CONSTRUCTION CONTRACT
– PROJECT NO. CP 230002
SAFE STREETS STREETLIGHT RETROFIT
1. Parties and Date.
This Contract is made and entered into this ________________ day of ___________, ____________ by and between the City of Merced, a California Charter Municipal Corporation of the State of California (“City”) and Tennyson Electric LLC with its principal place of business at 7275 National Drive, Suite A-2, Livermore, CA 94550 (“Contractor”). City and Contractor are are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. Recitals.
2.1 City. City is a California Charter Municipal Corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing services such as replacement of streetlights. The following license classifications are required for this Project: Class A or Class C-10 license
2.3 Project. City desires to engage Contractor to render such services for the SAFE STREETS STREETLIGHT RETROFIT– Project No. CP 230002 as set forth in this Contract.
2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
3. Terms
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Addenda
• Change Orders executed by the City
1 Attachment 3
• Latest Edition of the Standard Specifications for Public Works Construction (Green Book), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive it s right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or a rticle that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” 2 material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $5,200 per day 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.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and 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 Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including any required business license, and that such licenses and approvals shall be maintained throughou t the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor 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 under this Contract and as required by law. Contractor shall be responsible for all reports and obligations 3 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below -referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of (“Total Contract Price”) provided
that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. C ontractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers, or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; One Million Ninety-
Three Thousand Seven Hundred and Fifty Dollars ($1,093,750.00) 4 (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. 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 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 Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. 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.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such pay ments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in thi s Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 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.
Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since 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 Contract upon request. 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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. Contractor and any subcontractor shall forfeit a penalty 5 of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentice s upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is fo und to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certifi ed payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to re view, fill out and execute the Public Works 6 Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop ord ers shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regu lations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely respon sible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standa rd provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, 7 or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. 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.
3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City res erves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contr actor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regu lations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in pa ragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
8 3.8.3 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 Contract or the Work, 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 Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If 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. City is a public entity of the State of Cali fornia subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total 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 California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not 9 be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accorda nce with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the 10 time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 11 3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payme nt due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with 12 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures..
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
13 3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.
3.12 Indemnification.
3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations . Contractor shall defend, w ith counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized 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 officials, employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, 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 hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor 14 shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give th e City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agr ees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self- 15 insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insuran ce policy which arise from work performed by Contractor.
3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
16 3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall e xecute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 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 effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City.
To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall 17 perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the eve nt that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Comp ensation 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any emplo yee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.
3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“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.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). F ollowing approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall 18 supervise and direct the Work, using his best skill a nd attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision
3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City 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, 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 Contrac t. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Tennyson Electric LLC
7275 National Drive, Suite A-2
Livermore, CA 94550
Attn: Michael Tennyson, President
19 CITY:
City of Merced
2525 “O” Street
Merced, California 95340
Attn: Rick Maddox, PE
Interim City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Governing Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. 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 20 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 Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Office r as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violati on. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.
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21 EXHIBIT “A” - SERVICES / SCHEDULE
ITEM
NO. ITEM
UNIT
OF
MEAS
URE
ESTIMATED
QUANTITY
UNIT PRICE
(IN FIGURES)
ITEM TOTAL
(IN FIGURES)
