees to amend, supplement or endorse the existing
coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set,forth
in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to City.
Consultant shall provide the,following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to
limits. There shall be no cross liability exclusion for claims or suits by one insured against another.
Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000
per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of personal auto
liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by
law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet funit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing primary
coverage above a maximum $25,000 self-insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There shall be no
cross liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others
involved in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less than
$ per occurrence.
D-1
[insert Name of Company]
Page 2 of [insert last page number of agreement]
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the consultant and
"Covered Professional Services" as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must "pay on behalf of"the insured and must include a provision establishing the insurer's
duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating q/ A- or better and a minimum
financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and
City agree to the following with respect to insurance provided by Consultant:
Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation
prior to a loss. Consultant agrees to waive subrogation rights against City regardless of
the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in
this Agreement or any other agreement relating to the City or its operations limits the
application of such insurance coverage:
4. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to City
and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over" claims, including any exclusion for bodily injury to at
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discovery
period) that may affect City's protection without City's prior written consent.
D-2
[insert Name of Company]
Page 3 of [insert last page number of agreement]
Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement
to Consultant's general liability policy, shall be delivered to City at or prior to the
execution of this Agreement. In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to pay the
premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to
be provided by Consultant or any subcontractor, is intended to apply first and on a
primary, noncontributing basis in relation to any other insurance or self insurance available
to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by Consultant, provide the same
minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Consultant agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on
any portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way
involved in the performance of work on the project contemplated by this agreement to
self-insure its obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be declared to the
City. At that time the City shall review options with the Consultant, which may include
reduction or elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Consultant ninety (90) days
advance written notice of such change: If such change results in substantial additional cost
D-3
[insert Name of Company]
Page 4 of [insert last page number of agreement]
to the Consultant, the City will negotiate additional compensation proportional to the
increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed to
be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City
to inform Consultant of non-compliance with any insurance requirement in no way
imposes any additional obligations on City nor does it waive any rights hereunder in this or
any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations ofany type pursuant to this agreement. This
obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to
that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Consultant's insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be
provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations
of Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and
agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
D-4
[insert Name of Company]
Page 5 of [insert last page number of agreement]
21. Consultant agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant for the
cost of additional insurance coverage required by this agreement. Any such provisions are
to be deleted with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse against City
for paIy vent of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City.
I
I
D-5
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
PERFORMANCE BOND
PERFORMANCE BOND
a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the Rosemead Park Aquatic Facility and all other required structures
and facilities within the rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly set forth
in that certain contract for the said Public Work dated (hereinafter the
"Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to perform the
terms thereof and to provide a bond both for the performance and guaranty thereof,
NOW, THEREFORE, we
the undersigned Contractor, as Principal, and
, a corporation organized and existing
under the laws of the State of and duly authorized to transact business
under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF
ROSEM EAD in the sum of
dollars, (S said sum being not less than 100%ofthe total amount
payable by the said Obligee under the terms ofthe said Public Work Contract, for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the said Public Work
Contract and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their intent
and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and
indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work
Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force
and effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs,
necessary disbursements, and other damages. "
In case legal action is required to enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages.
WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to
(hereinafter "Contractor"),
PERFORMANCE BOND - 1
The said Surety, for value received, hereby stipulates and agrees that no change,
extensions oftime, alteration or addition to the tenors ofthe Public Work Contract or to the Work to
be performed thereunder, or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract, or to the Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this day on
.20
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
The rate of premium on this bond is per thousand.
The total amount of premium charged, $
(The above must be filled in by corporate surety.)
PERFORMANCE BOND-2
STATE OF CALIFORNIA
COUNTY OF
ss.
On this day of , in the year , before me,
a Notary Public in and for said state, personally
appeared , known to me (or proved to be on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as
the Attorney-in-Fact of the
to me that he subscribed the name of the
(surety) and acknowledged
thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
My Commission expires
(surety)
PERFORMANCE BOND-3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as
principal to the within bond; that who signed
the said bond on behalf ofthe principal was then of
said corporation; that I know his signature, and his signature thereto is genuine; and that said bond
was duly signed, sealed and attested for and in behalf of said corporation by authorityof its governing
Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PERFORMANCE BOND-4
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
PAYMENT BOND
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to
(hereinafter "Contractor"), a
contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the Rosemead Park Aquatic Facility and all other required structures
and facilities within the rights-of-way, easements and pen-nits;
WHEREAS, the Work to be performed by the Contractor is more particularly set forth
in that certain contract for the said Public Work dated (hereinafter
the "Public Work Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to
pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the
performance of the Work contracted to be done, or for any work or labor done thereon of any kind,
or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such
work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee
in case suit is brought on the bond.
NOW, THEREFORE, we
the undersigned Contractor, as Principal and
a corporation organized and existing
under the laws of the State of and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the
CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations
furnishing materials, provisions, and other supplies used in, upon, for or about the performance ofthe
said Public Work, and all persons, companies or corporations renting or hiring teams, or implements
or machinery, for or contributing to said Public Work to be done, and all persons performing work or
labor upon the same and all persons supplying both work and materials as aforesaid excepting the said
Contractor, the sum of dollars,
said sum being not less than 100% of the total amount payable by said Obligee under the terms of the
said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies or machinery used in, upon, for or about the performance of
the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the
persons named in California Civil Code Section 3181, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, or for any amounts
PAYMENT BOND - 1
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, and all'other applicable laws of
the State of California and rules and regulations of its agencies, then said Surety will pay the same in
or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing
party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary
disbursements and other consequential damages. In addition to the provisions hereinabove, it is
agreed that this bond will inure to the benefit of any and all persons, companies and corporations
entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or additions to the terms of the said Public Work Contract or to the
Work to be performed thereunder or the specification accompanying the same shall in any way affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the Work or to the Specifications.
IN WITNESS WHEREOF, we'have hereto set our hands and seals this day on
. 20
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
PAYMENT BOND - 2
STATE OF CALIFORNIA
COUNTY OF 1 ss.
On this _ day of , in the year , before me,
a Notary Public in and for said state,
personally appeared , known to me (or proved
to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument as the Attorney-in-Fact of the (surety)
and acknowledged to me that he subscribed the name of the
(surety) thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
My Commission Expires
PAYMENT BOND-3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as principal in the attached bond, that
who signed the said bond on behalf of the principal
was then of said corporation; that I know his signature,
and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company may be
attached hereto.
PAYMENT BOND - 4
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
PART "A"
GENERAL PROVISIONS
PART I - GENERAL PROVISIONS
SECTION I TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 DEFINITIONS
Wherever in the Standard Specifications or other Contract Documents the following terms are
used, they shall mean the following:
Agency - The CITY OF ROSEMEAD
Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid
Security" in the Contract Documents.
Bid Security - The Bid Guaranty, as defined herein.
Board - The City Council of the CITY OF ROSEMEAD.
City - The CITY OF ROSEMEAD
City's Representative - The Engineer, as defined herein.
Contract - The written agreement (Contract form) between the City and the Contractor for
the complete and adequate completion of the Work for the Project. The Contract consists of
the Contract Documents. The documents comprising the Contract are complementary, and
each obligation of the Contractor, Subcontractors and material or equipment suppliers in any
one document shall be binding as if specified in all. The Contract is intended to include all
items required for the proper execution and completion of the Work.
Contract Documents - In addition to the documents noted in the definition of Contract
Documents in the Standard Specifications, all documents incorporated by reference into the
Contract form.
Contract Price - The amount stated in the Contract form, including authorized adjustments
pursuant to Change Orders, which is the total amount payable by the City to the Contractor
for performance of the Work under the Contract. It is also sometimes referred to as the
"Total Bid Price" in the Contract Documents.
Contractor's Representative - Contractor's executive representative who shall be present
on the Project Site at all times that any Work is in progress and who shall have the authority
to act on behalf of the Contractor for all purposes under the
GENERAL PROVISIONS - 1
Contract. The Contractor shall designate such representative in writing to the City. The
Contractor's Representative shall be available to the City and its agent's at all reasonable
times.
Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either
directly or through properly authorized agents, such as agents acting within the scope of the
particular duties entrusted to them. Also sometimes referred to as the "City's Representative"
in the Contract Documents.
Liquidated Damages - the amount prescribed in the Contract fonn, pursuant to the authority
of Government Code Section 53069.85, to be paid to the City or to be deducted from any
payments due, or to become due, the Contractor for each day's delay in completing the whole
or any specified portion of the Work beyond the time allowed in the Contract Documents.
Notice to Contractors - Notice Inviting Bids.
Project - The total and satisfactory completion of the project noted in the Contract
Documents, as well as all related work performed in accordance with the Contract, including
but not limited to, any alternates selected by the City.
Project Site - All of the property and/or facilities of the City where the Work will be
performed pursuant to the Contract, as well as such adjacent lands as maybe directly affected
by the performance of the Work.
Recyclable Waste Materials - Materials removed from the Project site which is required to
be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials
include asphalt, concrete, brick, concrete block, and rock. .
Special Provisions - Any provisions which supplement or modify the Standard
Specifications, including these General Conditions (Part "A"), the Supplementary General
Conditions (Part "B") and the Technical Provisions (Part "C").
Total Bid Price - The amount stated in the Contract form, including authorized adjustments
pursuant to Change Orders, which is the total amount payable by the City to the Contractor
for performance of the Work under the Contract. Also sometimes referred to as the
"Contract Price" in the Standard Specifications and other Contract Documents.
- END OF SECTION -
GENERAL PROVISIONS - 2
SECTION 2 SCOPE AND CONTROL OF WORK
The project consist of demolition of the existing swimming pool decking, fencing, mechanical
room and pool building. The construction ofanew pool, pool mechanical, pool decking, fencing, lighting,
utilities and pool building. Construction of a new site work, landscaping, solar, shade structures and
associated equipment. Project is located at 9155 E. Mission Drive, Rosemead, California.
2-3 SUBCONTRACTS
2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be
amended to include the following provisions:
"By appropriate written agreement, Contractor shall require each Subcontractor to be bound
by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights
of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction
of the City, said subcontractor shall be removed inunediately from the Project upon request by the
City's Representative and shall not again be employed on the Work. The Contractor shall be held
liable for the all deficient Subcontractor Work:"
2-4 CONTRACT BONDS
The following shall be added at the end of Section 2-4 of the Standard Specifications:
"The Contractor shall ensure that its Bonding Company is familiar with all of the terms and
conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding
Company that said Bonding Company thereby waives the right of special notification of any changes
or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of
cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized
representatives. If the Contract Price is increased in accordance with the Contract, the Contractor
shall, upon request of the City, cause the amount of the bonds to be increased accordingly and
promptly deliver satisfactory evidence of such increase to the City."
"Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors
providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply
Payment and Performance Bonds in accordance with the same bond requirements applicable to the
Contractor, except that the bond amounts shall equal the total amount of their subcontract. The
Contractor shall specify this requirement for Subcontractor bonds in his written or published request
for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from
complying with the Subcontractor bonding requirements. The practice of issuing separate purchase
orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements
shall not serve to exempt the Contractor from these requirements. No payments, except for a
reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance
GENERAL PROVISIONS - 3
and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned
Subcontractor bonds to the Contractor."
2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications
shall be amended to include the following at the end of that paragraph:
"All Contract Documents are essential parts of the Contract for a given project. Any
requirement included in one Contract Document shall be as binding as though included in all, as they
are intended to be cooperative and to provide a description of the Work to be done."
2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the
Standard Specifications shall be revised to read as follows:
"In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract
Documents, the document highest in precedence shall control. The order of precedence shall be as
listed below:
I. Change Orders or Work Change Directives
2. Agreement
3. Addenda
4. Contractor's Bid (Bid Forms)
5. Special Provisions
6. General Conditions
7. Standard Specifications
8. Notice Inviting Bids
9. Instructions to Bidders
10. Specifications
11. Plans (Contract Drawings)
12. Standard Plans
13. Reference Documents"
"With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings"
2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the
GENERAL PROVISIONS - 4
Standard Specifications to read as follows:
"Should it appear that the Work to be done; or any matter relative thereto, is not sufficiently
detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's
Representative for such further explanation as may be necessary, and shall conform to such
explanation or interpretation as part ofthe Contract, so far as maybe consistent with the intent ofthe
original Specifications. In the event of doubt or questions relative to the true meaning of the
Specifications, reference shall be made to the Engineer, whose decision thereon shall be final."
2-7 SUBSURFACE DATA
2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard
Specifications to read as follows:
"Soils reports and other reports of subsurface conditions maybe made available for inspection
by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT
DOCUMENTS. The contractor may rely upon the general accuracy ofthe "technical data" contained
in such reports and drawings only where such "technical data" are specifically identified in the Special
Provisions. Except for such reliance on such "technical data", the Contractor may not rely upon or
make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect
to any of the following:"
"2-7.1.1. Completeness. The completeness of such reports and drawings for contractor's
purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor and safety precautions and programs
incident thereto."
"2-7.1.2. Other Information. Any other data, interpretations, opinions, and infonmation
contained in such reports or shown or indicated in such drawings."
"2-7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or
any conclusion drawn from any "technical data" or any such data, interpretations, opinions or
information."
2-8 RIGHT-OF-WAY.
Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows:
"All temporary access or construction rights-of-way, other than those shown on the Plans,
which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for
and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify
and hold the City, its officials, officers, employees and agents free and harmless from all claims for
damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on
GENERAL PROVISIONS - 5
the Plans will be provided by the City at its expense."
2-9 SURVEYING.
2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to
include the following:
"All survey monuments, centerline ties and survey reference points will be tied out in advance
by the City Surveyor. Temporary control shall be protected in place. Any temporary control disturbs
by the contractor shall be replaced at no additional compensation. City Surveyor will provide one set
of temporary stakes for position of well monuments. Contractor shall install well monuments.
Contractor shall coordinate with the City Surveyor for the installation."
2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its
entirety to read as follows:
"All Work, including finished surfaces, shall during its progress and upon completion conform
to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and
measurements are given thereon and will be made in a horizontal plane. Three consecutive points
shown on the same rate of slope must be used in common in order to detect any variation from a
straight line. In the event any discrepancy exists, it must be reported to the City's Representative.
Failure to make this report shall make the Contractor responsible for any error in the finished Work.
Minor deviations from approved Plans, whenever required by the exigencies of construction, shallbe
determined in all cases by the City's Representative and authorized in writing."
2-10 AUTHORITY OF BOARD AND ENGINEER.
The provisions of Section 2-10 of the Standard Specifications shall be revised to read as
follows:
"Whenever the Contract Documents refer to the Engineer or City's Representative, or provide
the Engineer or City's Representative with power to act on behalf of the City, such reference shall
necessarily include the City's Representative, or his or her authorized designee."
"The City Council shall have the power to award the Contract, and shall generally have the
final authority to act in all matters affecting the Project. The City's Representative shall have the
authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply
with the instructions of the City's Representative. The decisions of the City's Representative shall be
final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and
equipment furnished and Work performed; (2) the manner of performance and rate of progress ofthe
GENERAL PROVISIONS - 6
Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications,
General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part
of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make
effective such decisions and actions as the Contractor fails to carry out promptly."
2-11 INSPECTION.
The provisions of Section 2-11 shall be amended to include the following at the end of that
Section:
"The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the materials
and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans.
All labor, materials, and equipment furnished shall be subject to the Engineer's inspection."
"When the Work is substantially completed, the Engineer or a representative of the Engineer
will make the final inspection."
"Whenever the Contractor varies the period during which Work is carried on anyday, he shall
give adequate notice to the City's Representative so that proper inspection may be provided.
Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the
fact that such defective work and unsuitable materials have previously been inspected, accepted or
estimated for payment."
"The Contractor shall prosecute work on any State highway or within any railroad
right-of-way only in the presence of an inspector representing the State Division of Highways or the
railroad company, and any Work done in the absence of such inspectors will be subject to rejection.
The Contractor shall make the appropriate notification according to the instructions given on the
State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and
certificates required by the permit. The permit shall'be acquired by the Contractor at the Contractor's
expense. The Contractor shall pay for all testilig and inspections required by a State Encroachment
Permit or railroad permit."
