SpecificationsCITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
19 6Y9_1 will-11 :W11MKISCll
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: JANUARY 22 2014 AT 11:00 AM.
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
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 -1 — CBF -12
CONTRACT AGREEMENT
1. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part „ - General Provisions ............................... .... ................. .1 -37
Part "B" - Supplemental General Conditions ......................... .. ....... 1 -7
Part "C" - Technical Provisions .............. ...........................TP -1 — TP-4
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
NOTICE INVITING BIDS
CITY OF ROSEMEAD
NOTICE INVITING BIDS
PROJECT No. 2013 -10
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD; California, will receive
sealed bids up to 10:30 o'clock a.m. on Wednesday, the 22 day of January 2014. and
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
The project consist of removal and replacement of existing basketball court and other related
work as described in the Plans, Specifications, and Contract Documents, by this reference,
made a part hereof.
The engineer's estimate for this project is $150,000. The successful bidder shall have
THIRTY (30) calendar days to complete the work. Liquidated damages shall be $500.00
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 $25.00 and $40.00 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 111 of the
Business and Professions Code of the State of California. Bidder shall have a Class "A"
license in good standing at the time Bids are received.
NIB- 1
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 January 28 2014.
Dated this
GLORIA MOLLEDA
CITY CLERK
Publish: January 9 th & 16 2014.
2014.
NIB- 2
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
INSTRUCTION TO BIDDERS
TABLE DFCONTENTS
Page
1.
AVAILABILITY [VF 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
&
PREPARATION c}F BIDS ............................ ......................... ......
2
7 .
ALTERNATE BIDS ...................... ............... . ....................... ..—~.~^,....,.~..�3
8.
MODIFICATIONS C�F BIDS. ............ ............... ........ --.----,--.---..----.3
Qi SIGNING
c]F BIDS— ......................................................... .~...,~._^...—...._,..�3
10.
BID GUARANTEE /B<]NEA .......................... ............................................... ................
..4
11.
SUBMISSION OF SEALED BIDS ........................................... ...^...........--.4
12.
DELIVERY AND OPENING OF BIDS ........ ...... ............................... ---..---,—_5
13.
WITHDRAWAL {]F BID ... ...... ............... ............................ ..^~—,....^......--..5
14 `
AWARD PR%}CESS.. .............................................................. —,....,.....—....5
15i
DESIGNATION OF SUBCONTRACTORS ...... ......... ............................ —....—,.....5
16.
LICENSING REQUIREMENTS ............... ................................ ----`,----`----6
17.
DISQUALIFICATION [)F BIDDERS; INTEREST |N MORE THAN ONE BID ...................
O
18.
INSURANCE REQUIREMENTS ................ — ... ' .............. ................
6
19\
REQUIRED BIDDER CERTIFICATIONS ....................... ............. ............ ...........8
20.
BASIS OF AWARD; BALANCED BIDS. ................................................... ---'—,--'8
21.
FILING [)F BID PFk
7
23.
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 [}F CONTRACT ................................................... ....—,...—......-8
26 .
OWNER RIGHTS .......................................................... ............. ...--....--,,....8
27.
BIDDER'S RESPONSIVENESS ............................................................................... ....'8
28.
BIDDER'S RESPONSIVENESS CHECKLIST .............. .—...... .............. ---,.---�8
29.
CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS. ...........................................
A
30.
RESPONSIBILITY CRITERIA ................................. ............... . ............... ' ...................
1O
Em
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 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 reviewthe 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 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.
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
ITB - 1
e. Contract Appendix
Part "A" - General Conditions
Part "B" - Supplementary General Conditions
Part "C" - Technical Provisions
Part "D" - Appendix
Any Addenda Issued by the Owner
4. INSPECTION OF SITE; PRE -BID
AND SITE WALK
Each prospective bidder is responsible for fully acquainting himself with the conditions of the 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.
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 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.