1 Permits, Bonds, Licenses & Insurance LS 1 $12,500.00 $12,500.00 2 Public Convenience and Safety LS 1 $43,750.00 $43,750.00 3 Remove and Replace HPS with LED Light
on existing Galvanized Pole
Local - 37 Watts – Leotek Model #
GCJ2-30J-MV-40K-2R-GY-060-WL-FOC-PCR7
EA 1440 $415.00 $597,600.00
4 Remove and Replace HPS with LED Light
on existing Galvanized Pole
Collector - 54 Watts – Leotek Model #
GCJ3-30J-MV-40K-2R-GY-080-WL-FOC-PCR7
EA 357 $415.00 $148,155.00
5 Remove and Replace HPS with LED Light
on existing Galvanized Pole
Arterial - 89 Watts – Leotek Model #
GCM2-60J-MV-40K-2R-GY-140-WL-FOC-PCR7
EA 351 $415.00 $145,665.00
6 Remove and Replace HPS with LED Light
on existing Galvanized Pole
Divided Arterial -89 Watts – Leotek Model #
GCM2-60J-MV-40K-2R-GY-140-WL-FOC-PCR7
EA 352 $415.00 $146,080.00
TOTAL BID $1,093,750
The work to be performed includes, but not limited to, the removal of City-owned HPS street lights and replacement with LED fixtures. All work must be in compliance with applicable Federal, State, and local rules and regulations. This project changes out approximately 2,500 existing HPS street light heads with new LED energy efficient street lights throughout the City of Merced. This project shall replace some of the City's HPS street lights on local and collector streets, and arterials. The City is working with a third party to recycle HPS fixtures; the selected conversion contractor will not be responsible for the disposal of HPS lights.
Such other items or details, not mentioned above, that are required by the Drawings and Technical Specifications Plans, City of Merced Standard Specifications and Typical Details, and the Special Conditions shall be performed, placed, constructed, or installed.
The project is located various locations across City of Merced. Bids are required for the entire work described herein.
The work shall be Completed within 90 working days of Notice to Proceed.
23 EXHIBIT “B”- PLANS AND SPECIFICATIONS
24 1
CITY OF MERCEDCITY OF MERCEDSAFE STREETS STREET LIGHTSRETROFIT EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
COVER SHEETLOCATION MAPS (COMMUNITY FACILITIES AND MAINTENANCEDISTRICTS)LOCATION MAPS (STREET LIGHTS)GENERAL NOTESDEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 1DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 1DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 2DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 3 & 4DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 5DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 5 & 6DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 7 & 8DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 9, 107 & 127DEMOLITION PLAN / CONSTRUCTION PLAN - G ST SITE & OLIVE AVE SITEDEMOLITION PLAN / CONSTRUCTION PLAN - M ST SITE & R ST SITEDEMOLITION PLAN / CONSTRUCTION PLAN - OLIVE AVE SITEDEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 101, 106, 111, 117& 145DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 103, 104, 105, 109,110, 113, 114, 115, 116, 119, & 139DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 121, 122, 132, 136,140, 141, 144 & 148DEMOLITION PLAN / CONSTRUCTION PLAN - SITE NO. 100, 102, 108, 118,125 & 126DEMOLITION PLAN / CONSTRUCTION PLAN - DOWNTOWN SITESTREET LIGHTS PLAN AND ELEVATIOND A T E123456789101112131415161718192021D A T E
COVER SHEET
S+T NOD E S C R I P T I O N
LRV %DQRVFreVQRMDderDAWZDWerTXrORcNMRdeVWRMercedTrDc\DRV PDORVVICINITY MAPUTILITY COMPANY AND CITY OF MERCED CONTACTSREGISTERED PROFESSIONAL SEAL
APPROVALSSHEET INDEX
EWSNCKRZcKLOODMDrLSRVDMeQdRWDLEGENDGENERAL NOTES
H6 SAFE STREETSSTREET LIGHTS RETROFIT
EWSN
K E N E L W I N , P . E .P U B L I C W O R K S D I R E C T O RM I C H A E L A. W E G L E Y, P . E .I N T E R I M C I T Y E N G I N E E RMDQWecD 21 PROJECT NUMBER CP230002
PROJECT NUMBER CP230002SEE SHEET 2 AND 3LOCATION MAP - NOT TO SCALEYOU DIGBEFORETWO DAYSUSAUnderground Service Alert
FOR CITY ENGINEER
6/18/24
06/18/2024
25 THORNTON RD
CARDELLA RDG STMERCY AVER STMONACO DRMERRIL PLLE+I*+DESTINY DRMAT+ER RD COFFEE ST:ATERTO:N:ARDRO%E AVEMASSASSOC+ILDS*ERARD
A8TO CENTER
EL PORTAL DR
MISSION AVEYOSEMITE PKWYCHILDS AVECONE AVEG ST
OLIVE AVEYOSEMITE AVE
R STMAIN ST16T+ STV STLOPES AVEM STGERARD AVECONE AVEN STCANAL ST* STSANTA FE AVEALE;ANDER AVEPARSONS AVE19T+ ST18T+ STV STR ST13T+ STM STCANAL STP ST25TH ST*LEN AVE21ST STML. -R :Y28T+ ST8T+ STT STP ST1ST STS ST*RO*AN AVE
DICKENSON FERRY RD
.I%%Y RDTOWER RDC+ILDS AVECAMP8S P.:Y*ERARD AVEDIN.EY CREE. AVEPARSONS AVEMERCED AVECAROL AVE% ST11T+ STD STMLK JR WY OLIVE AVEHWY 59MEADO:S AVELO8*+%ORO8*+ DRM STYOSEMITE AVEDONNA RDSAN A8*8STINE AVE MISSION AVECAMP8S P.:YHWY 140MCKEE RD
TYLER RD
23RD ST
%A.ER DRSTRETC+ RD8T+ STSYDNEY LN26T+ STYOSEMITE +S+OOVERINTERMEDIATE RAM%LER RD%NSF RRS PACIFIC RRN STMAIN ST
SANTA FE DR
12TH STG ST122105110141104125126118139116103114100102107127148108119101106111145115132109140144121SEE SHT 18SEE SHT 18SEE SHT 16SEE SHT 16117SEE SHT 16SEE SHT 20SEE SHT 12SEE SHT 12SEE SHT 18SEE SHT 19SEE SHT 17 SEE SHT 17SEE SHT 19SEE SHT 19SEE SHT 17SEE SHT 17SEE SHT 1714059SEE SHT 17SEE SHT 18 MERCED COLLE*E
MERCED +I*+SC+OOL
MERCED CO8NTYFAIR*RO8NDFARMDALEELEMSC+OOL* ST4T+ ST
PIONEERELEMSC+OOL:EAVERMIDDLESC+OOL
*OLDENVALLEY+I*+ SC+OOLTENEYAMIDDLESC+OOLS+EEYELEMSC+OOL FREMONTELEMSC+OOLO8R LADY OFMERCYDOWNTOWN99
SEE SHT 18SEE SHT 19
SEE SHT 1714059
*RACEY ELEMSC+OOL
REYES ELEMSC+OOL
C+ARLES:RI*+TELEM
APPLE *ATE PAR.%8R%AN.ELEM SC+OOL
PETERSONELEM SC+OOL
99 SEE SHT 18136
SEE SHT 19OLIVE AVE27T+ STCOOPER AVES+ADO: %ROO. DR+OME DEPOT MERCEDRE*IONALAIRPORT
OLEANDER AVE+ANSEN AVEMANSIONETTE DRPA8LSON RD*ARDNER RDRO8ND +ILL DR%8ENA VISTA DRSEE SHT 18RIVERAINTERMEDIATESC+OOL MC.EE RD
ADA *IVENSELEM SC+OOL-O+N M8IRELEM SC+OOL
MERCED MALLRA+ILLY PAR.%ERNASCONIPAR.CARPENTERPAR.FA+RENS PAR.
MERINO PAR.DO* PAR.FLANA*AN PAR.:INDER AVE
%RANCO AVE:AIN:RI*+T AVEMOTEL DR
OLIVE:OOD DR113SEE SHT 17 SAFE STREETS STREET LI*+T RETROFIT 2EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
LOCATION MAPS21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTS
LOCATION MAPSLEGEND
101:EST CREE. +OMES
SEE S+T 16
103OA.MONT NO 3
SEE S+T 17
104NOR+T:OOD VILLA*E
SEE S+T 17
105VILLA*E LANDIN*
SEE S+T 17
106VILLA*E :EST
SEE S+T 16
109*LEN+AVEN PAR.
SEE S+T 17
110OA.%ROO.
SEE S+T SEE S+T 17
111MOSS LANDIN*
SEE S+T 16
113YOSEMITE VILLA*E
SEE S+T 17
114OA.MONT VILLA*E
SEE S+T 17
115PLEASANTON PAR. NO 2
SEE S+T 17
116DEER PAR.
SEE S+T 17
117MERCED A8TO CENTER
SEE S+T 16
119MAINTENANCE DISTRICT 1
SEE S+T 17
121RID*EVIE: MEADO:S
SEE S+T 18
122FA+RENS PAR. I
SEE S+T 18
127+ANSEN PAR.
SEE S+T 12
140RONNIE
SEE S+T 18
141FA+RENS PAR. II
SEE S+T 18
144SE48OIA +ILL
SEE S+T 18
145S.YMOSS
SEE S+T 16
MAINTENANCE DISTRICTS
SHEET INDEX LEGEND
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert MAINTENANCE DISTRICTS107EAST COLLE*E +OMES
SEE S+T 12
10048AIL CREE.
28 LI*+TS
LOCAL102SILVERADO
118 LI*+TS
LOCAL108S8NSET :EST
51 LI*+TS
LOCAL11848AIL R8N
20 LI*+TS
LOCAL120DO:NTO:N*ALVANI=ED 1 MAST
18 LI*+TS
LOCAL*ALVANI=ED 1 MAST
44 LI*+TS
DIVIDED ARTERIALTRAFFIC SI*NAL
9 LI*+TS
MINOR ARTERIAL125CAMP8S NORT+ 8NIT 1
59 LI*+TS
LOCAL126MANSIONETTE
25 LI*+TS
LOCALMAINTENANCE DISTRICTSTOTAL = 319 LIGHTS - LOCAL
101:EST CREE. +OMES
50 LI*+TS
LOCAL103OA.MONT NO 3
6 LI*+TS
COLLELCTOR104NOR+T:OOD VILLA*E
10 LI*+TS
LOCAL105VILLA*E LANDIN*
35 LI*+TS
LOCAL106VILLA*E :EST
30 LI*+TS
LOCAL109*LEN+AVEN PAR.
13 LI*+TS
LOCAL110OA.%ROO.
1 LI*+T
LOCAL111MOSS LANDIN*
18 LI*+TS
LOCAL113YOSEMITE VILLA*E
16 LI*+TS
LOCAL114OA.MONT VILLA*E
14 LI*+TS
LOCAL115PLEASANTON PAR. NO 2
10 LI*+TS
LOCAL116DEER PAR.
12 LI*+TS
LOCAL117MERCED A8TO CENTER
22 LI*+TS
LOCAL119MAINTENANCE DISTRICT 1
28 LI*+TS
COLLECTOR121RID*EVIE: MEADO:S
15 LI*+TS
LOCAL122FA+RENS PAR. I
38 LI*+TS
LOCAL127+ANSEN PAR.
13 LI*+TS
LOCAL140RONNIE
4 LI*+TS
LOCAL141FA+RENS PAR. II
4 LI*+TS
MA-OR ARTERIAL144SE48OIA +ILL
17 LI*+TS
LOCAL145S.YMOSS
15 LI*+TS
LOCAL
107EAST COLLE*E +OMES
18 LI*+TS
LOCAL
148LO:ES
6 LI*+TS
LOCALTOTAL = 543 LIGHTS - LOCAL132CYPRESS TERRACE
61 LI*+TS
LOCAL136LAS %RISAS
50 LI*+TS
LOCAL139PA8LSON PLACE
8 LI*+TS
LOCAL
10048AIL CREE.