GENERAL PROVISIONS - 7
2-12 SITE EXAMINATION
Section 2-12 shall be added to the Standard Specifications as follows:
"The Contractor shall have the sole responsibility of satisfying itself concerning the nature and
location of the Work, and the general and location conditions, such as, but not limited to, all other
matters which could in anyway affect the Work or the costs thereof. The failure of the Contractor to
acquaint itself with all available information regarding any applicable existing or future conditions
shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities,
or costs of successfully performing the Work according to the Contract Documents."
2-13 FLOW AND ACCEPTANCE OF WATER
Section 2-13 shall be added to the Standard Specifications as follows:
"Storm, surface, nuisance, or other waters may be encountered at various times during
construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that
it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes
any and all risks and liabilities arising therefrom."
2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
Section 2-14 shall be added to the Standard Specifications as follows:
"The Contractor shall give his personal attention to the fulfillment of the Contract and shall
keep the Work under his control. The Contractor shall not contract with any other entity to perform
in whole or in part the services required hereunder except in strict compliance with Section 2-3 ofthe
Standard Specifications and state law. In addition, neither this Contract nor any interest herein may
be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of
law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code,
without the prior written approval of the City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent (25%)
of the present ownership and/or control of the Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No
approved transfer shall release the Contractor or any surety of the Contractor of any liability
hereunder without the expressed written consent of the City."
- END OF SECTION -
GENERAL PROVISIONS - 8
SECTION 3 CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
"Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits
or otherwise, on account of any decrease or omission of any item or portion of Work to be done.
Whenever any change is made as provided for herein, such change shall be considered and treated as
though originally included in the Contract, and shall be subject to all terns, conditions and provisions
of the original Contract."
3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be
revised to read as follows:
"3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as
follows:"
"3-2.21(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an
increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually
done or materials or equipment furnished shall be paid for according to the unit price established for
such work under the Contract Documents, wherever such unit price has been established; provided,
that an adjustment in the Contract Unit Price may be made for changes which result in an increase or
decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for
eliminated items of work."
"3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit
price contract, should the total quantity of any item of work required under the Contract exceed the
Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such
estimate and not covered by an executed contract Change Order specifying the compensation to be
paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the
option of the Owner, payment for the work involved in such excess will be made as provided in
Paragraph 3-3.2, as amended in these Special Provisions."
. "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit
Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay
quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs
shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of
the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such
fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined
by the engineer in the same manner as if the work were to be paid for as extra work as provided in
GENERAL PROVISIONS - 9
Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to
by the Contractor and the Owner."
"When the compensation payable for the number of units of an item of work performed in
excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit
Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that
an adjustment will be made if requested in writing by the Contractor."
"3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price
contracts, should the total pay quantity of any item of work required under the contract be less than
75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this
Section will not be made unless the Contractor so requests in writing. If the Contractor so requests,
the quantity of said item performed, unless covered by an executed contract change order specifying
the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter
provided, or at the option of the engineer, payment for the quantity of the work of such item
performed will be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2,
as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor
and the Owner; provided, however, that in no case shall the payment for such work be less than that
which would be made at the Contract Unit Price."
"Such adjustment of the contract unit price will be the difference between the contract unit
price and the actual unit cost, which will be determined as hereinafter provided, of the total pay
quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in
the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as
amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and
the Owner."
"The payment for the total pay quantity of such item of work will in no case exceed the
payment which would be made for the performance of 75 percent of the Engineer's Estimate of the
quantity for such item at the original Contract Unit Price."
"3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should
any contract item of the work be eliminated in its entirety, in the absence of an executed contract
Change Order covering such elimination, payment will be made to the Contractor for actual costs
incurred in connection with such eliminated contract item if incurred prior to the date of notification
in writing by the Engineer of such elimination."
"If acceptable material is ordered by the Contractor for the eliminated item prior to the date of
notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it
will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become
the property of the Owner and the actual cost of any further handling will be paid for by the Owner.
If the material is returnable to the vendor and ifthe Engineer so directs the Contractor, the material
GENERAL PROVISIONS - 10
shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for
returning the material. The actual cost of handling returned material will be paid for."
"The actual costs or charges to be paid by the Owner to the Contractor as provided in this
Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as
provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as will be
as agreed to by the Contractor and the Owner."
3-3 EXTRA WORK
3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be
amended to include the following at the end of that Section:
"All extra work shall be adjusted daily upon report sheets furnished by the Contractor,
prepared by the City's Representative and signed by both parties. The daily report shall be considered
thereafter as the true record of extra work done. New and unforeseen work will be classed as extra
work only when said work is not covered and cannot be paid for under any of the various items or
combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any
extra work, except upon written order from the City's Representative."
3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be
amended as follows:
3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning
of that Section:
"Extra work shall be paid for under written work order in accordance with the terns therein
provided. Generally, payment for extra work will be made at the unit price or lump sum previously
agreed upon between the Contractor and the City."
3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be
amended in its entirety to read as follows:
"(a) Work by Contractor. The following percentages shall be added to the Contractor's
costs and shall constitute the markup for all overhead and profit.
1)
2)
3)
4)
5)
6)
Labor
24 percent (includes bonding)
Materials 15 percent
Equipment rental 15 percent
Other items and expenditures 15 percent
Subcontracts (1 st tier only) 5 percent
Lower tier subcontractors none
GENERAL PROVISIONS - 11
To the sum of the costs and markups provided for in this subsection, except for labor,
one percent shall be added as compensation for bonding."
3-6 EXISTING CONDITIONS.
Section 3-6 shall be added to the Standard Specifications as follows:
"Contractor shall have the sole responsibility for satisfying itself concerning the conditions,
nature and location of the Project and the Work to be performed, as well as the general and local
conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of
transportation, necessity for security, laws and codes, local permit requirements, wage scales, local
tax structure, contractors' licensing requirements, availability ofrequired insurance, and other factors
that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for
understanding the facilities, difficulties and restrictions which may impact the total and adequate
completion of the Project. The failure of the Contractor to acquaint himself with all available
information regarding any applicable existing or future conditions shall not relieve him from the
responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and
adequately performing the Work according to the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 12
SECTION 4 CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety
to read as follows:
"It is the intent of the City in drafting the Contract Documents to accept only first-class work,
materials, parts, equipment and workmanship. All materials, parts and equipment furnished by
Contractor for the Work shall be new, high grade, free from detects, of specified kind and fully equal
to samples when such samples are required. Used or secondhand materials, parts and equipment may
be used only if permitted by the Specifications. When the quality or kind of material or articles
required under the Contract are not particularly specified, the Contractor shall provide those
representing the best of their class or kind. Quality of Work shall be in strict accordance with
generally accepted standards. Material, parts, equipment and Work quality shall be subject to the
approval of the City's Representative. All materials, parts and equipment used and installed, and all
details of the Work done, shall at all times be subject to the supervision, test and approval of the
City's Representative. The City's Representative shall have access to the Work at all times during
construction, and shall be furnished with every reasonable facility for securing full knowledge with
regard to the progress, workmanship and character of the materials, parts and equipment used or
employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and
at such times as to ensure uninterrupted progress of the Work."
"All materials, parts, equipment or Work which are defective in their construction or deficient
in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or
removed and replaced by the Contractor in an acceptable manner, and no compensation will be
allowed for such correction work. Any Work done beyond the lines shown on the Plans or established
by the City's Representative, or any extra work done without written authority, will be considered
unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with
any order of the City's Representative made under the provisions of this Section, the City's
Representative shall have authority to cause such defective or unauthorized Work to be remedied or
removed and replaced, and to deduct the costs thereof from any moneys due or to become due the
Contractor. If the Work is found to bens compliance with these specifications, the City's
Representative will furnish the Contractor with a certificate to that effect."
4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 ofthe Standard
Specifications shall be amended to add the following at the end of that Section:
"Contractor shall fully and adequately store and protect all materials, parts and equipment, as
required herein. Contractor shall be solely responsible for any and all damages or loss by weather or
any other cause to such materials, parts and equipment. The Contractor shall make good any and all
damages or loss to materials, parts and equipment."
