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CC - Item 4D - Approval of Plans and Specs and Authorization to Seek Bids for Curb House Numbering lStt ii / staff eport TO: FRANK G. TRIPEPI, CITY MANAGER FROM: KEN RUKAVINA, CITY ENGINEER DATE: NOVEMBER 3, 1999 RE: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR CURB HOUSE NUMBERING (FY 1999-2000) The subject project provides for the painting of curb house numbering throughout the City. The proposed schedule for construction is as follows: Receive Bids December 2, 1999 Award Contract December 14, 1999 Begin Work January 10, 2000 Complete Work April 14, 2000 The specifications have been reviewed and are acceptable to the City Engineer. The Engineer's estimate is $22,000. RECOMMENDATION It is recommended that the City Council approve the plans and specifications and authorize advertisement for bids by the City Clerk. Attachments KJR:kr 999rsmarstanmuory COUNCIL AGENDA NOV - 91999 ITEM No. LL ee p CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD �J►11 ` • ff i; ` ., Prepared By: Willdan Associates Engineers and Planners 12900 Crossroads Parkway South, Suite 200 Industry, California 91746-3499 116 (562) 908-6200 s CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD Prepared By: Willdan Associates Engineers and Planners 12900 Crossroads Parkway South, Suite 200 Industry, California 91746-3499 (562) 908-6200 Under the Supervision of , // / 99 ADEL M. FREIJ RCE 55564 Date 11925/3005/06-150 Speaspc9-52 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS A INSTRUCTIONS TO BIDDERS B PROPOSAL C CONTRACT AGREEMENT AND BONDS D GENERAL SPECIFICATIONS E SPECIAL PROVISIONS PART 1 - GENERAL PROVISIONS 1-1 - 1-23 PART 2 - CONSTRUCTION MATERIALS 2-1 - 2-2 PART 3 - CONSTRUCTION METHODS 3-1 - 3-3 INSURANCE REQUIREMENTS FOR CONTRACTOR APPENDIX I CITY OF ROSEMEAD NOTICE INVITING SEALED BIDS FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD PUBLIC NOTICE IS HEREBY GIVEN that the City of Rosemead as AGENCY, invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, 8838 East Valley Boulevard, Rosemead, California 91770, up to the hour of 11:00 a.m., on Thursday, December 2, 1999, at which time they will be publicly opened. Copies of the Plans, Specifications, and contract documents are available from the City of Rosemead,8838 East Valley Boulevard, Rosemead,California, upon payment of a$10.00 nonrefundable fee, if picked up, or payment of a $17.00 nonrefundable fee, if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages 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, California. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The AGENCY will retain 10 percent from all progress amounts due as specified in Section 9-3.2 of the Special Provisions. In accordance with Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code of the State of California, the Contractor may substitute with an escrow holder securities of equal value to the retained amount and the Contractor shall be beneficial owner of any securities deposited for monies and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of A-1 action it may have under Section 4 of the Clayton Act(15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the INSTRUCTIONS TO BIDDERS and submitted in a sealed envelope plainly marked on the outside. The bid must be accompanied by certified check, cashier's check or bidder's bond made payable to the AGENCY or cash deposit for an amount not less than 10 percent of the total amount bid. All bidders shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License, Class C-32 or C-33, at the time of bid submittal. The successful Contractor and his subcontractors will be required to possess business licenses from the City. The AGENCY reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of 45 days. BY ORDER OF the City of Rosemead, California. A-2 INSTRUCTIONS TO BIDDERS PROPOSAL FORMS Bids shall be submitted in writing on the proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified check, cashier's check or bidder's bid bond by an "admitted surety insurer" payable to the AGENCY or cash deposit in the amount not less than 10 percent of the total amount bid. Any proposal not accompanied by such a guarantee will be deemed non-responsive and will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantee of each bidder will be held until the successful bidder has properly executed all contract documents. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside,"SEALED BID FOR 1999-00 CURB HOUSE NUMBERING, PROJECT NO. 99-04, IN THE CITY OF ROSEMEAD - DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the NOTICE INVITING SEALED BIDS. Late proposals will be deemed non-responsive and will not be considered. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY's designated official prior to the bid opening hour stipulated in the NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations,alterations,or erasures. Alternative proposals will not be considered unless B-1 specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposals will be accepted from bidders who are not licensed in accordance with the provisions of the State Business and Professions Code; and who do not possess a State Contractor's License, Class C-32 or C-33, at the time of bid submittal. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals. EQUIVALENT MATERIALS Approval of equipment and materials offered as equivalents to those specified must be obtained in writing from the Engineer. Requests for consideration of equivalents must be submitted in writing within 35 days after award of contract and must allow sufficient time for complete consideration of all specifications, samples, references, tests, and other details to the full satisfaction of the Engineer without causing delay to the work. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, B-2 contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith. AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 45 days, all as may be required to provide for the best interests of the AGENCY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the Engineer's Estimate. B-3 CITY OF ROSEMEAD PROPOSAL FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD TO THE CITY OF ROSEMEAD, as AGENCY In accordance with AGENCY's NOTICE INVITING SEALED BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above-stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump-sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work,that the estimated quantities set forth in the BID SCHEDULE are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump-sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10-working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. C-1 BID SCHEDULE FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD ITEM ESTIMATED UNIT EXTENDED Na DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1. Paint house number 14,500 EACH $ $ on existing curb face. 2. Remove existing 200 EACH $ $ house number. TOTAL AMOUNT BID IN FIGURES $ TOTAL AMOUNT BID IN WORDS C-2 DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows: NAME, ADDRESS, AND TELEPHONE NUMBER OF SUBCONTRACTORS, PORTION OF WORK Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing to the City Engineer. C-3 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past 2 years: 1. Name and address of owner Name and Telephone number of person familiar with project Contract amount Type of work Date completed 2. Name and address of owner Name and Telephone number of person familiar with project Contract amount Type of work Date completed 3. Name and address of owner Name and Telephone number of person familiar with project Contract amount Type of work Date completed The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds: C-4 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. C-5 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone No. State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners,joint venturers, and/or corporate officers having a principal interest in this proposal: The date of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venturer of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venturer are as follows: All current and prior DBA's alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: C-6(a) IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this day of , 19 BIDDER: Subscribed and sworn to this day of , 19_ NOTARY PUBLIC C-6(b) CITY OF ROSEMEAD PROPOSAL GUARANTEE BID BOND FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD KNOW ALL MEN BY THESE PRESENTS that as BIDDER, 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, as AGENCY, in the penal sum of Dollars ($ ), which is 10 percent of the total amount bid by BIDDER to AGENCY for the above-stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above-stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. C-7(a) IN WITNESS WHEREOF the parties hereto have set their names,titles, hands, and seals, this day of , 19 BIDDER* SURETY' Subscribed and sworn to this day of , 19 NOTARY PUBLIC Provide BIDDER/ADMITTED SURETY name, address,and telephone number and the name,title, address, and telephone number for authorized representative. C-7(b) CITY OF ROSEMEAD CONTRACT AGREEMENT FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD This Contract Agreement is made and entered into for the above-stated project this day of , 19_, BY AND BETWEEN the City of Rosemead, as AGENCY, and , as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows: ARTICLE I The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions D-1 encountered in the prosecution of the work,suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V CONTRACTOR acknowledges the provisions of the State Labor Code requiring 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 certifies compliance with such provisions. ARTICLE VI CONTRACTOR agrees to indemnify, defend and hold harmless AGENCY and all of its officers and agents, including Willdan Associates, from any claims, demand, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. In the event the insurance coverage is on a claims made basis, the Contractor shall indemnify and hold harmless the City and all of its officers and agents, including Willdan Associates, from any and all claims, demands, or causes of action that arise after the expiration of the Contractor's current policy or after the service contract has ended, for any occurrences arising out of, or in any way related to the work undertaken by the Contractor. The liability insurance coverage values shall be: Insurance Coverage Limit Requirements Requirements Comprehensive General Liability $1,000,000 Product/Completion Operations $1,000,000 Contractual General Liability $1,000,000 Comprehensive Automobile Liability $1,000,000 A combined single-limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California. D-2 Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:Vlll by A.M. Best & Co. Any deviation from this rule shall require specific approval, in writing, from the City. Insurance shall name the City of Rosemead, its officers, agents, and employees, including Willdan Associates, as additional insured by endorsement of the Contractor's policy. A copy of the endorsement, showing policy limits, shall be provided to the City on or before signing this contract. ARTICLE VII CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein. ARTICLE VIII BLANK ARTICLE IX Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative and will be retained for 5 years after the expiration of this contract, unless permission to destroy them is granted by the City. D-3 IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 19 CONTRACTOR: (Title) Contractor's License No. Class CITY Business License No. Federal Tax Identification No. Subscribed and sworn to this day of , 19 NOTARY PUBLIC AGENCY: Mayor of the City of Rosemead Attested City Clerk of the City of Rosemead Date Approved as to form City Attorney of the City of Rosemead Date D-4 CITY OF ROSEMEAD FAITHFUL PERFORMANCE BOND FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR 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, as AGENCY, in the penal sum of Dollars ($ ), which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein,then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. D-5(a) IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 19 . CONTRACTOR* SURETY* Subscribed and sworn to this day of , 19 NOTARY PUBLIC Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. D-5(b) CITY OF ROSEMEAD MATERIAL AND LABOR BOND FOR 1999-00 CURB HOUSE NUMBERING PROJECT NO. 99-04 IN THE CITY OF ROSEMEAD KNOW ALL MEN BY THESE PRESENTS that , as CONTRACTOR, 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, as AGENCY, in the penal sum of Dollars ($ ), which is 50 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. D-6(a) IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of , 19_ CONTRACTOR* SURETY' Subscribed and sworn to this day of , 19 NOTARY PUBLIC • Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. D-6(b) GENERAL SPECIFICATIONS SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and contract documents. The general items of work include removal and painting of existing curb house numbers throughout the City of Rosemead. LOCATION OF WORK The general locations and limits of the work are at various locations within the City of Rosemead. TIME FOR COMPLETION The Contractor shall complete all work in every detail within sixty (60)working days after the date in the Notice to Proceed with Work, exclusive of maintenance periods. NOTIFICATION The Contractor shall notify WILLDAN ASSOCIATES and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct: WILLDAN ASSOCIATES (562) 908-6262 Attention: Mr. Adel Freij CITY OF ROSEMEAD (626) 288-6671 Attention: Mr. Ken Rukavina PACIFIC BELL (310) 324-3950 Attention: Mr. Pat Haupenshal THE GAS COMPANY (323) 881-8143 Attention: Mr. Abel Garcia SOUTHERN CALIFORNIA EDISON COMPANY (323) 720-5269 Attention: Mr. Bola Avorinde SOUTHERN CALIFORNIA WATER COMPANY (626) 446-1372 Attention: Mr. Dean Robinson E-1 SAN GABRIEL VALLEY WATER COMPANY (626) 448-6183 Attention: Mr. Luis Montenegro CITY OF MONTEREY PARK (626) 307-1320 Attention: Mr. Ronald Merry SAN GABRIEL COUNTY WATER DISTRICT (626) 287-0341 Attention: Mr. Steven Terra CALIFORNIA AMERICAN WATER COMPANY (626) 289-7924 Attention: Mr. Jay Burnett AMARILLO MUTUAL WATER COMPANY (626) 571-7533 Attention: Ms. Michele Andrews METROPOLITAN WATER DISTRICT (213) 217-7723 Attention: Mr. Benny Lee ADAMS RANCH MUTUAL WATER COMPANY (626) 444-6050 Attention: Mr. Dominic Cimarusti CHARTER COMMUNICATIONS (626) 463-1979 Attention: Ms. Beth King LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS (626 458-7039 Attention: Mr. Robert L. Grindle LOS ANGELES COUNTY SANITATION DISTRICT (213) 774-7272 Attention: Mr. John Redner UNDERGROUND SERVICE ALERT (800) 422-4133 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the County Sheriffs Department or the City Police Department prior to beginning work. STANDARD SPECIFICATIONS The Standard Specifications of the AGENCY are contained in the 1997 Edition of the "Greenbook," Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern E-2 California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970. The Standard Specificationsset forth above will control the general provisions,construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaborations,amendments, specifying of options, or additions are called out. E-3 SPECIAL PROVISIONS PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS AGENCY: City of Rosemead City: City of Rosemead Board: City Council of the City of Rosemead County: County of Los Angeles Engineer: The City Engineer of the City of Rosemead or his authorized representative Federal: United States of America SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT Within 10-working days after the date of the AGENCY's notice of award, the Contractor shall execute and return the following contract documents to the AGENCY: Contract Agreement Faithful Performance Bond Material and Labor Bond Public Liability and Property Damage Insurance Certificate Worker's Compensation Insurance Certificate Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. 1-1 The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-3 SUBCONTRACTS 2-3.1 General. The seventh paragraph of Subsection 2-3.1 of the Standard Specifications is hereby deleted and replaced with the following: The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude superintendence. Any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the Contract Unit or Lump-Sum Price. When a portion of an item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump-Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer. 2-4 CONTRACT BONDS The Faithful Performance Bond shall remain in force for a period of 1 year after the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. The second sentence of the third paragraph of Subsection 2-4 of the Standard Specifications is hereby deleted and replaced with the following: The "Payment Bond" (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. 1-2 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment. Subsection 3-3.2.1 is hereby deleted and replaced with the following. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, payment for extra work by cost plus a differential for labor, materials and equipment shall be considered payment under force account basis. The labor, materials, and equipment provided shall be subject to the approval of the Engineer and compensation will be determined as provided herein. 3-3.2.2 Basis of Establishing Costs. Subsection 3-3.2.2(a) is hereby deleted and replaced with the following. 3-3.2.2(a) Labor. The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor,whether the employer is the Contractor, subcontractor, or other forces will be the sum of the following: 3-3.2.2.(a).1 Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation, and similar purposes. 3-3.2.2.(a).2 Labor Surcharge. To the actual wages, as defined in Section 3-3.2.2.(a).1, will be added a labor sur- charge set forth in the Department of Transportation publica- tion entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accom- 1-3 Wished and which is a part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section 3-3.2.2(a).1 and subsistence and travel allowance as specified in Section 3-3.2.2(a).3. 3-3.2.2.(a).3 Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to such workmen. Subsection 3-3.2.2(c) is hereby deleted and replaced with the following: 3-3.2.2.(c) Equipment Rental. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation Publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished and which is a part of the contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may furnish any cost data which might assist the Engineer in the establishment of such rental rate. The rental rates paid as provided above shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs, and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Operators of rented equipment will be paid for as provided in Section 3-3.2.2(a), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. 1-4 Individual pieces of equipment or tools not listed in said publication and having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore. Rental time will not be allowed when equipment is inoperative due to breakdowns. 