SEE S+T 19
102SILVERADO
SEE S+T 19
108S8NSET :EST
SEE S+T 19
11848AIL R8N
SEE S+T 19
120DO:NTO:N
SEE S+T 20
125CAMP8S NORT+ 8NIT 1
SEE S+T 19
126MANSIONETTE
SEE S+T 19
139PA8LSON PLACE
SEE S+T 17
132CYPRESS TERRACE
SEE S+T 18
136LAS %RISAS
SEE S+T 18
148LO:ES
SEE S+T 18
101:EST CREE. +OMES
5 LI*+TS
SPECIAL STREET103OA.MONT NO 3
7 LI*+TS
MINOR ARTERIAL103OA.MONT NO 3
6 LI*+TS
DIVIDED ARTERIAL104NOR+T:OOD VILLA*E
1 LI*+T
MINOR ARTERIAL106VILLA*E :EST
3 LI*+TS
SPECIAL STREET109*LEN+AVEN PAR.
13 LI*+TS
COLLECTOR111MOSS LANDIN*
3 LI*+TS
SPECIAL STREET113YOSEMITE VILLA*E
1 LI*+T
DIVIDED ARTERIAL115PLEASANTON PAR. NO 2
5 LI*+TS
COLLECTOR119MAINTENANCE DISTRICT 1
2 LI*+TS
MA-OR ARTERIAL121RID*EVIE: MEADO:S
4 LI*+TS
COLLECTOR122FA+RENS PAR. I
6 LI*+TS
COLLECTOR132CYPRESS TERRACE
17 LI*+TS
COLLECTOR136LAS %RISAS
18 LI*+TS
COLLECTOR139PA8LSON PLACE
1 LI*+T
DIVIDED ARTERIAL145S.YMOSS
4 LI*+TS
COLLECTOR
10048AIL CREE.
5 LI*+TS
MINOR ARTERIAL10048AIL CREE.
2 LI*+TS
DIVIDED ARTERIAL102SILVERADO
11 LI*+TS
COLLECTOR102SILVERADO
4 LI*+TS
DIVIDED ARTERIAL102SILVERADO
6 LI*+TS
MA-OR ARTERIAL11848AIL R8N
2 LI*+TS
DIVIDED ARTERIALTRAFFIC SI*NAL
18 LI*+TS
DIVIDED ARTERIALTOTAL = 29 LIGHTS - COLLECTORTOTAL = 25 LIGHTS - MINOR ARTERIALTOTAL = 72 LIGHTS - DIVIDED ARTERIALOVER ALL TOTAL = 473 LIGHTSTOTAL = 113 LIGHTS - COLLECTORTOTAL = 8 LIGHTS - MINOR ARTERIALTOTAL = 12 LIGHTS - DIVIDED ARTERIALOVER ALL TOTAL = 693 LIGHTSTOTAL = 6 LIGHTS - MAJOR ARTERIALTOTAL = 11 LIGHTS - SPECIALTOTAL = 6 LIGHTS - MAJOR ARTERIAL104NOR+T:OOD VILLA*E 4 LI*+TS
DIVIDED ARTERIAL109*LEN+AVEN PAR.
TRAFFIC LI*+T 4 LI*+TS
COLLECTOR136LAS %RISAS
TRAFFIC SI*NAL
4 LI*+TS
COLLECTOR
108S8NSET :EST
1 LI*+T
COLLECTOR*ALVANI=ED 1 MAST
7 LI*+TS
COLLECTOR*ALVANI=ED 1 MAST
11 LI*+TS
MINOR ARTERIAL*ALVANI=ED 2 MASTS
22 LI*+TS
ARTERIAL126MANSIONETTE
10 LI*+TS
COLLECTOR126MANSIONETTE
2 LI*+TS
DIVIDED ARTERIALTOTAL = 22 LIGHTS - ARTERIAL114OA.MONT VILLA*E 4 LI*+TS
COLLECTORBELAIR DRMAINTENANCE DISTRICTS103OA.MONT NO 3 67 LI*+TS
LOCAL
26 NO. 2NO. 3NO. 1
NO. 7NO. 8NO. 9NO. 6NO. 4
G STM STR STOLIVE AVEOLIVE AVENO. 6NO. 6NO. 5NO. 1NO. 1NO. 1NO. 1 NO. 7NO. 9
MAT+ER RD
COFFEE ST:ATERTO:N:ARDRO%E AVEMASSASSOC+ILDS*ERARD
A8TO CENTER
EL PORTAL DR
MISSION AVEYOSEMITE PKWYCHILDS AVECONE AVEG ST
OLIVE AVEYOSEMITE AVE
R STMAIN ST16T+ STV STLOPES AVEM STGERARD AVECONE AVEN STCANAL ST* STSANTA FE AVEALE;ANDER AVEPARSONS AVE19T+ ST18T+ STV STR ST13T+ STM STCANAL STP ST25TH ST*LEN AVE21ST STML. -R :Y28T+ ST8T+ STT STP ST1ST STS ST*RO*AN AVE
DICKENSON FERRY RD
.I%%Y RDTOWER RDC+ILDS AVECAMP8S P.:Y*ERARD AVEDIN.EY CREE. AVEPARSONS AVEMERCED AVECAROL AVE% ST11T+ STD STMLK JR WY OLIVE AVEHWY 59MEADO:S AVELO8*+%ORO8*+ DRM STYOSEMITE AVEDONNA RDSAN A8*8STINE AVE MISSION AVECAMP8S P.:YHWY 140MCKEE RD
TYLER RD
23RD ST
%A.ER DRSTRETC+ RD8T+ STSYDNEY LN26T+ STYOSEMITE +S+OOVERINTERMEDIATE RAM%LER RD%NSF RRS PACIFIC RRN STMAIN ST
SANTA FE DR
12TH STG STNO. 5
59 MERCED COLLE*E
MERCED +I*+SC+OOL
MERCED CO8NTYFAIR*RO8NDFARMDALEELEMSC+OOL
SEE S+T 13
SEE S+T 14
SEE S+T 14
SEE S+T 13 15
SEE S+T 15
* ST4T+ ST
NO. 5NO. 5NO. 5
PIONEERELEMSC+OOL:EAVERMIDDLESC+OOL
*OLDENVALLEY+I*+ SC+OOLTENEYAMIDDLESC+OOLS+EEYELEMSC+OOL FREMONTELEMSC+OOLO8R LADY OFMERCYNO. 19914059
*RACEY ELEMSC+OOL
REYES ELEMSC+OOL
C+ARLES:RI*+TELEM
APPLE *ATE PAR.%8R%AN.ELEM SC+OOL
PETERSONELEM SC+OOL
99OLIVE AVE27T+ STCOOPER AVES+ADO: %ROO. DR+OME DEPOT
MERCEDRE*IONALAIRPORT
OLEANDER AVE+ANSEN AVEMANSIONETTE DRPA8LSON RD%8ENA VISTA DRRIVERAINTERMEDIATESC+OOL MC.EE RD
ADA *IVENSELEM SC+OOL-O+N M8IRELEM SC+OOL
MERCED MALLRA+ILLY PAR.%ERNASCONIPAR.CARPENTERPAR.FA+RENS PAR.DO* PAR.FLANA*AN PAR.:INDER AVE %RANCO AVE:AIN:RI*+T AVEMOTEL DR
OLIVE:OOD DRSAFE STREETS STREET LI*+T RETROFITS+EET 51 *ALVANI=ED 1 MAST 46 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
53 LI*+TS
COLLECTOR3 *ALVANI=ED 1 MAST
36 LI*+TS
MINOR ARTERIAL4 *ALVANI=ED 2 MASTS
4 LI*+TS
ARTERIAL5 TRAFFIC SI*NAL
4 LI*+TS
MINOR ARTERIALS+EET 61 *ALVANI=ED 1 MAST
LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
35 LI*+TS
COLLECTOR3 *ALVANI=ED 1 MAST
1 LI*+T
ARTERIAL4 *ALVANI=ED 3 MASTS
15 LI*+TS
ARTERIALTOTAL STREET LI*+TS1 *ALVANI=ED 1 MAST