7. ALTERNATE BIDS
If alternate bid items are called for in the Bid Documents, the lowest bid will be determined
ITB - 2
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.
81 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.
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
particularjoint venturer or partnerto act for and bind Bidder in all matters relating to the Bid; and (2)
provide that each venturer or partner shall bejointly 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 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 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
ITB - 3
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 cashiers checks must be drawn on a solvent state bank or a California branch of a
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. If the Owner rejects all Bids, it will promptly return
to all Bidders their Bid guarantees
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 ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
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 of a 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
ITB - 4
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 falls 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.
14. AWARD PROCESS
Once all Bids are opened and reviewed to determine 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 of one
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 of bids 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
ITB - 5
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
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 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.
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, pursuantto 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 requirementfor 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 payfor permits, licenses andfees required bythe
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 of its Total Bid
Price and furnish the required insurance certificates and endorsements, aswell 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.
ITB - 7
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
partnedjoint 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);
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 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 parties shall execute the Bid.
H*.Wl
(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 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 %)of the 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 of the 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
ITB - 9
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 defiiciencies. 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 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 - 10
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
CONTRACT BID FORMS
BIDDER'
CONTRACT BID FORMS
TABLE OF CONTENTS
SECTION 1
BIDSCHEDULE ........................................ ...............................
SECTION 2
BID DATA FORMS .................................... ...............................
2.A
BID BOND .................................................. ...............................
2.13
LIST OF PROPOSED SUBCONTRACTORS ..........................
...................... 1
5
6
7
SECTION 3 NON - COLLUSION AFFIDAVIT .............................................. ............................... 10
BIDDER:
SECTION 1- BID SCHEDULE
CBF -1
BIDDER:
BID SCHEDULE
SCHEDULE OF PRICES FOR
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$
Dollar amount in written form
CBF -2
UNIT
ITEM
NO.
ITEM DESCRIPTION
UNIT
QTY.
PRICE
COST
1
Clearing & Grubbing per plans and
LS
1
specifications.
2
Disposal of Waste Materials_
LS
1
3
Remove, Dispose existing and
Tons
345
Construct 4- Inches Thick CMB 95 %
Relative Compaction Over 90 %
Compacted Native As Indicated on
Plans and Specifications Complete.
4
Construct 4- Inches Thick PCC
SF
11,850
Basketball Court (3250 PSI) as
Indicated on the Plans and
Specifications Complete-
5
Construct 4- Inches Thick Colored
SF
2,000
Concrete (Chromix) with
Lithochrome Colorhardener on top
per Plans and Specifications
Complete per LM Scofield Company
or Approved Equal.
6
Construct Concrete Seat Wall
LF
200
including grading, concrete stairs,
weep holes and miscellaneous as
indicated on the Plans and
Specifications Complete.
7
Install Basketball Court Pole and
EA
6
Backboard Per Manufacturer
Recommendations Complete; City
will provide equipment.
8
Install Basketball Court Striping as
LS
1
Indicated on the Plans and
Specifications Complete.
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$
Dollar amount in written form
CBF -2
El ,
Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in
the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the 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.
If awarded 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 of the
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 Bidders 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 or otherwise, needed by
Owner to award a Contract to the lowest responsible and responsive bidder.
CBF - 3
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.
BIDDER:
The undersigned acknowledges receipt, understanding and full consideration of the 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. If this
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
I.] 101 $0 0
M
Signature
Type or Print Name
Title
Bidder's /Contractor's State of Incorporation:
Partners or Joint Venturers:
Bidder's License Number(s):
Business Street Address
City, State and Zip Code
Telephone Number
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be required
to provide evidence that the person signing on behalf of the corporation,
partnership or joint venture has the authority to do so.
CBF -5
BIDDER:
SECTION 2
BID DATA FORMS
CBF -6
BIDDER:
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT as
Principal, and
as Surety, are held firmly bound unto the
CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of
DOLLARS
($ 1 , 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 ROSEMEAD PARK IMPROVEMENTS PROJECT— BASKETBALL
COURTS 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
am
Signature
By:
Signature
CBF -7
BIDDER:
2.13 LIST O F 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 of one -half of one 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 $ the er is greater, II f
, ate d shall further se forth ( ), g t rf 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.