3-3.2.2(c).1 Equipment on the Work. The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own powers, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work. The following shall be used in computing the rental time of equipment on the work: 1. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 1/2 hour of operation. 2. When daily rates are listed, less than 4 hours of operation shall be considered to be 1/2 day of operation. 3-3.2.2.(c).2 Equipment not on the Work. For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date upon which the work is accomplished and which is a part of the contract, or determined as provided in Section 3-3.2.2(c) and for the cost of transporting the equipment to the location of 1-5 the work and its return to its original location, all in accor- dance with the following provisions: 1. The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance. 2. The Agency will pay the costs of loading and unloading such equipment. 3. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by estab- lished haulers. 4. The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission. 5. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day that the equipment is at the site of the extra work,excluding Saturdays,Sundays,and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment. The rental time to be paid per day will be in accordance with the following: Hours Equipment Hours to is in Operation be Paid 0 4 0.5 4.25 1 4.5 1.5 4.75 2 5 2.5 5.25 3 5.5 3.5 5.75 4 6 4.5 6.25 1-6 Hours Equipment Hours to is in Operation be Paid 5 6.5 5.5 6.75 6 7 6.5 7.25 7 7.5 7.5 7.75 8 8 Over 8 Hours in Operation The hours to be paid for equipment which is operated less than 8 hours due to breakdowns shall not exceed 8 less the number of hours the equipment is inoperative due to breakdowns. When hourly rates are listed, less than 30 minutes of operation shall be considered to be%z hour of operation. When daily rates are listed, payment for % day will be made if the equipment is not used. If the equipment is used, payment will be made for 1 day. The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than 8 hours or if on a daily basis shall not be less than 1 day. 6. Should the Contractor desire the return of the equip- ment to a location other than its original location, the Agency will pay the cost of transportation in accordance with the above provisions, provided such payment shall not exceed the cost of moving the equipment to the work. 7. Payment for transporting, loading and unloading equipment, as provided above, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis. When extra work, other than work specifically designated as extra work in the Plans and Specifications, is to be paid for on a force account basis and the Engineer determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the 1-7 performance of the contract,the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions: 1. The Engineer shall specifically approve the necessity for the use of particular equipment on such work. 2. The Contractor shall establish, to the satisfaction of the Engineer, that such equipment cannot be obtained from his normal equipment source or sources and those of his subcontractors. 3. The Contractor shall establish to the satisfaction of the Engineer that the proposed equipment rental rate for such equipment from his proposed source is reasonable and appropriate for the expected period of use. 4. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the Agency before the Contractor begins work involving the use of said equipment. 3.2.2(c).3 Owner-Operated Equipment. When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows: Payment for the equipment will be made in accordance with the provisions in Section 3-3.2.2(c), "Equipment Rental." Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workmen operating similar equipment already on the project or, in the absence of such other workmen, at the rates of such labor established by collective bargaining agreements for the type workman and location of work whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 3- 3.2.2(a), "Labor." To the direct cost of equipment rental and labor, computed as provided herein,will be added to the markups for the equipment rental and labor as provided in Section 3-3.2.3 "Mark-up." 1-8 3-3.2.3 Mark-up. The text of Subsection 3-3.2.3 is hereby deleted and replaced with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the mark-up for all overhead and profits, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections 3-3.2.2(a) and 3-3.2.2(b), "Materials," and 3-3.2.2(c), "Equipment Rental." Labor 20 Materials 15 Equipment Rental 15 Other Items and Expenditures 15 To the sum of the costs and mark-ups provided for in this subsection, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a subcontractor, the mark-up established in Subsection 3-3.2.3(a) shall be applied to the subcontractor's actual cost of such work, to which a mark-up of 10 percent on the first $2,000 of the subcontracted portion of the extra work and a mark-up of 5 percent on work added in excess of$2,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-5 DISPUTED WORK 3-5.1 Claims and Disputes During Performance: The following procedures and requirements shall apply and be fully complied with for any claim or dispute to be considered for payment as extra work: Procedure: A. The Contractor and the City shall make good-faith attempts to resolve any and all claims and disputes that may from time to time arise during the performance of the Work of this contract. If the Contractor considers any Work required of them to be outside the requirements of the Contract, or if they consider any instruction, meaning, requirement, ruling or decision of the City or its representative to be 1-9 unauthorized, they shall, within seven (7) calendar days after such demand is made, or instruction is given,file a written protest(dispute) with the City stating clearly and in detail their objection and reason therefore. The Contractor shall promptly comply with the Work required of them even though a written protest has been filed. If a written protest is not issued within seven (7) calendar days, the Contractor shall waive their right to further claim on the specific issue. B. The City will review the Contractor's written protest and provide a decision, if the contractor still considers the Work required of them to be outside of the requirements of the Contract,they shall so notify the City, in writing, within seven (7) calendar days after receiving the decision that a formal claim will be issued. Within thirty(30)calendar days of receiving the decision, the Contractor shall submit their claim and all arguments, justification, cost or estimate, schedule analysis, and detailed documentation supporting their position. Failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving their right to the subject claim. C. Upon receipt of the Contractor's formal claim, including all arguments, justification, cost or estimates,schedule analysis, and documentation supporting their position as previously stipulated, the City or its representative will review the issue and within thirty (30) calendar days from receipt of the Contractor's claim render a final determination. Certification: A. The Contractor shall submit with the claim their and Subcontractors' certifications under penalty of perjury that: 1. The claim is made in good faith. 