32 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
34 LI*+TS
MINOR ARTERIAL3 *ALVANI=ED 1 MAST
23 LI*+TS
DIVIDED ARTERIAL4 TRAFFIC SI*NAL
4 LI*+TS
MINOR ARTERIALTOTAL 93 STREET LI*+TS1 *ALVANI=ED 1 MAST 43 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
12 LI*+TS
COLLECTOR3 *ALVANI=ED 2 MASTS
11 LI*+TS
DIVIDED ARTERIAL4 *ALVANI=ED 2 MASTS
4 LI*+TS
DIVIDED ARTERIALTOTAL 70 STREET LI*+TS1 TRAFFIC SI*NAL 4 LI*+TS
COLLECTORTOTAL 4 STREET LI*+TSS+EET 91 *ALVANI=ED 1 MAST 122 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
12 LI*+TS
COLLECTOR3 *ALVANI=ED 1 MAST
24 LI*+TS
MINOR ARTERIAL4 *ALVANI=ED 1 MAST
5 LI*+TS
DIVIDED ARTERIAL5 TRAFFIC SI*NAL
4 LI*+TS
COLLECTOR6 TRAFFIC SI*NAL
24 LI*+TS
MINOR ARTERIAL7 TRAFFIC SI*NAL
6 LI*+TS
DIVIDED ARTERIALS+EET 101 *ALVANI=ED 1 MAST
1 LI*+T
MINOR ARTERIAL2 *ALVANI=ED 1 MAST
1 LI*+T
DIVIDED ARTERIALTOTAL 199 STREET LI*+TS1 *ALVANI=ED 1 MAST 91 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
33 LI*+TS
COLLECTOR3 *ALVANI=ED 1 MAST
10 LI*+TS
MINOR ARTERIALTOTAL 134 STREET LI*+TS
3YOU DIGBEFORETWO DAYSUSA EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW 209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
LOCATION MAPS21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTS SEE SHT 5SEE SHT 8
SHT 9SHT 8
LEGENDSEE SHT 10SEE SHT 7SEE SHT 5SEE SHT 6SEE SHT 6SEE SHT 9SEE SHT 6SEE SHT 10SEE SHT 12SEE SHT 11SEE SHT 11SHT 10 TRAFFIC SI*NAL
SEE DET 4 ON S+T 21
1 *ALVANI=ED 1 MAST
125 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
38 LI*+TS
COLLECTORTOTAL 163 STREET LI*+TS*ALVANI=ED 1 MAST
7 LI*+TS
LOCALTOTAL 7 STREET LI*+TS1 *ALVANI=ED 1 MAST
80 LI*+TS
LOCAL2 *ALVANI=ED 1 MAST
24 LI*+TS
COLLECTOR3 *ALVANI=ED 1 MAST
11 LI*+TS
MA-OR ARTERIALTOTAL 115 STREET LI*+TS1 *ALVANI=ED 1 MAST 20 LI*+TS
MINOR ARTERIAL2 *ALVANI=ED 2 MASTS
26 LI*+TS
DIVIDED ARTERIAL3 *ALVANI=ED 2 MASTS
20 LI*+TS
MINOR ARTERIAL4 TRAFFIC SI*NAL
8 LI*+TS
MINOR ARTERIALTOTAL 74 STREET LI*+TS1 *ALVANI=ED 1 MAST 39 LI*+TS
MINOR ARTERIAL2 *ALVANI=ED 1 MAST
2 LI*+TS
DIVIDED ARTERIAL3 TRAFFIC SI*NAL
4 LI*+TS
MINOR ARTERIAL4 TRAFFIC SI*NAL
7 LI*+TS
DIVIDED ARTERIALTOTAL 52 STREET LI*+TS1 *ALVANI=ED 1 MAST 21 LI*+TS
MINOR ARTERIAL2 *ALVANI=ED 1 MAST
1 LI*+T
DIVIDED ARTERIAL3 *ALVANI=ED 2 MASTS
17 LI*+TS
MINOR ARTERIAL4 TRAFFIC SI*NAL
10 LI*+TS
MINOR ARTERIAL5 TRAFFIC SI*NAL
10 LI*+TS
DIVIDED ARTERIALTOTAL 59 STREET LI*+TS1 *ALVANI=ED 1 MAST 14 LI*+TS
DIVIDED ARTERIAL2 *ALVANI=ED 1 MAST
5 LI*+TS
MA-OR ARTERIAL3 *ALVANI=ED 2 MASTS
75 LI*+TS
MA-OR ARTERIAL4 TRAFFIC SI*NAL
11 LI*+TS
MA-OR ARTERIALTOTAL 105 STREET LI*+TS
SITE NO. 1SITE NO. 2SITE NO. 3SITE NO. 4SITE NO. 5SITE NO. 6SITE NO. 7SITE NO. 8SITE NO. 9G STREETM STREETR STREETOLIVE AVENUESHT 9 *ALVANI=ED 2 MASTS
SEE DET 2 ON S+T 21
*ALVANI=ED 1 MAST
SEE DET 1 ON S+T 21
*ALVANI=ED 3 MASTS
SEE DET 3 ON S+T 21
Underground Service AlertTOTAL = 575 LIGHTS - LOCALMATCH LINE 2 SEE SHT 6 MATCH LINE 1 SEE SHT 6
MATCH LINE 3 SEE SHT 6
MATCH LINE 5 SEE SHT 10MATCH LINE 4 SEE SHT 10
SEE S+T 5 6
SEE S+T 7
SEE S+T 8
SEE S+T 8
SEE S+T 9 10
SEE S+T 10
SEE S+T 11
SEE S+T 12
SEE S+T 13
SEE S+T 14
SEE S+T 14
SEE S+T 11
SEE S+T 13
SHT 9SEE SHT 11
1 *ALVANI=ED 1 MAST
29 LI*+TS
DIVIDED ARTERIAL2 TRAFFIC SI*NAL
4 LI*+TS
DIVIDED ARTERIALTOTAL 33 STREET LI*+TSOLIVE AVENUE
SEE S+T 15
TOTAL = 201 LIGHTS - COLLECTORTOTAL = 276 LIGHTS - MINOR ARTERIALTOTAL = 102 LIGHTS - MAJOR ARTERIALTOTAL = 140 LIGHTS - DIVIDED ARTERIALOVER ALL TOTAL = 1314 LIGHTSTOTAL = 20 LIGHTS - ARTERIAL 29 223
46 73
578
215
143
1334
OVERALL TOTAL 1334 (sheet 3)
693 (sheet 2)
473 (sheet 2)
2500
27 4EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW 209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
GENERAL NOTESABBREVIATIONS
GENERAL NOTES
LEGEND
CITY OF MERCED STANDARD DESIGNS
STREET LIGHTSTOP SIGNMAILBOXELECTRICAL BOXPOWER POLE6PROPERTY LINE21 STD PLANDESCRIPTIONCITY OF MERCED STANDARD PLANS REFERENCEDINCLUDE BUT ARE NOT LIMITED TO:SL-1STREET LIGHTING STANDARDSL-2STREET LIGHT STANDARDS SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002 SL-3STREET LIGHT STANDARDSSL-4UNDERGROUND ELECTRICAL FEED POINT - UMMETERED YOU DIGBEFORETWO DAYSUSAUnderground Service Alert SL-5CIRCUIT BREAKER
2. 3.