GENERAL PROVISIONS - 13
"Until the final written acceptance of the Work by the City, the Contractor shall have the
charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the
action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make
good all injuries or damages to any portion of the Work occasioned by any cause before its
completion and acceptance, and shall bear the expense thereof, except for such injuries or damages
arising from the sole negligence or willful misconduct of the City, its officers, agents or employees.
In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for
all materials and the protection of Work already completed, and shall properly store and protect them,
if necessary. Contractor shall provide suitable drainage and erect temporary structures where
necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of
property in materials used after they have been attached or affixed to the Work or the soil upon City
real property. All such materials shall, upon being so attached or so affixed, become the property of
the City."
"Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage
valued in excess of five percent (5%) of the Contract Price if such damage was caused by an
earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public
Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall
provide insurance to protect against such damages."
4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications
shall be amended to add the following at the end of that Section:
"Contractor shall immediately remove all rejected material from the Work or Site, and shall
not again return such material to the Site."
4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the
Standard Specifications shall be amended in their entirety to read as follows:
"Whenever any particular material, process, or equipment is indicated by a patent, proprietary,
or brand name, or by the name of the manufacturer, such product shall be followed by the words "or
equal". A Contractor may offer any material, process, or equipment considered as equivalent to that
indicated, unless a sole source is specified. Failure of the Contractor to submit requests for
substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one
of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to
offer or use substitute materials, products, or equipment for that which was originally specified.
Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request
for substitution of an "or equal" item shall be not less than 35 nor more than 40 calendar days after
award of Contract."
"The burden of proof as to the comparative quality and suitability of alternative equipment or
materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning
items offered by it as equivalent to those specified. Such data shall include complete calculations,
GENERAL PROVISIONS - 14
technical specifications, samples, or published documents relating to the performance and physical
characteristics of the proposed substitute. The Contractor shall have the material tested as required
by the City's Representative to determine that the quality, strength, physical, chemical or other
characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that
the item will completely and adequately fulfill its intended function."
4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as
follows:
"The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment,
for any traffic signing, striping, legends and traffic control facilities within 3 working days after the
award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from
the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and
accepted by said vendor(s) within 15 working days fi•om the date of said award of Contract."
4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard
Specifications to read as follows:
"The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and
obstructions of any character met during the process of excavation, it being understood that the cost
of said removals are made a part of the unit price bid by the Contractor under the item for excavation
or removal of existing Work."
4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to
the Standard Specifications to read as follows:
"Any portions of curb, gutter, sidewalk or any other City improvement damaged by the
Contractor during the course of construction shall be replaced by the Contractor at his own cost, free
of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of
the estimated quantities shown in the Bid Forms and Specifications and found necessary during the
process of construction (but not due to damage resulting from carelessness on the part of the
Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his
Bid."
4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the
Standard Specifications to read as follows:
"In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all
Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers
rather than area landfills. Contractor will be required to submit weight tickets and written proof of
diversion with its monthly progress payment requests. Contractor shall complete and execute any
certification forms required by Owner to document Contractor's compliance with these diversion
requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the
GENERAL PROVISIONS - 15
Contractor."
- END OF SECTION -
GENERAL PROVISIONS - 16
SECTION 5 UTILITIES
5-1 LOCATION
The provisions of Section 5-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Locations of existing utilities shown on the Plans are approximate and may not be complete.
Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum oft
working days prior to any excavation in the vicinity of any potentially existing underground facilities
in order to verify the location of all utilities prior to the commencement of the Work."
"The Contractor shall be responsible for coordinating its work with all utility companies
during the construction of the Work."
"The Plans identify the approximate locations of existing utilities that parallel or cross the
Work. These locations are based on the best information available to the Owner. The Contractor
shall verify these locations."
5-2 PROTECTION
The provisions of Section 5-2 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas
utility valves, and other subsurface structures shall be relocated or adjusted to grade by the
Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before
commencing the Work."
"If the Contractor, while performing the Contract, discovers utility facilities not identified by
the public agency m the Contract Plans or Spccitcations, he or she shall immediately notify the public
agency and utility in writing."
"The public utility, where they are the owner, shall have the sole discretion to perform repairs
or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable
price."
"During construction of the Work, some of the existing utilities may fall within the prism of
trenches. if the existing utility does fall within the contractor-s trenches, the utility involved shall be
supported properly by the Contractor to the satisfaction of the utility owner. The method of support
of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the
utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such
exposure of any of the existing utilities."
GENERAL PROVISIONS - 17
5-5 DELAYS
The provisions of Section 5-5 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Notwithstanding anything to the contrary, the provisions ofArticles 1 and 2 ofthe Califomia
Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein.
In the event of any conflict between the Standard Specifications and Government Code Sections
4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor
should pay particular attention to the provisions of Section 4215 with regards to the relocation of
utilities, the costs thereof, delays caused thereby and the indication of service laterals and
appurtenances."
"The right is reserved to the owners of public utilities or franchises to enter upon the streets
for the purpose of making repairs or changes in their property which may be necessary as a result of
the Work. Employees of the City shall likewise have the privilege of entering upon the street for the
purpose of making any necessary repairs or replacements."
"Contractor shall employ and use only qualified persons, as hereinafter defined, to work in
proximity to Southern California Edison's secondary, primary and transition facilities. The term
"qualified person" shall mean one who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved, as more specifically defined in Section 2700 of
Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary
to assure compliance by all Subcontractors." '
- END OF SECTION -
GENERAL PROVISIONS - 18
SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The second paragraph of Section 6-1 of the Standard Specifications shall be amended in its
entirety to read as follows:
"After the Contract has been approved by the Owner, and a written Notice to Proceed has
been issued to the Contractor, the Contractor shall start the Work within 10 working days after the
date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion,
before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly
authorized extensions thereof"
The provisions of Section 6-1 of the Standard Specifications shall be amended to add the
following at the end of that Section:
"Notwithstanding anything to the contrary herein, the Contractor's proposed construction
schedule shall include the expected start and completion dates for all portions of the contract Work.
During a scheduling conference between the Contractor and the City's Representative, the work
schedule will be discussed and modified, if necessary, by mutual agreement. Should it become
necessary for the City to delay temporarily the construction schedule agreed upon during the
scheduling conference, every effort will be made to permit a new construction schedule at the time
most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural
movement of the equipment. The Contractor shall notify the City's Representative in all such cases in
order to arrive at a mutually satisfactory schedule."
"Contractor's construction schedule shall be in a form provided for in the
Specifications. Contractor shall continuously update its construction schedule. Contractor
shall submit an updated and accurate construction schedule to the Owner whenever
specifically requested to do so by Owner and with each periodic payment request. Failure to
submit an updated and accurate construction schedule shall render Contractor in breach of
the Contract and shall entitle Owner to withhold money therefor."
6-3 SUSPENSION OF WORK.
6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be
amended to add the following at the end of that Section:
"The situations which will be deemed to be in the City's interest to suspend the Work shall
include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that
render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or
his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the
Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason
GENERAL PROVISIONS - 19
whatsoever (including, but not limited to, strikes, labor unrest or labor shortages of any kind); (4)
when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies
or equipment for any reason whatsoever (including, but not limited to, transportation problems,
strikes, labor unrest or labor shortages of any kind); (5) when the Contractor tails or refuses to
commence Work within the time specified for any reason whatsoever (including, but not limited to,
transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the
Contractor fails or refuses to maintain an adequate rate ofdelivery of materials, manufactured articles,
supplies or equipment for any reason whatsoever (including, but not limited to transportation
problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or
refuses to execute the Work in a manner and at such locations as specified in the Contract
Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure
the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract;
or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the
diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall
immediately comply with any written order from the City's Representative and shall not resume
operations until so ordered in writing."
6-4 DEFAULT BY CONTRACTOR.