Pursuantto Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty -four (24) additional hours afterthe 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 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 of one 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 of one -half of 1 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
BIDDER
2.B LIST OF PROPOSED SUBCONTRACTORS (continued)
rDuplicate Next 2 Pages if needed for haling additional subcontractors."]
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:
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:
Name and Location
of Subcontractor
Name:
Address:
Description of Work
to be Subcontracted
CBF -9
BIDDER:
24
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:
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
9
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
4.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF -10
BIDDER:
SECTION 3
NON- COLLUSION AFFIDAVIT
CBF - 11
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, ordivulged
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 1 20
(Seal)
Notary Public in and for
the State of California
My Commission Expires:
CBF -12
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
CONTRACT AGREEMENT
ANDINSURANCE
REQUIREMENTS
CONTRACTAGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this day of
, 20_ 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 forthe 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 [insert Name of
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 [insert Name or
Title], or his or her 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
[insert Name of Company]
Page 3 of [insert last page number of agreement]
other staff at all reasonable times.
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 of this
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
[insert Name of Company]
Page 4 of [insert last page number of agreement]
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) 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, 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 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 leastthirty
(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
[insert Name of Company]
Page 5 of [insert last page number of agreement]
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 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,
terms, or conditions of paymentto 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:VIII and satisfactory to the City. If a California - admitted surety insurer
issuing bonds does not meetthese requirements, the insurerwill 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 underthis 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 determined 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.
[insert Name of Company]
Page 6 of [insert last page number of agreement]
3.3.5 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 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 the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws an if the total otal com ensation is 1 000 0 0
, r more, Contractor e Co racto
p $ r a rees to full comply
9 Y PIY
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
fy and old 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 respectto all costs and expenses incurred underthis 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, uments proceedings, ti
P 9, and activities related to the
r
A m nt
gee a for a period of three (3) ars from the date. of final payment
) Y 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 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 performance of Services under this Agreement. Contractor shall be
[insert Name of Company]
Page 7 of [insert last page number of agreement]
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.
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 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
[insert Name of Company]
Page 8 of [insert last page number of agreement]
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 or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents orvolunteers, 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 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
[insert Name of Company]
Page 9 of [insert last page number of agreement]
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 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.
[insert Name of Company]
Page 10 of [insert last page number of agreement]
3.5.20 Authority to EnterAgreement. 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 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]
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
City Mayor
Attest:
09
Title:
Gloria Molleda
City Clerk
Approved as to Form:
Garcia Calderon Ruiz LLP
City Attorney
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
02108
Documenll
[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 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
[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 ofA- orbetter and
a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. 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]
Page 3 of [insert last page number of agreement]
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 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
D -3
[insert Name of Company]
Page 4 of [insert last page number of agreement]
additional cost 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 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.
Lim
[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 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
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
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 ROSEMEAD PARK
IMPROVEMENTS PROJECT — BASKETBALL COURTS 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 ROSEMEAD in
the sum of dollars,
($ ) , said sum being not less than 100% of the total
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
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 mannertherein 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.
PERFORMANCE BOND - 1
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the 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, orto the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this
day on 1 20
The rate of premium on this bond is
The total amount of premium charged,
(The above must be filled in by corporate surety.)
Principal /Contractor
By:
President
Surety
By:
Attorney -in -Fact
Derthousand.
PERFORMANCE BOND - 2
STATE OF CALIFORNIA )
ss.
COUNTY OF )
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.
(SEAL)
My Commission expires
Notary Public in and for said State
PERFORMANCE BOND - 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
1, certify that I am the
Secretary of the corporation
named as principal to the within 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.