4. 5.
6. 7.
28 WEST AVEWINDSOR AVEMCGREGOR ST
T STLESHER DRGEORGE DRU ST
R ST
Q STP STO STN ST
V ST
S ST
9TH ST10TH ST8TH ST
7TH ST
4TH ST6TH ST3RD ST5TH ST
11TH ST12TH ST13TH STW STWEST AVE
6TH STM ST
6TH ST
8TH ST
U ST
10TH STR ST
8TH ST
TRUDY WYJOHN STSUZANE CTMARGARET CTVARGUS CT
M STREETJOLEEN CT
OLIVIA CTJULIA CTJOHN CT
16TH STI STH STG ST
E SUGARBIRD CTCONE AVEBARBADOS CTBARCELONA STEDAN CTAMY CTIAN CTSERANO STLA MESA CTLA BRISA STW SUGARBIRD CT
Q STP ST
HOME AVE
7TH STWARDROBE AVE
GROGAN AVE
STUART DR
T ST 6TH ST5TH ST
D STMLK JR WY11TH ST12TH ST13TH STG ST
G ST
12TH ST10TH ST9TH STD STE ST8TH ST7TH STCHILDS AVECHILDS AVECHILDS AVE 9TH ST
CHILDS AVEGANNET CTSTRATFORD CTSEVILLE WYM STCANAL ST
N ST
2ND ST1ST STT STS ST
P STJOYCE AVEREYES ELEMSCHOOL
TENAYA MIDDLESCHOOLSHEEHY ELEMSCHOOLSTEPHENLEONARDPARK
MACIAS PARK
15TH ST
B STMERCED COUNTYFAIRGROUNDSTOWELL ELEMSCHOOLEVERGREENCEMETERY 14TH ST15TH ST
N STREET
CARTMELL DR
UNION PACIFIC RRMLK JR WY
R ST
5EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTSDEMOLITION AND CONSTRUCTION PLAN - SITE NO. 11 MATCH LINE 1- SEE SHT 6NO. 1DEMOLITION PLAN ANDCONSTRUCTION PLAN SITE NO. 1
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert NO. 1NO. 1MATCH LINE 3- SEE SHT 6MATCH LINE 2- SEE SHT 6 GALVANIZED 1 MASTTRAFFIC SIGNALGALVANIZED 2 MASTS12 3456789101112132322202119181716151451293031323334353637383940484950514145444342BA282625272447465253 565755585960616263646566676869707172737475767788878486839182908981798078549285120121119122123124125126127128129130131132133134135 11811711611511411311211111010910810710410510610210099101103979896959493 (MINOR ARTERIAL)(COLLECTOR)(COLLECTOR)(COLLECTOR)(MINOR ARTERIAL)(COLLECTOR) (COLLECTOR)(COLLECTOR)
(COLLECTOR)(COLLECTOR)(COLLECTOR)(COLLECTOR)(COLLECTOR)(MINOR ARTERIAL) 29 LESHER DRGEORGE DRU STQ STP STO STV ST9TH ST10TH ST8TH ST 7TH ST11TH ST12TH ST13TH STW STWEST AVE6TH ST
8TH ST
LINDA LN7TH ST8TH STSYDNEY CTEMORY CTSYDNEY LN
WARDROBE AVE
UNION PACIFIC RRR ST15TH ST14TH STQ STP ST13TH STR ST12TH ST11TH ST10TH STS STT STU STV STW STW DRX ST R ST
SYDNEY LNCOWGILL CTGRIFFIN STVIRGINIA STMONTECELLO CTCONSTITUTION CTLINDA LNINDEPENCE CTFLUTZ CTROGINA AVELIBERTY CTMT. VERNON STHERITAGE DRAMBER CTASHLEY CTMT. VERNON ST*RACEY ELEM SC+OOLLOPES AVEWEST AVE Q ST16TH ST
MT. VERNON CT
Q STP ST9TH ST7TH STWARDROBE AVE
V ST
WARDROBE AVE
EMORY WYWIND ROSE LNPATTY DRMICKI CTNEVA CTMASSASSO ST14TH ST STEPHENLEONARDCITY LIMITNO. 1B ST13TH ST15TH STD STCRIST AVEDE-LONG STCHILDS AVE
CYPRESS WYALMOND AVE
6EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
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CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTS DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 11
DEMOLITION PLAN ANDCONSTRUCTION PLAN
SITE NO. 1GALVANIZED 1 MAST
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert NO. 1
MATCH LINE 3- SEE SHT 5MATCH LINE 2- SEE SHT 5MATCH LINE 1- SEE SHT 5SITE NO. 1GALVANIZED 1 MASTGALVANIZED 3 MASTS DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 12
140
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(COLLECTOR)
(COLLECTOR)(COLLECTOR)50
30 PARSONS AVEMERCED AVECAROL AVEELLEN CTELLEN AVEMARTHELLA AVEBETTE STSHIRLEY STROSE AVEALMOND AVELOUISE AVE
CAROL AVEMOTEL DRJEAN STECHO AVEANN CTHELEN CTACACIA DRAVALON DRDODD CT
SUPAR PINE CTCOLD SPRINGS AVEWESTFALL AVE
YOSEMITE PARKWAYDAWN AVEPINE STCELESTE CT
CHILDS AVE
CRIST AVEDE-LONG STCHILDS AVE
RONNIE CT
LAUREL AVECYPRESS WYALMOND AVE
CHILDS AVE
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CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTSDEMOLITION AND CONSTRUCTION PLAN - SITE NO. 21 *OLDEN VALLEY+I*+ SC+OOLNO. 299-OE +ER% PAR.
DEMOLITION PLAN ANDCONSTRUCTION PLAN
140SITE NO. 2
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert TRAFFIC SIGNALGALVANIZED 1 MAST
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(DIVIDED ARTERIAL)(DIVIDED ARTERIAL)
(MINOR ARTERIAL)(MINOR ARTERIAL)3945
31 BALLANTYNE DR
MORGAN MUSTANG CTSANDLE CTSPUR CTMUSTANG CTLAUGHLIN LN
BRIMMER RDCARMEL RDDONNA RD
MCELVANEY AVEGERARD AVEFERN AVEJADE AVERUBY AVE
EMERSON AVEPARSONS AVE
LODER LNBRIMMER RDBUCKNER RD
CARMEL RD
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BIRCHWOOD CT
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TORINO CTPISA CT
7ELEVENCAL STORA*E
PIONEERELEMSC+OOL
21ST STREETORCHARD LN
WILLOW AVE22ND STREET20TH STREET
8EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
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21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 31 NNTS MERCED ESTATESNO. 399
STARLIGHT AVE
DEMOLITION PLAN ANDCONSTRUCTION PLAN
SITE NO. 3
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert GALVANIZED 2 MASTSDEMOLITION AND CONSTRUCTION PLAN - SITE NO. 42NO. 4SITE NO. 4GALVANIZED 1 MASTTRAFFIC SIGNAL 1278AB910121114151318252627373619282920353433242122303123323839404544434241466159 4760575856
5354554849505152 3456
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(COLLECTOR)
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(COLLECTOR)(COLLECTOR)6263646566676869
46 32
27TH STG STH STI STMLK JR WAYK STCANAL STM ST
R ST20TH ST
UNION PACIFIC RRS STT ST
V ST
Q STP STO ST
R ST15TH ST14TH ST
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AUSTIN AVEDEVONWOOD DRDEVONWOOD DR
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CREEKSIDE DR
E SOUTH BEAR CREEK DRAPPLE*ATE PAR.