The first, second and third full paragraphs ofSection 6-4 of the Standard Specifications shall
be amended to read as follows:
"If the Contractor should be in violation of the Contract, then the City may, without prejudice
to any other right or remedy and after giving notice as specified herein, terminate the Contract and
take all actions provided for herein and elsewhere in the Contract Documents. By way of example
and not as a limitation upon its right to terminate the Contract as provided herein, the City may
terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (l) begin delivery of
any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but
not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2)
commence Work within the time specified for any reason whatsoever (including, but not limited to,
transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an
adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason
whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor
shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the
Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry
out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever
(including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other
respect prosecute the Work with the diligence, speed or force specified or intended by the terms of
the Contact."
"If the City determines that sufficient grounds exist to terminate the Contract as provided
herein, the City's Representative shall provi&written notice to the Contractor and its surety on its
performance bond. If the Contractor or its surety does not fully comply with such notice within five
GENERAL PROVISIONS - 20
P
(5) days after receiving it, or fails to continue'aftcr starting to comply in good faith, the City may
exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof,
and take possession of and use, or cause to be used, all materials, tools and equipment of every
description as may be found at the place of such Work. Thereupon, the Contractor and its employees
and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and
the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any
part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City
out of any moneys then due or to become due the Contractor under the Contract. In such
accounting, the City shall not be held to obtain the lowest figure for the Work for completing the
Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall
be charged to the Contractor. In case the expenses so charged are less than a sum which would have
been payable under the Contract if the same had been completed by the Contractor, the Contractor
shall be entitled to receive the difference. In case such expense shall exceed the amount payable
under the Contract, then the Contractor shall pay the amount of the excess to the City upon
completion of the Work without further demand being made therefore. In the determination of the
question as to whether or not there has been any such noncompliance with the Contract as to warrant
the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to
the Contract."
6-8 COMPLETION AND ACCEPTANCE.
Section 6-8 of the Standard Specifications shall be amended in its entirety as follows:
"The Work will be inspected for acceptance by the City's Representative upon receipt ofthe
Contractor's written assertion that the Work has been completed. If, in the sole discretion of the
City's Representative, the Work has been completed and is ready for acceptance, the City's
Representative will notify the City Clerk that the Contract has been completed in its entirety. The
City's Representative shall request that the *City accept the Work and that the City Clerk be
authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of
Completion of the Work. The date of completion shall be the date the Contractor is relieved from
responsibility to protect the Work."
"The Contractor hereby guarantees that the entire Work constructed by him under the
Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor
hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in
materials or workmanship that become evident within one (I ) year after the date of the final payment,
and to restore to full compliance with the requirements of these Contract Documents, including any
test requirements set forth herein for any part of the Work constructed hereunder, which during said
one (I ) year period is found to be deficient with respect to any provisions of the Contract Documents.
The Contractor shall make all repairs and replacements promptly upon receipt of written orders for
the same from the City's Representative. If the Contractor tails to snake the repairs and replacements
promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for
the cost thereof."
GENERAL PROVISIONS - 21
"The guarantees and agreements set forth herein shall be secured by a surety bond which shall
be delivered by the Contractor to the City before the Notice of Completion and acceptance of the
Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a
surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%)
of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice
of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful
Perfonnance Bond furnished under the Contract to remain in force and effect for said amount until
the expiration of said one (1) year period."
"The parties agree that no certificate given, with the exception of the certificate of final
payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or
in part, and that no payment shall be construed to be in acceptance of any defective work or improper
materials. Further, the certificate of final payinent'shall not terminate the Contractor's obligations
under his warranty herein above. The Contractor agrees that payment of the amount due under the
Contract and the adjustments and payments due for any Work done in accordance with any alterations
of the same, shall release the City, the City Council and its officials, officers and employees from any
and all claims or liability on account of work performed under the Contract or any alteration thereof:"
GENERAL PROVISIONS - 22
6-9 LIQUIDATED DAMAGES.
Section 6-9 ofthe Standard Specifications shall be amended in its entiretyto read as follows:
"Contractor agrees that if the Work is not completed within the Contract Time and/or
pursuant to any completion schedule, construction schedule or project milestones developed pursuant
to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as
fixed and liquidated damages the sun specified in the Contract form for each and every calendar day
of delay beyond the Contract Time or beyond any completion schedule, construction schedule or
Project milestones established pursuant to the Contract. Liquidated damages may be deducted from
any payments or other funds owing to Contractor, including progress payments, the final payment and
retentions."
6-11 TIMES OF OPERATION
Section 6-11 shall be added to the Standard Specifications to read as follows:
"It shall be unlawful for any person to,operate, permit, use, or cause to operate any of the
following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no
work allowed on Owner-observed holidays, unless otherwise approved by the Engineer:
Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools"
Contractor shall not perform any work prior 9:00 am on Northbound and 3:00 pm on
Southbound. The City Engineer can extend the time upon request; and, if he deems necessary
for the safety of the traffic of the public.
-END OF SECTION -
GENERAL PROVISIONS - 23
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Laws. The provisions of Section 7-2.2 of the Standard Specifications shall be
amended in their entirety as follows:
"The Contractor, its agents and employees shall be bound by and comply with applicable
provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding
anything to the contrary contained in the Contract Documents, Contractor shall comply with the
following:"
"7-2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory
evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with
respect to Social Security . The Contractor, at any time upon request, shall satisfy the City that all
necessary Social Security and other taxes are being properly reported and paid."
"7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required
to comply with the provisions of California Labor Code Section 1810 et sect. According to those
sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a
penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract
by the Contractor, or by any Subcontractor, for each calendar day during which such worker is
required or pennitted to work more than eight (8) hours in any calendar day or forty (40) hours in any
one (1) calendar week, except when payment for overtime is made at not less than one and one-half
(I -1 /2) times the basic rate for that worker."
"7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and
Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper
licenses for performance of this Contract. Contractors shall meet the California Contractor's license
requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate
licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions
Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance
with state law and pursuant to the requirements found in the Contract Documents to be
nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the
Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid
license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the
Contract."
GENERAL PROVISIONS - 24
u
"7-2.2.5 Non-Discrimination. Contractor shall not discriminate in the employment of
persons upon the Contract because of the race, creed, color, national origin, ancestry, non-
disqualifying disability, age, medical condition, marital status, sex or other classifications of such
persons protected by federal, state and local laws, rules and regulations. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an
identical clause to be included in every subcontract for the contract work."
"7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the
California Labor Code, the Contractor shall pay travel and subsistence payments to each worker
needed to execute the Work, as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with law. To establish such travel and
subsistence payments, the representative of any craft, classification, or type of worker needed to
execute the Contract shall file with the Department of Industrial Relations fully executed copies of
collective bargaining agreements for the particular craft, classification or type ofwork involved. Such
agreements shall be filed within 10 days after their execution and thereafter shall establish such travel
and subsistence payments whenever filed 30 days prior to the call for Bids."
7-3 PERMITS.
Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows:
"Unless indicated to the contrary in the Contract Documents, including the Special Provisions,
Contractor shall procure all permits and licenses (including a City business license), pay all charges
and fees, and give all notices necessary and incidental to the due and lawful prosecution ofthe Work."
7-8 PROJECT SITE MAINTENANCE.-
7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with all air pollution control rules, regulations,
ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt
shall be labeled to indicate that the contents fully comply with the applicable material requirements."
7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as
regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-
124, the Porter-Cologne Act (California Water Code) and the Waste Discharge Requirements for
Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management
Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for
GENERAL PROVISIONS - 25
Construction Activities."
WATER POLLUTION CONTROL
A. Water Quality Protection Requirements For Construction Projects With Less than 1-
Acre Of Disturbed Soil
All construction projects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP)
to meet the minimum water quality protection requirements as defined in Table 2-1.
Table 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category
Minimum Requirements
BMPs
1. Sediment
Sediments generated on the project site shall be retained
Sediment
Control
using adequate Treatment Control or Structural BMPs.
Control
2. Construction
Construction-related materials, wastes, spills or residues
Site
Materials
shall be retained at the project site to avoid discharge to
Management;
Control
streets, drainage facilities, receiving waters, or adjacent
Material and
properties by wind or runoff.
Waste
Non-storm water runoff from equipment and vehicle
Management
washing and any other activity shall be contained at the
project sites.