PERFORMANCE BOND - 4
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
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
IMPROVEMENTS PROJECT — BASKETBALL COURTS 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
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 of the 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 required to be deducted, withheld, and paid over to the
PAYMENT BOND - 1
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 orto 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 1 20
Principal /Contractor
By:
President
Surety
By:
Attorney -in -Fact
PAYMENT 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
(surety) and acknowledged to me that he
subscribed the name of the (surety) thereto and his
own name as Attorney -in -Fact.
(SEAL)
My Commission Expires
Notary Public in and for said State
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 IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
PART "A"
GENERAL PROVISIONS
Standard Specifications. The Work hereunder shall be done in accordance with the
Standard Specifications for Public Works Construction ( "Greenbook "), 2009 Edition,
including all current supplements, addenda, and revisions thereof (hereinafter referred to
as "Standard Specifications "), these General Conditions and the Specifications and
Drawings identified in the Contract Documents. The Standard Specifications are referred
to and by this reference made apart hereof as though set forth at length. In the case of
conflict between the Standard Specifications and these General Conditions, these General
Conditions shall take precedence over, and shall be used in lieu of, such conflicting
provisions. The section headings in these General Conditions correspond to the section
headings of the Standard Specifications. In the event a section heading contained in the
Standard Specifications is not referenced in these General Conditions that section shall
read exactly as stated in the Standard Specifications.
Supplemental Reference Specifications. Insofar as references may be made in these
Special Provisions to the Caltrans Standard Specifications, such work shall conform to the
referenced portions of the technical provisions Caltrans Standard Specifications, 2006
edition, only of said reference specifications, provided, that wherever the term "Standard
Specifications" is used without the prefix "Caltrans ", it shall mean the Standard
Specifications for Public Works Construction ( "Green Book "), 2009 Edition, as previously
specified in the above paragraph.
GENERAL PROVISIONS - 1
PART 1 - GENERAL PROVISIONS
SECTION 1 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 - 2
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 Contractform, 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 - 3
SECTION 2 SCOPE AND CONTROL OF WORK
The construction of PCC sidewalk, curb and gutter, driveway approach and appurtenances.
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
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 Companythereby 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 and Payment bonds, shall be made to the
Contractor until the Contractor provides the aforementioned Subcontractor bonds to the
Contractor."
GENERAL PROVISIONS - 4
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
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 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
GENERAL PROVISIONS - 5
shall conform to such explanation or interpretation as part of the Contract, so far as may be
consistent with the intent of the 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 of the
"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:"
1- 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
information 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 the Plans will be provided by the City
at its expense."
GENERAL PROVISIONS - 6
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 Contractor Surveyor. Temporary control shall be protected in place. Any
temporary control disturbed by the contractor shall be replaced at the contractor expense
and no additional compensation shall be allowed therefore. "
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 of performance and rate of progress of the 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."
GENERAL PROVISIONS - 7
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 Permit or railroad permit."
GENERAL PROVISIONS - 8
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."
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 of the 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 - 9
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 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, orfor 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 i
g manner as f the work were to be aid for as extra work a v'
p r s provided
GENERAL PROVISIONS - 10
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."
"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 p p r uant 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 b adjusting the Contract Unit Price as hereinafter provided, Y 1 9 p d, 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 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."
GENERAL PROVISIONS - 11
"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 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)
Labor
2)
Materials
3)
Equipment rental
4)
Other items and expenditures
5)
Subcontracts (1st tier only)
6)
Lower tier subcontractors
24 percent (includes bonding)
15 percent
15 percent
15 percent
5 percent
none
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."
GENERAL PROVISIONS - 12
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 - 13
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 -14
"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
P +Y
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, technical specifications, samples, or published
documents relating to the performance and physical characteristics of the proposed
GENERAL PROVISIONS - 15
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
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 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 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 of 2 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 1 and 2 of the
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 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 interestto 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 whatsoever (including, but not limited to, strikes,
GENERAL PROVISIONS - 19
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 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: (1) 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 n robl ms labor strikes, e r takes labor unrest or labor shortages of an
P problems, 9 y
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 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
GENERAL PROVISIONS - 20
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 of the 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 one (1) 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."