16TH STO STM STK ST
14TH ST
19TH ST
V ST
E 25TH ST1ST AVESANTA FE TERRACE
R ST
21ST ST22ND ST23RD STSANTA FE AVE25TH ST
P STO STN STM STCANAL STK STMLK JR WYI STH STG ST22ND ST23RD ST23RD ST24TH ST24TH STBNSF RRU STV STW STPATRICIA LN22ND ST 25TH ST25TH ST26TH ST26TH STBNSF RR
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CITY OF MERCED
POST OFFICEMERCED CO8NTYADMINISTRATIVE %LD*K STPOST OFFICEMERCEDT+EATER 14TH ST15TH STUNION PACIFIC RRMLK JR WY
9EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
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CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 51NO. 5NO. 5MATCH LINE 5 - SEE SHT 10
DEMOLITION PLAN ANDCONSTRUCTION PLAN
SITE NO. 5
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert NO. 5
MATCH LINE 4 - SEE SHT 10TRAFFIC SIGNALGALVANIZED 1 MAST 81234567141312111091516202122231918172426252730282935313234333646454437383940414243474849505251545355 160157158156155159154
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(MINOR ARTERIAL)(MINOR ARTERIAL)(DIVIDED ARTERIAL)161162152163 (COLLECTOR) (MINOR ARTERIAL)(COLLECTOR)(COLLECTOR)
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33 28TH ST27TH STG STH STI STMLK JR WAYK STCANAL STM STW NORTH BEAR CREEK DRM ST E SOUTH BEAR CREEK DRAPPLE*ATE PAR.1ST AVE G ST
4TH AVEOLIVE AVE
E SOUTH BEAR CREEK DR27TH ST
23RD STREET
E 26TH ST6TH AVE3RD AVE5TH AVEE SANTA FE AVE7TH AVE8TH AVE9TH AVE10TH AVEHOOVER CTGLEN AVEAGNES WYMIDGE AVEVILLA CT
GREEN STPARSON AVELILAC AVECAMERON LNJACKSON CTVALLEY FORGE AVETRENTON CTBENNINGTON CTHAMPDEN CTBRISTOL CT 27TH AVEBARNETT WYHAWTHORNE AVEBRANCO AVE
SARATOGA AVE
STORY AVE
LEXINGTON AVESTORY AVEGETTYSBURGE AVEMONDO DRMONTE GROSSO DRMONTE GROSSO CT PRIMROSE AVEE 26TH AVEVILLA DR
MCKEE RD
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E 25TH ST2ND AVE1ST AVESANTA FE TERRACE
BRANCO AVE
ADA GIVENS ELEM. SCHOOLADA GIVENS PARK
25TH ST
27TH STSARATOGA CT
OLEANDER AVEWAINWRIGHT AVETAHOE DR
STRETCH RD
COUNTRY DRBEAR CREEK
BEAR CREEK
BNSF RRBNSF RR
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21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTS DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 5 1NO. 5NO. 6
DEMOLITION PLAN ANDCONSTRUCTION PLAN
SITE NO. 5
SITE NO. 6
YOU DIGBEFORETWO DAYSUSAUnderground Service AlertNO. 6DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 6 2MATCH LINE 4 - SEE SHT 9 MATCH LINE 5 - SEE SHT 9GALVANIZED 1 MAST
GALVANIZED 1 MAST
2 1
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34 PIERCE CTLOUGHBOROUG DR
-OANN FA%RICAND CRAFTSMEADOWS AVE
DENVER DR
FRANKFORT CTMADISON CTLANSING STAUSTIN AVEBATON ROUGE CT MEADOWS AVECONESTOGA CTOLIVE AVENUECONESTOGA DRMEADO:LAR.APARTMENTSDENVER AVELITTLE CTNASHVILLE CTSACRAMENTOJUNEAUDRDRPHOENIX WYHELENA CTBISMARK DROLYMPIA CTCARSON CT
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BUENA VISTA DR SAN MATEO CT SAN RAMON CT SAN FELIPE CT SAN JACINTO CTSAN LUIS REY CT SAN RAFAEL CT SAN FERNANDO CT DE ANZA CTACAPULCO CTPUERTO VALLARTA CTTAMPICO CTCABANA CT
BUENA VISTA DR
R STLA JOLLA WYSAN PABLO AVELA JOLLA WY
DE ANZA AVE
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21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTS DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 71NO. 7
DEMOLITION PLAN ANDCONSTRUCTION PLAN
SITE NO. 7
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert NO. 7NO. 8DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 82 SITE NO. 8 GALVANIZED 1 MAST144119143120118115114122142147146161148149160150151139152158154156155131132133136153137138124135123140141121113112111110919293949596829798109125108107991001018169126134106127128129130103104105102797877767480727354537170555658688384858689901161178887666465616367604241596243403929474645574438373635344850515275324930333120191821222324252627281716151412111310987654321 1234657
(MAJOR ARTERIAL)(COLLECTOR)(COLLECTOR)
(COLLECTOR)
145157159162163
35 SHAMROCK AVECOLUMBIA AVE
LEES CTKENSINGTON DRSTEVENS CTBROOKDALE DR
KERNLAND AVELINCOLN AVESEMINOLE DRMODOC STSENECA STERIE AVEEL CAPITAN AVECOLLEGE AVE
BROOKDALE DRSUTTRT CTCORDOVA AVEEL CAPITAN CT
IROQUOIS STGARY AVE
DUBLIN AVENOTTINGHAM AVERODS CTSHAMROCK PL
SYCAMORE AVEVERNAL AVECHEROKEE AVE
BAGBY CTEL PORTAL DREL PORTAL DRCASCADE CREEK AVE
BANBURY LNCENTERBURY CTDONCASTER CTLOCKSLEY CTSHERWOOD LNKING ARTHUR CTEL PORTAL DRCAMELOT CT
JOERG AVECOLUMBIA AVESONORA AVE
ERIN DRNANCY CTGREGORY CTKINGLAND CTAMADOR CT
NAVAJO CTSENECA STTIPPERARY AVECOOPER TREE CTASPEN STSILVER ELM CTIRON WOOD CTQUEENS CIRSILVER ELM CTASPEN ST
HANSEN AVEBIRMINGHAM CTHAMPSHIRE CTWESTMINISTER CTYORKSHIRE CT
OLIVE AVEBELAIR DRALEXANDER AVE
PARSONS AVEPARSONS AVEOREGON DR
MCKEE RD
G STREETKIMBERLY AVETEAK AVEVICKIE CTEVETTE CT
KAREN CTKIRK DR
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BEDFORD DR
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OLEANDER AVEWAINWRIGHT AVETAHOE DREMERAL DRG STREETALEXANDER AVEALEXANDER AVE
G STREET
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21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTSDEMOLITION AND CONSTRUCTION PLAN - SITE NO. 9, SITE NO. 107 AND SITE NO. 1271 NO. 9
DEMOLITION PLAN ANDCONSTRUCTION PLAN
SITE NO. 9
YOU DIGBEFORETWO DAYSUSAUnderground Service AlertSITE NO. 107 NO. 9NO. 107NO. 127SITE NO. 127
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CITY LIMIT
(COLLECTOR)(COLLECTOR)
VARIOUS LOCATION
89W
89W
140
140
2 2
2 36
EMERAL DRG STREETALEXANDER AVE
WESTMONT CTEL PORTAL DR
SILVER HORN CTSUN VALLEY CTG STREETG STREETG STREET
CONESTOGA CTOLIVE AVENUESACRAME JUNEAUTOPEKAMEADOWS AVE
AUSTIN AVEBROOKDALE DRG STREET
COLUMBIA AVEG STREET
G STREET
EL CAPITAN AVECOLLEGE AVEGARY AVESYCAMORE AVE
G STREET13EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW 209
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CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002DEMOLITION AND CONSTRUCTION PLAN - SITE G STREET1
MATCH LINE AA
MATCH LINE BB
MATCH LINE CC
MATCH LINE CC
MATCH LINE DD
MATCH LINE DD