2. Supporting data are accurate and complete to the best of the Contractor's knowledge and belief. 3. The amount requested accurately reflects the Contract adjustment for which the Contractor believes the City is liable. 4. If the Contractor is an individual, the certification shall be executed by that individual. 5. If the Contractor is not an individual, the certification shall be executed by an officer or general partner of the Contractor 1-10 having overall responsibility for the conduct of the Contractor's affairs. 6. If a false claim is submitted, it will be considered fraud and the Contractor may be subject to criminal prosecution. B. In regard to any claim or portion of a claim for Subcontractor work,the Contractor shall fully review said claim and certify said claim, under penalty of perjury, to have been made in good faith. C. Failure to furnish certification as required hereinbefore will result in the Contractor waiving their right to the subject claim. Claim Format A. The Contractor shall submit the claim justification in the following format: 1. Summary of claim merit and quantum plus clause under which the claim is made. 2. List of documents relating to claim: a. Specifications. b. Drawings. c. Clarifications/Requests for information. d. Schedules. e. Other. 3. Chronology of events and correspondence. 4. Analysis of claim merit. 5. Analysis of claim cost. 1-11 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within 1 year after the date of recordation of the Notice of Completion. Within this 1-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within 30 days after the date of the Engineer's written notice. 4-1.4 Test of Materials. Except as elsewhere specified, the AGENCY will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.5 Certification. A Certificate of Compliance shall be furnished prior to the use of any materials for which these Specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these Specifications or in the Special Provisions,the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Plans and Specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not. The Agency reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. 1-12 The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 4-1.6 Trade Names or Equals. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. SECTION 5 - UTILITIES 5-1 LOCATION The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in the General Specifications. 5-4 RELOCATION The second sentence of the last paragraph of Subsection 5-4 of the Standard Specifications is hereby deleted and replaced with the following: When not otherwise required by the Plans and Specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Subsection 5-1 of the Standard Specifications. The Contractor shall ascertain further detailed information to coordinate his work to this effect. All notification of utility companies shall be done by the Engineer based on Contractor's request as submitted to the Engineer at least 24 hours in advance of the needed work. Any costs for delay of the Contractor by utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect, except for the utility company not responding at their agreed time before the 24-hour period elapses. 1-13 Compensation for idle time due to delays shall be in conformance with Subsection 8-1.09 of the State Standard Specifications wherein reference to Section 4-1.03D shall mean Subsection 3-3.1 of the Standard Specifications. SECTION 6 - PROSECUTION. PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The Contractor's proposed Construction Schedule shall be submitted to the Engineer within 10-working days after the date of the AGENCY's execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials of equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed with Work, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit periodic Progress Reports to the Engineer by the 5th day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-2 PROSECUTION OF WORK The following is hereby added to Section 6-2: The City shall be divided into three quadrants: one north of the 10 Freeway,and two south of the 10 Freeway - one on the east and one on the west of Walnut Grove Avenue. All painting shall be completed in one quadrant at a time before any work begins in a new quadrant. 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 General. If the Contractor desires payment for a delay as specified in Subsection 6-6.3 of the Standard Specifications, it shall notify the Engineer in writing within 3 days of beginning of the delay. If the Contractor desires an extension of time as specified in Subsection 6-6.2 of the Standards Specifications, it shall notify the Engineer in writing within 3 days of beginning of the delay. Such notice shall specify the nature of the delay and the conditions which set the beginning time for the delay. 1-14 Utility delays subject to the provisions of Subsection 5-5 of the Standard Specifications shall only be granted time extensions or payment for delay based on strict conformance with Subsections 6-6.2, 6-6.3, and 6-6.4 in the Standard Specifications and as those subsections are modified in the General Conditions. 6-6.3 Payment for Delays to Contractor Compensation for idle time due to delays shall be in conformance with Subsection 8-1.09 of the State Standard Specifications wherein reference to Section 4-1.03D shall mean Subsection 3-3.1, of the Standard Specifications. 