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 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 defective 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 of work performed under the Contract or any alteration
thereof."
GENERAL PROVISIONS - 22
6 -9 LIQUIDATED DAMAGES.
Section 6 -9 of the 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 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:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools"
-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 sec.
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 permitted to work more than
eight (8) hours in any calendar day or forty (40) hours in any one (1) calendarweek, except
when payment for overtime is made at not less than one and one -half (1 -112) 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
"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 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 of the 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, Contractorshall complywith 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
GENERAL PROVISIONS - 25
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 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
tegory
Minimum Requirements
BMPs
ediment
Sediments generated on the project site shall be
Sediment
ntrol
r2.Co
retained using adequate Treatment Control or
Control
Structural BMPs.
Constru ction - related materials, wastes, spills or
Site
Constructi
residues shall be retained at the project site to avoid
Management;
on
discharge to streets, drainage facilities, receiving
Material and
Materials
waters, or adjacent properties by wind or runoff.
Waste
Control
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
Erosion
Control
by implementing an effective combination of BMPs,
Control
such as 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 (www.cabmphandbooks.com —
GENERAL PROVISIONS - 26
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 Cityfor 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 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 Acrethreshold 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` Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576 -6600; Fax: (213) 576 -6640
Internet Address: hftp: / /www.swrcb.ca.gov /— rwacb4
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
GENERAL PROVISIONS - 27
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 of a
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.cabmohandbooks.com) in conjunction with all activities and construction
operations:
GENERAL PROVISIONS - 28
1. Construction Practices (NS2, NS3, NS4, and NS6)
2. Material and Waste Management (WM01, WMO2, and WM04)
3. Vehicle and Equipment Management (NS8, NS9, and NS10)
4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2)
5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2)
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stormwater Quality Association Los Angeles County DPW
P.O. Box 2313 Cashier's Office
Livermore, CA 94551 900 South Fremont Avenue
www.cabmphandbooks.com 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 may
be 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
GENERAL PROVISIONS - 29
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).
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 Contractorshall immediately reportthe incidentto
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
GENERAL PROVISIONS - 30
(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:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. 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 permittee, 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.
I. 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 orfunctioning 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
GENERAL PROVISIONS - 31
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
rom tl remove the equipment and shall not return said
9 � ui
promptly Y q P
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 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 forconditions 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 9 uards; 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 if
the 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."
GENERAL PROVISIONS - 32
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 II or Class III disposal site; (2) subsurface or
latent physical conditions atthe 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. I n 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 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
GENERAL PROVISIONS - 33
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, 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, Contractorshall pay
and satisfy anyjudgment, 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 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."
GENERAL PROVISIONS - 34
- END OF SECTION -
GENERAL PROVISIONS - 35
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 of
quantities, 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 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)."
GENERAL PROVISIONS - 36
"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 P erformed and a
progress estimate of the value thereof before the tenth (10th) day of the followin g month.
The City hall review wand make payment on all approved charges within the time required
by Public Contract Code Sections 20104.5 et seg."
"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 Ownerto 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
5 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 - 37
GENERAL PROVISIONS - 38
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
PART "B"
SUPPLEMENTAL GENERAL
CONDITIONS
SUPPLEMENTARY GENERAL CONDITIONS
10 -1 GENERAL
10 -1.1 Description of Work
The work consists in removing and replacing existing pcc sidewalk, curb and
gutter and miscellaneous concrete work.
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.
SUPPLEMENTARY GCs -1
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 thirty 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.
SUPPLEMENTARY GCs -2
10-3 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Standard
Specifications for Public Works Construction (Greenbook)," latest edition,
including all supplements, and applicable provisions of Caltrans Standard
Specifications, latest edition.
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.
SUPPLEMENTARY GCs -3
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 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
SUPPLEMENTARY GCs -4
I
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. 5 % retention will be paid 35 days after Notice of
Completion was recorded.