3. Erosion
Erosion from slopes and channels shall be controlled by
Erosion
Control
implementing an effective combination of BMPs, such as
Control
the limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Please refer to the California Stormwater. Quality Association's Construction Handbook
available for free on their website (ww,.v.cabmpbandbooks.com - Construction Handbook)
for further information regarding the BMPs listed in Table 2-1.
GENERAL PROVISIONS - 26
B. Water Quality Protection Requirements For Construction Projects With 1-Acre (or
greater) Of Disturbed Soil
In addition to the minimum BMPs required in Section A, a Stone Water Pollution Prevention
Plan (SWPPP) must be submitted to the City for all construction projects where at least 1-
Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of
pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be
required for projects smaller than 1-Acre if the City designates the project a threat to water
quality objectives.
In addition, the contractor must contact the Los Angeles Regional Water Quality Control
Board (LARWQCB) if the project will disturb I -Acre or more of soil. Construction activities
can not begin until a Waste discharger Identification (WDID) Number is issued by the State
Water Board. The I-Acre threshold includes the total amount of land disturbance. For
example, if four streets, each 1/4-acre in size in different parts of the City are to be
reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI)
you must contact the Regional Board at:
Los Angeles Regional Water Quality Control Board
320 W. 4'h. Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576-6600; Fax: (213) 576-6640
Internet Address: http://www.swrcb.ca.gov/-rwgcb4
The SWPPP shall include:
• The name, location, period of construction, and a brief description of the project;
• Contact information for the owner and contractor;
• The building permit number for the project;
• The grading permit number for the project (where applicable)
• A list of major construction materials, wastes, and activities at the project site;
• A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
• A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
GENERAL PROVISIONS - 27
• Non-storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
• A maintenance and self-inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
• A certification statement that all required and selected BMPs will be effectively
implemented.
Within 7 days after the City has certified the contract, the Contractor shall submit two Z
copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days
of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the
document within 7 days of their receipt of the City's comments. The City shall then have 7
days to consider the revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at
the project site. The SWPPP shall be made available upon request ofa representative of the
Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to
the City.
C. Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably
affect the quality of storm water discharge associated with construction activities. The plan
will describe and ensure the implementation of Best Management Practices (BMPs) which
will be used to reduce pollutants in the storm water discharges from the construction site. A
Best Management Practice is defined as any program, technology, process, operating method,
measure, or device that controls, prevents, removes, or reduces pollution. The Contractor
shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal,
Industrial, New Development, and Construction Volumes (www.cabmnhandbooks.com) in
conjunction with all activities and construction operations:
1. Construction Practices (NS2, NS3, NS4, and NS6)
2. Material and Waste Management (WMOI, WM02, and WM04)
3. Vehicle and Equipment Management (NS8, NS9, and NS 10)
4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2)
5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2)
GENERAL PROVISIONS - 28
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stonmwater Quality Association
P.O. Box 2313
Livermore, CA 94551
www.cabmphandbooks.com
Los Angeles County DPW
Cashier's Office
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
D. Implementation
The Contractor will be responsible throughout the duration of the project for the installation,
monitoring, inspection and maintenance of the BMPs included in the SWPPP and for
removing and disposing of temporary BMPs. The Contractor maybe required to implement
additional BMPs as a result of changes in actual field conditions, contractor's activities, or
construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil-disturbed areas of the project site before the onset of
precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and
equipment to fully deploy these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be fully
protected at the end of each day with these control measures unless fair weather is predicted
through the following day. The Contractor shall monitor daily weather forecasts. If
precipitation is predicted prior to the end of the following workday, construction scheduling
shall be modified, as required, and the Contractor shall deploy functioning control measures
prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water
pollution if the Contractor fails to conform to the requirements of this section, "Water
Pollution Control". Unless otherwise directed by the City, the Contractor's responsibility for
SWPPP implementation shall continue throughout any temporary suspension of work.
GENERAL PROVISIONS - 29
E. Sewage Spill Prevention
The Contractor's attention is directed to the sewer bypass operation required during any
sewer construction (Standard Specification for Public Works Construction Section
500.1.2.4).
The Contractor shall exercise extraordinary care to prevent the cause of events that may lead
to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for
an emergency response unit comprised of emergency response equipment and trained
personnel to be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well
as recovering and properly disposing of raw sewage. In addition, the Contractor is
responsible for any fines, penalties and liabilities arising from negligently causing a sewage
spill. Any utility that is damaged by the contractor shall be immediately repaired at the
Contractor's expense. The Contractor shall take all measures necessary to prevent further
damage or service interruption and to contain and clean up the sewage spills.
F. Sewage Spill Telephone Notification,
Should a sewage spill occur, the Contractor shall immediately report the incident to the
following two (2) City Departments:
Public Works/ Engineering (626) 569-2150
Public Safety Department (626) 569-2292
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and Inspectors, to be reached during
emergency and off-hours.
The City will notify the following:
Los Angeles County Department of HealthServices (213) 974-1234
Los Angeles County Department of Public Works (800) 303-0003
Regional Water Quality Control Board (213) 576-6665 or 6600
State Office of Emergency Services (800) 852-7550
(For any significant volume of material that entered the storm drain or receiving
water)
GENERAL PROVISIONS - 30
G. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report within three (3) working days from
the occurrence ofa spill to the City, (Attention: Project Manager). This report shall describe
the following infonnation related to the spill:
The exact location on the Thomas Guide map
The nature and volume
The date, time,and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
H. Enforcement
The City, as a pennittee, is subject to enforcement actions by the LARWQCB, U.S. EPA,
environmental groups and private citizens. The Contractor shall be responsible for all costs
and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the
requirements set forth in Section 7.09 - "Water Pollution Control". The costs and liabilities
include, but are not limited to fines, penalties and damages whether assessed against the City
or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor under this
contract shall be retained by the City until all costs and liabilities imposed by law against the
City or Contractor have been satisfied.
1. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control
measures and shall regularly inspect and maintain the construction site for the BMPs identified
in the SWPPP. The Contractor shall identify corrective actions and time frames in order to
properly address any damaged measure, or reinitiate any BM Ps that have been discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control
measures, the deficiency shall be corrected by the Contractor immediately or by a later date
and time if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
J. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor,
materials, tools, equipment and all incidentals; and for doing all the work involved in
installing, constructing, maintaining, removing, and disposing of control measures, except
those that were installed as a part of another structure, shall be included in the unit prices bid
for the various related items of work and no additional compensation will be made therefore.
GENERAL PROVISIONS - 31
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the
Standard Specifications to read as follows:
"The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances, including hours of operation requirements. No internal combustion engine shall be
operated on the Project without a muffler of the type recommended by the manufacturer. Should any
muffler or other control device sustain damage, the Contractor shall promptly remove the equipment
and shall not return said equipment to the job until the device is repaired or replaced. Said noise and
vibration level requirements shall apply to all equipment on thejob or related to thejob, including but
not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the
Contractor."
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the
beginning of the first full paragraph:
"In accordance with generally accepted construction practices, the Contractor shall be solely
and completely responsible for conditions of the job site, including the safety of all persons and
property in performance of the Work. This requirement shall apply continuously and shall not be
limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not
be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the
placement of guards; maintenance and operation of sufficient lights and signals; and all other
precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the
City's Representative or other City employee or agent to give general engineering supervision ofthe
Contractor's performance is not intended to include the review of the adequacy of the Contractor's
safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for
safety conditions on the Site."
Section 7-10.4.1 shall be amended also to add the following to the beginning ofthe second full
paragraph:
"Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and ifthe Work
governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth,
Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705,
regarding sheeting, shoring and bracing."
7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended
to add the following to the end of that Section:
GENERAL PROVISIONS - 32
"As required by Public Contract Code Section 7104, if this Contract involves digging trenches
or other excavations that extend deeper than four (4) feet below the surface, Contractor shall
promptly, and prior to disturbance of any conditions, notify City of. (1) any material discovered in
excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class
I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing
from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a change order is appropriate. In
the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall
proceed with all Work to be performed under the Contract, but shall retain all rights provided by the
Contract or by law for making protests and resolving the dispute."
7-11 PATENT FEES OR ROYALTIES.