6-6.4 Written Notice and Report. The first sentence of subsection 6-6.4 is hereby deleted and replaced with the following: If the Contractor desires payment for a delay as specified in Subsection 6-6.3 of the Standard Specifications, it shall notify the Engineer in writing within 3 days of beginning of the delay. If the Contractor desires an extension of time as specified in Subsection 6-6.2 of the Standards Specifications, it shall notify the Engineer in writing within 3 days of beginning of the delay. Such notice shall specify the nature of the delay, cause, and the conditions which set the beginning time for the delay. 6-7 TIME OF COMPLETION 6-7.1 General. The time for completion shall be as noted in the General Specifications. 6-7.2 Working Day. The Contractor's activities shall be confined to the hours between 7 a.m. and 3:30 p.m. Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES The liquidated damages value is hereby amended to be two hundred and fifty dollars ($250) per day. 1-15 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 86 dBA at the distance of 15 meters (50 feet) shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 7-2 LABOR 7-2.2 Laws. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 LIABILITY INSURANCE The first four paragraphs of Section 7-3 are amended to read as follows: The Contractor shall furnish the AGENCY a policy or certificate of liability insurance in which the AGENCY and all of its officers, consultants and agents, including Willdan Associates, are named insured or are named as an additional insured with the Contractor. Notwithstanding any inconsistent statements in the policy or any subsequent endorsement attached thereto, the AGENCY and all of its officers, consultants and agents, including Willdan Associates,shall be the insured or named as an additional insured covering the Work, whether liability is attributable to the Contractor or the AGENCY or its officers, consultants or agents, including Willdan Associates. The policy shall insure AGENCY and all of its officers, consultants and agents, including Willdan Associates, while acting within the scope of their duties of the Work, against all claims arising out of or in connection with the Work, except as provided for in Subsection 6-10. 1-16 The Contractor may file insurance acceptable to the AGENCY covering more than one project. The coverage shall provide the following minimum limits: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $1,000,000 Product/Completed Operations Hazard $1,000,000 Comprehensive Automobile Liability $1,000,000 Contractual General Liability $1,000,000 A combined single-limit policy with aggregate limits in the amount of$2,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an"admitted surety insurer'duly authorized to transact business under the laws of the State of California. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:Vlll by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the City. Except as provided for in Subsection 6-10, the Contractor shall save, keep, and hold harmless the AGENCY and all of its officers,consultants, and agents, including Willdan Associates, from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor, any of the contractors employees, or any Subcontractor. The AGENCY and all of its officers, consultants, and agents, including Willdan Associates, will not be liable for any accident, loss, or damage to the Work prior to the completion or acceptance, except as provided for in Subsection 6.10. The Contractor's insurance shall also comply with the requirements of Appendix I, "Insurance Requirements for Contractors". A copy of the endorsement, showing policy limits, shall be provided to the City on or before signing this contract. 7-5 PERMITS The text of Subsections 7-5 of the Standard Specifications is hereby deleted and replaced with the following: Prior to the start of any work, the Contractor shall take out the applicable City permits and make arrangements for City inspections. The City will issue the permits 1-17 at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates or authorizations required by any governing body or entity. The Contractor shall pay all cost incurred by the permit requirements. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following: The Contractor shall relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations,such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. The last paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing or re-establishing existing improvements shall be included in the bid. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer. At least one 3.60 meters (12 feet)wide traffic lane shall be provided for each direction of travel on all streets at all times, except as permitted by the 1-18 Engineer. The traffic lanes shall be maintained on pavement and shall remain unobstructed. Clearances from traffic lanes shall be 1.5 meters (5 feet)to the edge of any excavation and 0.60 meters (2 feet) to the face of any curb, pole, barricade, delineator or other vertical obstruction. One 1.2 meters(4-feet)wide paved pedestrian walkway shall be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane shall be 1.5 meters (5 feet). 7-10.3 Street Closures, Detours, Barricades. Street closures will not be allowed, except as specifically permitted by the Engineer. The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions shall conform to the Caltrans Traffic Manual, Section 5-08.4, "Transition Area." Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain. The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours and over Saturdays, Sundays, and holidays. Any corrective work required to be done by Agency forces shall be back charged to the Contractor based on the actual costs, plus Agency overhead and withheld from the final payment. 7-10.5 Protection of the Public. Subsection 7-10.5 is hereby added to Section 7 of the Standard Specifications as follows: It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property which would result from interruption or contamination of public water supply, interruption of other public service or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to 1-19 protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period,the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 7-15 RECYCLING OF MATERIALS Subsection 7-15 is hereby added to the Standard Specifications. 