MATCH LINE EEALPINE DRBEARCREEK
CRAIG DRSANDY LNEMERALD DR
G STREETMELODY LNSNOWMASS CTDONNA DRYOSEMITE AVEG STREETMATCH LINE AA
MATCH LINE BB
MATCH LINE FF
MATCH LINE GG
MATCH LINE GG
MATCH LINE HHSEE S+EET 15DEMOLITION AND CONSTRUCTION PLAN - SITE OLIVE AVENUE2
OLIVE AVENUEOLIVE AVENUE
NNTS
LOUGHBOROUGHDRMEADOWS AVECONESTOGA DRCONESTOGA DR
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DEMOLITION PLAN ANDCONSTRUCTION PLAN
OLIVE AVENUE
G STREETG STREETG STREETG STREETG STOLIVE AVEG STREET
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YOU DIGBEFORETWO DAYSUSAUnderground Service Alert
OLEANDER AVEGARY AVEIROQUOIS ST
TRAFFIC SIGNALGALVANIZED 1 MASTGALVANIZED 2 MASTS
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SI==LER*AMESTOP
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(DIVIDED ARTERIAL)
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(MAJOR ARTERIAL)(MAJOR ARTERIAL)(MAJOR ARTERIAL)(MAJOR ARTERIAL)(DIVIDED ARTERIAL)(DIVIDED ARTERIAL) 37 SAN MATEO CTACAPULCO CTPUERTO VALLARTA CT
PASEO VERDE AVE
BUENA VISTA DR
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14EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
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21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002 NNTS
DEMOLITION AND CONSTRUCTION PLAN - SITE R STREET1 DEMOLITION AND CONSTRUCTION PLAN - SITE M STREET2 MATCH LINE 20
MATCH LINE 20
MATCH LINE 21
MATCH LINE 21
MATCH LINE 22
MATCH LINE 22
MATCH LINE 23
MATCH LINE 23
R STREETNORTHWOOD DRJULIE DR
BEAR CREEKRAMBLER RD
OLIVE AVE
R STREETR STREETDONNA DR
YOSEMITE AVEBUENA VIST DRPUERTO VALLARTACTSANTA ROSA CTPASE VERDE AVE
FAIRFIELD DROLIVEWOOD DRM STREET
BEAR CREEKW N BEARCREEK DRRAMBLER RD
M STREETDE ANZA CTBUENA VIST DR
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TERI CTKATHRYN CTDELLA CT
DELLA CT
R STM ST
M STREETR STREETTRAFFIC SIGNALGALVANIZED 2 MASTSGALVANIZED 1 MAST YOU DIGBEFORETWO DAYSUSAUnderground Service Alert1234567891 234561011121314151617
219872019123456789101112131415282726252423222120191817162930313233343536373839404122 18 (MINOR ARTERIAL)(MINOR ARTERIAL)(MINOR ARTERIAL)(MINOR ARTERIAL)(MINOR ARTERIAL) (MINOR ARTERIAL)
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38 KENSINGTON DRLINCOLN AVESYCAMORE AVECHEROKEE AVECOOPER TREE CTASPEN STSILVER ELM CTIRON WOOD CTQUEENS CIRSILVER ELM CTASPEN STOLIVE AVE SEE SHT 12BEDFORD DR
15EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
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21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002NNTSDEMOLITION AND CONSTRUCTION PLAN - SITE OLIVE AVENUE1
OLIVE AVENUEMATCH LINE HH
MATCH LINE II
MATCH LINE IISEE S+EET 61COLONY PARK DRASPEN ST
NOTTINGHAMAVE
VICKIE CTBEDFORD DRSHARON CTLA PAZ CT
BEVERLY CTOLIVE AVENUE
DEMOLITION PLAN ANDCONSTRUCTION PLAN
OLIVE AVEOLIVE AVENUETRAFFIC SIGNALGALVANIZED 1 MAST
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert
MCKEE RD
PARSONS AVE1234567891011121314 151617181920212223242526272829(DIVIDED ARTERIAL)(DIVIDED ARTERIAL) 39 T STLESHER DRGEORGE DRU STV ST9TH ST10TH ST8TH ST
7TH ST
W STWEST AVE6TH ST
8TH ST
LINDA LN7TH ST8TH STSYDNEY CTEMORY CTSYDNEY LN
WARDROBE AVE
14TH ST
H ST10TH STT STV S W STW DRX ST
SYDNEY LNCOWGILL CTGRIFFIN STVIRGINIA ST
MORSE DRTHURMAN CT
MONTECELLO CTCONSTITUTION CTLINDA LNINDEPENCE CTFLUTZ CTROGINA AVEJURGENSEN DRDEWITT CTDEMOSS CTHARNISCH DRSANDOZ CT LIBERTY CTMT. VERNON STHERITAGE DRAMBER CTASHLEY CTMT. VERNON ST*RACEY ELEM SC+OOL
JURGENSEN CTROGINA CT
LOPES AVEWEST AVE
AUTO CENTER DR16TH STV STV ST
MT. VERNON CT
9TH ST7TH STWARDROBE AVE
V ST
BEECHCRAFT AVECESSNA WY
WARDROBE AVEPIPER AVE
EMORY WYWIND ROSE LNPATTY DRMICKI CTNEVA CTMASSASSO ST
BROOKSIDE DR
UNION PACIFIC RR
14TH ST15TH ST
STEPHENLEONARDPARK16EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW 209
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CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
DEMOLITION PLAN ANDCONSTRUCTION PLAN21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002 101106
DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 101, 106, 111, 117 AND 1451 99140MAINTENANCE DISTRICTS
MAINTENANCE DISTRICTS
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert 111145117MAINTENANCE DISTRICTS
MAINTENANCE DISTRICTS
GALVANIZED 1 MASTGALVANIZED 2 MASTS
GALVANIZED 1 MASTGALVANIZED 1 MAST
MAINTENANCE DISTRICTSGALVANIZED 1 MASTNNTS123456789121011171615131419183319183220211722313029231676111210524251589133212827261441234511121821201917131061491615874635364537343233131214116515313844743210163017189294319820212842504927222641402551555453524748392423JK1 (COLLECTOR)
(SPECIAL STREET)IHGFEDCBA
40 VERNAL AVEBAGBY CTEL PORTAL DRGRANITE CTMIRROR LAKE DRSENTINEL CTBROWNIE CTINSPIRATION PT CTTIOGA CTCURRY VILLAGE CTN DOME CTBILLIE CTOAKMONT CTSILHOUETTE CTAHWAHNEE CTDONNA CTINDIAN RIDGE CTMORAINE DOME CTGLACIER PT CTEL PORTAL DRTAMARACK CREEK CTCATHEDRAL CREEK CTPANORAMA PT CTCASCADE CREEK AVEPARSONS AVEDONNA DRJOERG AVECOLUMBIA AVE CASCADECREEK AVEAHWAHNEE DRJOERG AVEYOSEMITE AVEDOE CTANTLER CTPAULSON RDGAZELLE CTFAWN CTDEERFIELD CTDONNA DRVERNAL CTPETERSONELEM SC+OOL
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209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
DEMOLITION PLAN ANDCONSTRUCTION PLAN21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 109, NO. 113 AND NO. 1155 DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 1196 103114
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert 116139104105110109115113119
DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 105 AND NO. 1101 BELAIR DRGALVANIZED 1 MAST
BELAIR DRGALVANIZED 1 MAST
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3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
DEMOLITION PLAN ANDCONSTRUCTION PLAN21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 140, SITE NO. 141 AND SITE NO. 1482 121DEMOLITION AND CONSTRUCTION PLAN - SITE NO. SITE NO. 121, SITE NO. 122, SITE NO. 132 , SITE NO. 136 AND SITE NO. 1441
MAINTENANCE DISTRICTS