10-11 SURVEY MONUMENTS
See Section 2 -9 Surveying of the General Provisions Page — 7.
SUPPLEMENTARY GCs -5
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.
SUPPLEMENTARY GCs -6
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.
SUPPLEMENTARY GCs -7
CITY OF ROSEMEAD
ROSEMEAD PARK IMPROVEMENTS PROJECT
BASKETBALL COURTS
PROJECT No. 41020
PART "C"
TECHNICAL PROVISIONS
TECHNICAL PROVISIONS
SECTION 1 -SITE MAINTENANCE
1.01 General. The Contractor shall maintain the construction site in a neat and orderly
condition, free from trash and waste construction materials at all times. Unattended
construction materials, equipment, and trash shall be left in a manner to not constitute a fire
hazard nor become a nuisance or danger due to rain, wind, or other forces of nature.
The Contractor shall provide and maintain enclosed toilets for the use of employees
engaged in the work. These accommodations shall be maintained in a neat and sanitary
condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
The Contractor shall provide proper barricades with flashing lights properly working and
temporary fencing to insure a safe construction site. The Contractor shall maintain the work
site in a manner that assures adequate access to workers and other authorized personnel.
The Contractor shall provide proper traffic control in all construction areas.
1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to
abate undue dust. Application of water for dust control shall be under the control of - the
Engineer and shall be applied in the amounts and at locations designated by the Engineer
or other City Representatives.
1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm
or other water from flowing uninterrupted along the existing street drainage courses.
Diversion of water for short reaches to protect construction may be permitted if public or
private properties are not threatened with damage. Should such diversions be necessary,
the Contractor shall obtain written permission from the applicable public agency or property
owner before the Engineer will permit any diversion of water outside rights -of -way or normal
drainage courses.
1.04 Protection of Existing Improvements. Construction operations shall be conducted in a
manner that assures all permanent facilities and improvements, as well as temporary
improvements which remain during the life of this contract, are not subject to vertical
settlement or horizontal movement. The Contractor shall work around all existing utility
facilities. During construction the Contractor shall cooperate with the owners of any utility
that has manholes, vaults, valve covers or any other facilities within the construction area.
These facilities shall be completely protected by the Contractor. The Contractor shall
exercise care to prevent asphalt material from being deposited on concrete surfaces.
Unless otherwise specked, all costs for protection of existing improvements shall be
absorbed in the various items of work and no separate payment shall be made for them.
1.05 Restoration of Existing Improvements. All existing improvements removed or
damaged during construction shall be reconstructed in accordance with the applicable
TP -1
provisions of the Standard Specifications for Public Works Construction, 2009 Edition,
(hereinafter referred to as the Standard Specifications). The Contractor shall replace or
restore existing improvements to their original condition to the satisfaction of the Engineer
at no expense to the City.
1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste
material shall become the property of the Contractor and shall be disposed of by the
Contractor outside the limits of work in accordance with the applicable ordinances and
regulations of governmental agencies having jurisdiction.
1.07 Final Clean Up. After completion of all other work required under the contract, the
Contractor shall, at no expense to the City, clean up the work site including any and all
properties used by the Contractor during construction to the satisfaction of the Engineer.
The Contractor shall remove and dispose of all excess materials. The Contractor shall
repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or
nature which has been moved, damaged or altered in any way by the Contractor's
operations. The Contractor shall return all roadway and adjoining surfaces to their original
condition and appearance.
1.08 Payment. No separate payment will be made for Site Maintenance. All costs for
furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in the prices
bid for the various contract items of work.
SECTION 2 - CLEARING AND GRUBBING
2.01 General. Clearing and Grubbing shall conform to Section 300 -1, "Clearing and
Grubbing" of the Standard Specifications. In addition, the following items of work are
included under Clearing and Grubbing, unless otherwise covered by specific bid items:
A. Maintaining dust control at all times by watering and sweeping.
B. Providing traffic control and maintaining access, security and safety including all
signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in
these specifications.