7-15.1 Contractor's Obligation. Recycling of Asphalt Concrete, Portland Cement Concrete,Aggregate Base,and Green Waste(trees and shrubs)are required. All recycled materials shall be weighed on a certified weigh scale with weight tickets showing project name. RECORDS OF DISPOSAL, INCLUDING WEIGHT OF MATERIALS, SHALL BE SUBMITTED TO THE AGENCY ON A MONTHLY BASIS. The Contractor is obligated, under this contract,to recycle the waste material through an approved recycling plant. Payment for recycling of materials shall be included in the unit price for other items of work. No additional payment will be made for recycling of materials. 1-20 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL No field offices for AGENCY personnel shall be required,however,the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor if so provided by the Contractor for his own personnel. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.2 Partial and Final Payment. The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor shall prepare the approximate measurement of the quantities of work performed through the closure date and submit it to the AGENCY by the 5th day for approval by the 10th day of the following month. When the work is complete, the Engineer will determine the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within 30 days following the 10th day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions. A full 10 percent will be retained from all progress amounts due. The retained amounts will be authorized for final payment 35 days after the date of recordation of the Notice of Completion. The Contractor, however, may receive interest on the retained amounts or receive the retained amount itself so long as securities equivalent to the retained amounts are substituted with escrow holder approved by the Agency. At the request and expense of the Contractor, retained amounts or securities equivalent to the retained amounts may be deposited with the State Treasurer or a State or Federally chartered bank approved by the Agency as the escrow agent, who shall return such monies or securities to the Contractor upon satisfactory completion of the contract. 1-21 Securities eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, and standby letters of credit. Any escrow agreement entered into shall contain the following provisions and shall be substantially similar to the form"Escrow Agreement for Security Deposits in Lieu of Retention as Contained in Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code." 9-3.2.1 Claims. Procedures for final payment are hereby supplemented by Caltrans' Standard Specifications, Subsection 9- 1.07B, Final Payment and Claims, and Subsections 9-1.03C, 9-1.04, and 9-1.09 where they are referenced from as they pertain to Subsection 9-1.076. References originating in Subsection 9-1.078 to Subsections 4-1.03, 8-1.06, 8-1.07, 9-1.03A, and 8-1.10 shall refer to Subsections 3-4,6-7,6-6, 3-3, and 5-5 respectively of the Standard Specifications. Where Director, Deputy Director, District or State are referenced, it shall mean Agency. 9-3.2.2 Alternative Dispute Resolution. After submittal of the proposed final estimate to the Contractor, a meeting shall be held promptly between Contractor and Agency,attended by the individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of claims arising under or related to performance of the contract. If, within 30 days after such meeting, the parties have not succeeded in negotiating a resolution of the claims, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the parties (the "neutral"). If they have been unable to agree upon such appointment within 40 days from the initial meeting, the parties shall seek assistance in finding a mutually acceptable neutral. If the parties are unable to agree on a neutral, either party may request that the presiding judge of the Superior Court which would have jurisdiction of the matter if a suit were filed, to appoint the neutral. The fees of the neutral shall be shared equally by the parties. In consultation with the neutral, the parties will select or devise an alternative dispute resolution procedure ("ADR") by which they will attempt to resolve the dispute, and, if the parties are unable to agree on such matters within 20 days after the initial consultation with neutral, the procedure, time, and place for the ADR to be held will be decided by the neutral. Unless circumstances require otherwise, the 1-22 ADR shall be held not later than 60 days after selection of the neutral. The parties agree to participate in good faith in the ADR to its conclusion as designated by the neutral. If the parties are not successful in resolving the dispute through the ADR, then the parties may agree to submit the matter to binding arbitration, or a private adjudicator, or either party may seek an adjudicated resolution through the appropriate court. 9-3.3 Delivered Materials. Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress partial payment. 1-23 SPECIAL PROVISIONS PART 2 CONSTRUCTION MATERIALS SECTION 210 - PAINT AND PROTECTION COATINGS 210-1 PAINT 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. 210-1.6.1 General. 210-1.6.1.1 Paint for House Numbering. Paint shall be white, luminous, with directional reflexivity not less than 80 percent relative to magnesium oxide. The pigment of the paint shall not be less than 52 percent nor greater than 58 percent of the total composition of the project. The vehicle of the paint shall not be less that 42 percent nor greater then 18 percent of the total composition of the project. The vehicle shall contain not less than 39 percent non-volatile materials. The paint shall have a viscosity in Krebs Units, as determined in the Krebs-Stormer Viscosimeter(ASTM D-562-55), within a range of 74 to 84. The paint shall have a 30-minute drying time when applied in an 0.008-inch film thickness. • The paint shall meet flexibility, bleeding, dilution, hiding power, settling and stability tests-both Federal and Los Angeles County methods of testing. The paint shall be properly ground by mill grinding to a uniform consistence, with the pigments and vehicle mixed to a smooth paste. The pigments shall not settle excessively not cake in the containers, and shall be readily broken up with a paddle to a consistency ready for spray application. The materials shall be free from all deleterious material and defects and imperfections that might affect the serviceability of the finished product. 2-1 The paint shall show inherent capabilities for retention of glass sheers, and shall be suitable for application to portland cement concrete without bleeding or other discoloration. The paint shall dry with a tough, flexible, adherent film which will not crack, chip, peel, discolor, or excessively fade with exposure. Paint for letters shall be black, in conformance with Subsection 210- 1.6. 