Section 7-11 of the Standard Specifications shall be amended in its entirety to read as follows:
"The Contractor shall include in its bid amount the patent fees or royalties on any patented
article or process furnished or used in the. Work. Contractor shall assume all liability and
responsibility arising from the use of any patented, or allegedly patented, materials, equipment,
devices or processes used in or incorporated with the work, and shall defend, indemnify and hold
harmless the City, its officials, officers, agents and employees from and against any and all liabilities,
demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from
such use."
7-13 LAWS TO BE OBSERVED.
Section 7-13 of the Standard Specifications shall be revised in its entirety to read as follows:
"The Contractor shall keep itself fully informed of all existing and future State, Federal and
local laws, rules and regulations, which in any manner affect those engaged or employed in the Work,
or the materials used in the Work, or which in any affect the conduct of the Work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The
Contractor shall at all times observe and comply with all such existing and future laws, rules,
ordinances, regulations, orders, and decrees ofbodies or tribunals having any or all authority over the
Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification
provisions ofthis Agreement, the Owner and its officials, officers, employees, volunteers and agents,
including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim
or liability arising from, or based on, the violation or alleged violation of any such law, rule,
ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall
particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct
of the Work, keeping open passageways and protecting the same where they are exposed or
dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If
any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract
GENERAL PROVISIONS - 33
for the Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor
shall forthwith report the same to the Engineer in writing."
7-15 INDEMNIFICATION.
Section 7-15 shall be added to the Standard Specifications as follows:
"Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to
property or persons, including wrongful death, to the extent arising out of or incident to any acts,
omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants
and contractors arising out of or in connection with the performance of the Work or this Contract,
including without limitation the payment of all consequential damages and attorneys fees and other
related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with
Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of
every kind that may be brought or instituted against City, its officials, officers, employees, volunteers
or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or
decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in
any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers,
employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. The only limitations on this
provision shall be those imposed by Civil Code Section 2782."
7-16 CONCRETE FORMS, FALSEWORK AND SHORING.
Section 7-16 shall be added to the Standard Specifications as follows:
"Contractor shall comply fully with the requirements of Section 1717 of the Construction
Safety Orders, State of California, Department of Industrial Relations, regarding the design of
concrete forms, talsework, and shoring, and the inspection of same prior to the placement of
concrete. Where Section 1717 requires the services of a civil engineer registered in the State of
California to approve design calculations and working drawings of the falsework or shoring system,
or to inspect such system prior to the placement of concrete, Contractor shall employ a registered
civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named
in the Contract for completion of the Work as set forth in the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 34
SECTION 9 MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK.
Section 9-2 of the Standard Specifications shall be amended to add the following at the end of
that Section:
"On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a
Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress
payments and which shall be incorporated into a form of Application for Payment acceptable to the
Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction
Conference and must meet the approval of the Engineer before any payments can be made to the
Contractor."
9-3 PAYMENT.
9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall be
deleted and replaced with the following two paragraphs:
"Contractor shall submit, with each of its billing invoices, a corrected list ofquantities, verified
by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of
the Work as fully complete, the Contractor shall submit to the City for approval a written statement
of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such
statement, the City's Representative shall check the quantities included therein and shall authorize the
Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair,
covering the amount and value of the total amount of Work done by the Contractor, less previous
payments, applicable withholdings and retentions."
"All retention proceeds shall be released and paid in strict accordance with Public Contract
Section 7107."
Section 9-3.1 ofthe Standard Specifications shall be amended to also add the following at the
end of that Section:
GENERAL PROVISIONS - 35
"Payment for the various items on the Contract Bid Forms, as further specified in the
Contract, shall include all compensation to be received by the Contractor for furnishing all tools,
equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals
appurtenant to the items of Work being described, as necessary to complete the various items of
Work, all in accordance with the provisions for Measurement and Payment in the Standard
Specifications and these General Conditions, and as shown on the Drawings, including all
appurtenances thereto. Compensation shall include all costs of compliance with the regulations of
public agencies having jurisdiction over the Work, including the Safety and Health Requirements of
the California Division of Industrial Safety and the Occupational Safety and Health Administration of
the U.S. Department of Labor (OSHA)."
"No separate payment will be made for any item that is not specifically set forth in the
Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid
Forms for the various appurtenant items of work."
9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be
amended to add the following at the end of that Section:
"For purposes of this Section, the monthly payment date shall be the last calendar day of each
month. In order for the City to consider and prepare for each monthly payment, the Contractor shall
submit a detailed measurement of Work performed and a progress estimate of the value thereof
before the tenth (10th) day of the following month. The City shall review and make payment on all
approved charges within the time required by Public Contract Code Sections 20104.5 et M."
"Acceptance of any progress payment accompanying any estimate without written protest
shall be an acknowledgment by the Contractor that the number of accumulated contract days shown
on the associated statement of working days is correct. Progress payments made by the Owner to the
Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of
liquidated damages."
"Subject to the provisions of Section 22300 of the California Public Contract Code, a 10
percent retention will be withheld from each payment. All invoices and detailed pay requests shall be
approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to
the Engineer."
"Pursuant to Section 22300 of the California Public Contract Code, In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of securities for
any monies withheld by the City to ensure performance under the Contract. At the request and
expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the
City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion
of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the
beneficial owner of any securities substituted' for monies withheld and shall receive any interest
thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by
the City."
GENERAL PROVISIONS - 36
"The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for
the entire amount covered by such invoice, as'well as a valid unconditional waiver of lien from the
Contractor and all subcontractors and materialmen for all work and materials included in any prior
invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262.
Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the
Contractor's work, together with releases of lien from any subcontractor or materialmen."
- END OF SECTION
GENERAL PROVISIONS - 37
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
"PART B"
SUPPLIMENTAL
GENERAL CONDITIONS
SUPPLEMENTAL GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The work consists of demolition of the existing swimming pool decking, fencing,
mechanical room and pool building. The construction of a new pool, pool
mechanical, pool decking, fencing, lighting, utilities and pool building; construction
of new site work, landscaping, solar, shade structures and associated equipment.
Project is located at 9155 E. Mission Drive, Rosemead, California.
10-1.2 Quantities - The estimate of quantities of work is approximate only, being given
as basis for the compilation of bids, and the City of Rosemead does not
expressly or by implication agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any class
or portion of the work or to omit portions of the work that may be deemed
necessary or expedient by the Engineer. In such case the contract unit price
shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard
Specifications.
All work incidental to this project, as described on the drawings and/or this
specification shall be considered as included within the scope of the work. The
bid prices submitted by the contractor shall include the cost of said incidentals,
even though such incidentals are not specifically mentioned in the preceding
description of work to be done or in the proposal form.
10-1.3 Equals - Whenever the names of specific products are designated in the details
appearing on the drawings or in the specifications, the intent is to state the
general type and quality of the products desired, without the intention of ruling
out the use of other products of equal type and quality. If the successful
contractor wishes to make substitutions of the products specified, he must make
an application in writing to the Engineer prior to the acceptance and installation
into the project with a complete. description of the alternate products and a
statement with regard to the saving to the owner, if any, in case the substitution
would be permitted. The Engineer will have the right to make the final decision in
these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable
to the Engineer, in lieu of the requested substitutions.
10-1.4 Installation of Equipment - All materials and workmanship shall be in
accordance with the manufacturer's specifications and instructions.
SUPPLEMENTAL GCs-2
10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the
Standard Specifications with the following special conditions:
a. Beginning and Completion of Work: The contract time allowed for
completion of the project is TWO HUNDRED AND TEN (210) calendar
days. Work on this project shall commence no later than ten (10) days
from the date of Notice to Proceed.
b. The contractor shall submit to the Engineer a time schedule of work for the
various sequences of the major operations. Said schedule shall be
submitted at least 5 working days prior to the beginning of work and shall
be subject to the approval of the Engineer.