C. Protecting in place of existing water mains, sewers, gas lines, water meters,
valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other
existing structures.
D. Removing, storing, and replacing removable and portable items and their safe
handling and keeping.
E. Providing temporary pumps, conduits, and any other necessary means to
convey waste waters in order to bypass the construction as needed and as approved by the
Engineer.
TP -2
F. Removing, relocating and replacing all sprinkler lines, heads, valves, and other
landscaping items interfering with the construction of improvements.
G. Removing and disposing of all existing improvements interfering with the construction
of new improvements and /or as required elsewhere in these specifications and not included
in other bid items.
H. Restoring landscaping or any other miscellaneous improvements damaged during
construction.
I. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting
from removing existing improvements that are not replaced and where excavations were
made for concrete forming.
J. Backfilling areas with clean topsoil; grading to join elevation of newly constructed
curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or
approved equal by the Engineer until the grass is established.
K. Coordinating the construction with all utility companies.
L. Obtaining permit from the appropriate water company for connection to fresh water
source and delivering water to the point of use and assuming payment of all fees and
payment for water used.
M. Remove, adjust to grade and replace (if necessary) any utility pull boxes (water
meter, gas valve, water valve, electrical meter, etc.) affected by this
improvement.
N. Remove, relocate, replace or modify (if necessary) any existing irrigation
system affected by this improvement.
O. Replace in kind any landscape damage or affected by this improvement.
2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price
under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation
for furnishing all labor, materials, tools, and equipment, and doing all work involved in
Clearing and Grubbing as specified above and as directed by the Engineer.
TP -3
SECTION 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF
THE PROJECT
3.01 General. Due to the nature of this project involving some inconveniences, the
Contractor shall respond to all complaints associated with the project that include any
alleged damage to private property and /or vehicles, within 24 hours of notification. Failure to
comply with this provision will result in an additional penalty of $50.00 per occurrence. The
City reserves the right, after 24 hours of notification, to respond to the complaint and repair
the alleged damage. The Contractor shall reimburse the City for all costs involved in
addressing the complaint, including any administrative costs incurred by the City.
3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices
informing those affected that construction will be performed in proximity to their property.
The notice shall be distributed not less than 48 hours before commencement of work. The
Contractor shall provide a sample notification to the Engineer for approval
3.03 "NO PARKING" Signs, The Contractor shall post temporary "NO PARKING" signs at
no cost to the City. The "NO PARKING" signs will be in place not less than 24 hours prior
to performing the work.
3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before
Commencement of the Project. All costs for furnishing all labor, materials, tools, and
incidentals and doing all the work involved, as specified herein and as directed by the
Engineer, shall be included in the prices bid for the various contract items of work.
SECTION 6 - PORTLAND CEMENT CONCRETE CONSTRUCTION
6.01 General Portland cement concrete construction shall be in accordance with Section
201, "Concrete, Mortar and Related Materials" and Section 303, "Concrete and Masonry
Construction" of the Standard Specification and as specified in the Standard Plans for
Public Works Construction (hereinafter referred to as Standard Plans) and details shown on
the Plans. The work required includes the removal and replacement of curb and gutter,
sidewalk, curb ramps, driveway replacement, cross gutter and local depression and the
construction as shown on the Plans.
6.02 Concrete Mix Concrete for curb and gutter, and local depression, shall be Class 520 -
C -3250 concrete specified by class in accordance with Section 201 - 1.1.2, "Concrete
Specified by Class and Alternate Class" of the Standard Specifications.
6.03 Payment Payment for Concrete Construction will be made at the unit price bids
under Bid Items No. 4, 5 & 6. The unit prices paid shall include full compensation for
furnishing all labor, materials, tools, and equipment to complete the work specified herein
and as directed by the Engineer, including the costs for removal, disposal, and disposal
fees.
TP -4