2-2 SPECIAL PROVISIONS PART 3 CONSTRUCTION METHODS SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.1 General. Painting of house numbering should be performed as specified within Subsection 310-5.6. Paint materials shall conform to Subsection 210-1.6. A foreman shall be on the project during all periods of work. The foreman shall have a pager on his person. The City shall be divided into three quadrants: one north of the 10 Freeway, and two south of the 10 Freeway-one on the east and one on the west of Walnut Grove Avenue. All painting shall be completed in one quadrant at a time before any work begins in a new quadrant. Apply paint only in dry weather with temperature above 55°F and rising and humidity below 75 percent. Apply at a rate of 350 to 400 square feet per gallon for a film thickness of 8 to 10 mils. 310-5.6.1.2 House Numbers. House numbers shall be installed in conformance with this Subsection. Agency will provide a list of streets to receive curb house numbers. White background and black numerals shall be applied, 8 mils maximum thickness. 310-5.6.1.2.1 Format and Size. A white field with black numerals shall be painted on the curb at each address. The field shall be 14 inches long and 6 inches in height. The field shall be reflectorized by clear glass spherical beads, applied with force against the field paint while it is still tacky, and the beads must be firmly bonded to the paint upon drying. The numbers shall be 2 inches in width and four inches in height. The numbers shall be centered in the field with a 1-inch space between each. There shall be a 1- 3-1 inch border at the top and bottom, and 1'Winch borders at both ends of the house numbers. 310-5.6.1.2.2 Location. The numbers are to be located so that the tops of all the numerals are 1-inch below the top of the curb. The numbers shall be parallel with the top of the curb and the axis of each numeral shall be perpendicular to the top of the curb. One all interior lots: The house number shall be painted on the curb face a distance of 3 inches from the beginning of the curb transition for the driveway. The side of the driveway on which the numbers are to be painted will vary and may be determined by which side of the lot the driveway is on. On corner lots: The house number will be painted on the front of the lot only. If the driveway entrance is located on the front of the lot, then the aforementioned pattern will be followed. However, if the driveway is on the side of the lot, the number will be painted directly in line with the front entrance to the house. On lots with more than one address: The field shall be located in the same position as indicated by the pattern, but will be 30 inches long. The lowest number will be located on the left of the field with the required border spaces, the highest number will be located on the right side of the field with the required border spaces. A 2--inch hyphen (-) must be centered between the two numbers. 310-5.6.1.2.3 Removal of Old Numbers. If the existing numbers are painted on the curb face in the specified location,then the new number shall be painted over the existing number. If the existing numbers are painted on the curb face but not in the aforementioned location,the old number is to be removed. The method may vary, but no method may be employed that would in any way damage the existing curb. No removals shall be performed without specific approval at each location by the Engineer. Locations 3-2 that may be candidates for removal shall not have new numbering painted until removal has been determined by the Engineer. 306-5.6.10 Measurement and Payment. The first sentence of Subsection 310-5.6.10 is hereby deleted and replaced with the following: The quantity of house numberings and house numbering removals, shall be measured as units determined from actual count in place. The unit price shall include all work, materials, and incidentals to complete the work in every detail as specified, and no additional compensation will be provided therefor. 3-3 APPENDIX I INSURANCE REQUIREMENTS FOR CONTRACTORS INSURANCE REQUIREMENTS FOR CONTRACTORS (with Construction Risks) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work here under by the Contractor, his agents, representatives, employees, or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code I (any auto). 3. Workers' Compensation Insurance as required by the State of California and Employers' Liability Insurance. 4. Course of Construction insurance form providing coverage for "all risks" of loss (if required by the contract). Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Course of Construction: Completed value of the project. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Agency. At the option of the Agency, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Agency, its officers, officials, employees, agents, and volunteers, including Willdan Associates are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied, or used by the Contractor, or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees, agents, or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees, agents, and volunteers, including Willdan Associates. Any insurance or self-insurance maintained by the Agency, its officers, officials, employees, agents, or volunteers, including Willdan Associates shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees, agents, or volunteers, including Willdan Associates. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to the Agency. Course of construction policies shall be purchased by the Contractor only if required by the contract. Agency may obtain course of construction insurance under its existing property insurance program or through other means. If Contractor obtains this coverage, policies shall contain the following provisions: 1. Agency shall be named as loss payee. 2. The insurer shall waive all rights of subrogation against Agency. Acceptability of Insurers Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A:VII. Verification of Coverage Contractor shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences.As an alternative to the Agency's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these Specifications. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, except that subcontractor shall not be responsible for obtaining course of construction insurance. • 3.0