C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m.
with no work on Saturdays, Sundays, Holidays, and alternate Fridays in
which City Hall is closed.. Except when authorized by the Director of
Public Works or City Engineer.
d. Inspection: The City shall provide inspection for an 8-hour day for normal
working days. The City will deduct from the contractor's invoice an
amount equal to $65 per hour for inspection in excess of the foregoing,
including legal holidays, City Hall closed Fridays, and weekends.
e. Weight master certificates are source documents and it is the contractor's
responsibility to collect the material tickets from the drivers at the delivery
point, sign and date them and submit to the City Inspector.
f. Contractor shall notify all property owners within the project limits of all
activities; written notification shall be delivered to properties at least forty-
eight (48) hours in advance of any activity.
g. The contractor and all subcontractors shall attend a pre-construction
meeting at the time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain a Rosemead Business
License prior to the start of work.
SUPPLEMENTAL GCs-3
10-3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Construction
Specification Institute (CSI) Master Format 2004."
In case of conflict between the Standard Specifications and the Special
Provisions, the Special Provisions shall take precedence over and be used in lieu
of such conflicting portions.
10-4 CONSTRUCTION YARD
It shall be the contractor's responsibility to locate any storage sites for materials
and equipment needed, and such sites must be approved in advance by the City
Engineer. When storage sites are located on private properties, the contractor
shall be required to submit to the City Engineer written approval from the record
owner authorizing the use of his property by the contractor, and contractor shall
bear all the cost involved, and provide necessary insurance requirements. If
contractor chose one of the City owned:
The contractor accepts sole liability for the yard during the time, which it is
occupied. The contractor agrees to indemnify and hold harmless the City and
ARA during the period which the contractor occupies the site. The yard shall be
fenced with City-approved temporary chain link fence and gate(s). The yard shall
be secured at all times. The Contractor shall be responsible for required utilities,
if available.
The Contractor shall store all materials in a manner, which complies with
manufacturer's recommendations and/or legal requirements.
The yard shall be maintained in a manner consistent with surrounding properties.
After the project is constructed, the Contractor shall move off of the yard and
return the yard to a condition similar to before he moved on the yard.
In order to assure these requirements are met, the Contractor shall have an
independently prepared environmental report prepared prior to Contractor
mobilization and after final cleanup.
Contractor and all subcontractors shall not be permitted to place any signage or
advertising signs on the site unless city's written approval is obtained.
SUPPLEMENTAL GCs-4
10-5 UTILITIES
The contractor will obtain the locations of underground facilities from the utility
companies at least twenty-four (24) hours prior to commencing construction in
such areas. At all time the contractor shall be responsible for the protection of
such facilities and shall be held liable for damage to utilities during construction.
The contractor is responsible to call Underground Service Alert at (800) 422-
4133 at least 72 hours prior to commencing any work.
10-6 CONSTRUCTION WATER
It shall be the responsibility of the contractor to furnish an adequate supply of
water for construction use.
10-7 AIR AND WATER POLLUTION
The Contractor shall be required to conform to all current regulations of the South
Coast Air Quality Management District. The Contractor shall also conform to
Section 402(p) of the 1972 Clean Water Act which establishes a framework for
the regulation of municipal, industrial and construction stormwater discharges
under the National Pollutant Dischar9e.Elimination System (NPDES) program.
10-8 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all
hazardous materials which are brought on site by the Contractor. A MSDS is
required for any product which may contain hazardous materials. The contractor
must alert the City Engineer of the.quantity and type of hazardous material which
will be brought on site. The MSDS sheets must be submitted to the City
Engineer at least two (2) business days prior to starting work. The City Engineer
may require the City Safety Officer or his designee to review the MSDS for
approval of use.
The contractor shall be responsible for notifying Underground Service Alert (800)
422-4133 and all utility companies having substructures within the limits of the
job. This shall be done at least 72 hours prior to commencing construction.
10-9 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of
section 7-10 of the Standard Specifications. Traffic Control shall comply with the
Work Area Traffic Control Handbook of the American Public Works Association
(WATCH Manual), latest edition.
After award of the contract, the contractor shall submit to the Engineer his
proposed schedules for lane closing and his methods of traffic control to comply
with the requirements specified herein below. This submittal shall be made
SUPPLEMENTAL GCs-5
sufficiently in advance of any rerouting or diversion of traffic by the contractor to
allow for a review of the contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to
maintain the required number of lanes, shall be directed in such a manner that
traffic may move smoothly across the work without any sudden changes from
one lane to another. Toward this end the minimum taper allowed for detouring
the traffic from one lane to another shall be 20:1.
The contractor shall provide, throughout the period of construction, all signs
which may be deemed necessary for the safe and orderly conduct of vehicular
traffic as directed by the Engineer. All barricades used as warning and guiding
devices shall bear the name of the contractor in legible letters. Flashing arrow
board(s) shall be required throughout the construction period.
Traffic lanes shall have a minimum width of twelve (12) feet and minimum
clearance of two (2) feet from curbs, poles and similar obstructions, and two (2)
feet from any excavation, unless otherwise specified. One lane shall be
maintained at all times.
Transitions of differential road surfaces shall be maintained according to SSPWC
sect.
Spillage resulting from hauling operations along any public traveled way shall be
removed immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access the existing driveways. Contractor will close only
one driveway at any time to properties having more than one driveway.
10-10 PAYMENT
Payment shall be made in accordance with Section 9 of the Standard
Specifications. Payment will be made"at the lump sum prices or unit prices as
stipulated in the Bid Proposal and will include full compensation for furnishing all
labor materials, tools and equipment and doing all the work involved in
completion of the bid items. 10% retention will be paid 35 days after City
Council's acceptance.
10-11 SURVEY MONUMENTS
See Section 2-9 Surveying of the General Provisions Page - 7.
SUPPLEMENTAL GCs-6
10-12 CLEAN-UP
Upon completion of the work and before the final estimate is submitted, the
Contractor shall, at his own expense, remove from the vicinity of the work all
plant, buildings, rubbish, unused materials, concrete forms and other materials or
equipment belonging to or used by him or any subcontractor on the work. In the
10-13 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work
constructed by him under this contract will meet fully all requirements thereof as
to quality of workmanship and of materials furnished by him. The contractor
hereby agrees to make at his own expense any repairs or replacements made
necessary by defects in materials or workmanship supplied by him that becomes
evident within the time specified after filing of the Notice of Completion of the
work by the Engineer, and to restore to full compliance with the requirements of
these specifications, including the test requirements set forth herein for any part
of the work constructed hereunder, which during said period is found to be
deficient with respect to any provision of the specifications. The contractor also
agrees to defend, indemnify and. hold the Owner, its officers and employees,
harmless from claims of any kind arising from damage due to said defects. The
contractor shall make all repairs and replacements promptly upon receipt of
written orders for same from the Engineer. If the contractor fails to make the
repairs and replacements promptly, the owner may doe the work and the
contractor and his surety shall be liable to the owner for the cost thereof.
Upon termination of the Contractor's guarantee any manufacturers' guarantees
held by him shall be delivered to the owner.
The guarantees and agreements-set forth in Subsection (a) hereof shall be
secured by a surety bond which shall be delivered by the Contractor to the
Owner before the notice of completion shall be filed by the Development
Services Director. Said bond shall be in an approved form and executed by a
surety company or companies satisfactory to the owner, in the amount of ten
percent (10%) of the contract price. Said bond shall remain in force for a period
of one year from the date of filing of the Notice of Completion. Instead of
providing a surety bond, the contractor may, at his option, provide for the Faithful
Performance Bond furnished under the contract to remain in force for said
amount until the expiration of the required period.
SUPPLEMENTAL GCs-7
10-14 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and
representatives of the owner employed on the work. Such facilities shall be
subject to the acceptance of the owner as to location and type. The contractor
shall maintain the same in sanitary condition from the beginning of the work until
completion and then shall remove the facilities and disinfect the premises if
necessary. The contractor shall be responsible for alleviating all dust and
nuisance conditions occasioned by his work.
Each day, at the completion of'the day's work, the entire trench area and
adjacent streets shall be swept and cleaned to the satisfaction of the City
Engineer or his appointed representative. The contractor shall cover all storm
drain catch basins during excavation and sweeping operations to prevent
excavated materials from entering the catch basins.
SUPPLEMENTAL GCs-8
CITY OF ROSEMEAD
ROSEMEAD PARK AQUATIC FACILITY
PROJECT No. P53251
"PART C"
PROJECT MANUAL