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert 122132136140141SIMPLY STORA*ESELF STORA*E
144148LO:E
S +OMEIMPROVEMENT
MAINTENANCE DISTRICTS
MAINTENANCE DISTRICTS
MAINTENANCE DISTRICTSMAINTENANCE DISTRICTS
MAINTENANCE DISTRICTSMAINTENANCE DISTRICTSMAINTENANCE DISTRICTS NNTS
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1015 (COLLECTOR)(COLLECTOR)(COLLECTOR)(COLLECTOR)
(COLLECTOR)(COLLECTOR)(MAJOR ARTERIAL)TRAFFIC SIGNALGALVANIZED 1 MASTGALVANIZED 1 MASTGALVANIZED 1 MASTGALVANIZED 1 MASTGALVANIZED 1 MASTGALVANIZED 1 MASTGALVANIZED 1 MASTGALVANIZED 1 MAST67(COLLECTOR) 42 PELICAN CTQUAIL CTPARTRIDGE DRPARTRIGE DRHUNTERS DRSWAN CTPOINTER CTPIGEON CTCHUKAR CTPLEASANT CTAVOCET DRQUAIL AVEDOVE CT
AVOCET DR
TERN CTPIGEONAVEWHITE DOVE AVE
QUAIL AVEAVOCET CTCURRY VILLAGE CTYOSEMITE AVE
GARDNER AVEAHWAHNEE CT
EL PORTAL DR
CYPRESS PT DRST ANDREWS DRCYPRESS PT DR
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CREEKSIDE DR
LA MIRADA DRSTONYBROOK AVE
BNSF RR*A%RIA8LTNEI*+%OR+OODPAR.
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YOSEMITE AVENUE
19EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
DEMOLITION PLAN ANDCONSTRUCTION PLAN21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002 DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 102, NO. 108 AND NO. 1252 MAINTENANCE DISTRICTSGALVANIZED 1 MAST
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert 118100102108125126
MAINTENANCE DISTRICTSMAINTENANCE DISTRICTSMAINTENANCE DISTRICTSMAINTENANCE DISTRICTSMAINTENANCE DISTRICTSDEMOLITION AND CONSTRUCTION PLAN - SITE NO. 100 AND NO. 1181 DEMOLITION AND CONSTRUCTION PLAN - SITE NO. 1263 NNTS
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GALVANIZED 1 MAST
GALVANIZED 1 MAST
GALVANIZED 1 MAST
GALVANIZED 1 MAST
16535(DIVIDED ARTERIAL)(MINOR ARTERIAL)(MAJOR ARTERIAL) (DIVIDED ARTERIAL)(COLLECTOR)
(DIVIDED ARTERIAL)
52135139
(COLLECTOR)
43 (COLLECTOR)
30 43
R ST
UNION PACIFIC RR
S STT STV STQ STO ST
U STMAIN ST18TH ST16TH STV ST
S ST
V STT ST
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MLK JR WYMAIN ST16TH ST18TH STI STH STG ST16TH ST
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UNION PACIFIC RR15TH ST
CITY OF MERCEDK STPOST OFFICEMERCEDT+EATERUNION PACIFIC RR 20EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW
209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
DEMOLITION PLAN ANDCONSTRUCTION PLAN21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002 DEMOLITION AND CONSTRUCTION PLAN - DOWNTOWN SITE1 DOWNTOWN DOWNTOWNGALVANIZED 1 MASTTRAFFIC SIGNAL
YOU DIGBEFORETWO DAYSUSAUnderground Service Alert GALVANIZED 2 MASTSNNTS
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(MINOR ARTERIAL)
(MINOR ARTERIAL)(DIVIDED ARTERIAL)(MINOR ARTERIAL)(COLLECTOR)2280(LOCAL) 44 21EN*INEERIN* PRO-ECTS AND STANDARDS678 : 18WK SWreeW 209
3856846DEVELOPMENT SERVICE
CITY MERCED CALIFORNIAOFINCORPORATED APRIL 1 AD 1889 *DWeZD\ WR YRVePLWeCity of Merced
21SAFE STREETSSTREET LIGHTS RETROFITPROJECT NUMBER CP230002 GALVANIZED 1 MAST - ELEVATION VIEW1
STREET LIGHTSPLAN AND ELEVATION
GALVANIZED 2 MASTS - ELEVATION VIEW2 GALVANIZED 3 MASTS - ELEVATION VIEW3 TRAFFIC SIGNAL - ELEVATION VIEW4 GALVANIZED 3 MASTS(Plan View)GALVANIZED 2 MASTS(Plan View)GALVANIZED 1 MAST(Plan View)TRAFFIC SIGNAL(Plan View) YOU DIGBEFORETWO DAYSUSAUnderground Service Alert5LEOTEK MODEL GCJ J SERIES- GCM-J SERIES
FRONT VIEWSIDE VIEWBOTTOM VIEW
45 SCOPE OF WORK
PERFORMANCE
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.
At all existing poles identified in the Plans, the Contractor shall replace the existing streetlights with standard Cobra Head Leotek LED lights using model numbers shown on Plans. All lights shall be equipped with a photoelectric cell. Lights shall be installed following manufacturers recommendations, wiping all lenses and photocells to remove dust and debris during installation.
Contractor shall log the serial number for the LED lights that are being installed, installation date, and lamp wattage for lamp being removed and installed and submit to the City in electronic format.
Invoices must include the number of lights installed by model type, maintenance district, and Plan page number.
Existing lights which are removed will be safeguarded and returned to City of Merced Public Works at the competition of the project.
Photocells to be covered (or short cap installed) a nd lights to “burn in” per manufacturers recommendations. Shorting Cap on photocell to be removed immediately after burn in period.
Any light or photoelectric cell found to be malfunctioning after being energized shall be corrected by the contractor before final acceptance by the city.
COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 3 85-6846 at least three (3) working days in advance of the tentative starting date.
The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at (800) 642-2444, at least 2 working days before commencement of underground work for location of underground facilities.
Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
INSPECTION OF SITE
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project. A site tour is scheduled immediately following the pre-bid/LBE meeting if requested.
PERMITS, BONDS, LICENSES AND INSURANCE
The Contractor shall procure all permits, bonds, licenses and insurance, pay all charges and fees, and give all notices necessary and incidental to the prosecution of the work.
46 Payment for "Permits, Bonds, Licenses and Insurance," shall be at the contract lump sum price as set forth in the proposal, and shall include all fe es associated with permits, bonds, licenses, inspections, and all other fees necessary for the completion of this item.
PUBLIC CONVENIENCE AND SAFETY
The Contractor shall be responsible for all the pro visions of this item, including issuance of all notices necessary for prosecution of the work.
Maintaining Traffic -- Attention is directed to Section 7-1.03, "Public Convenience," Section 7-
1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the State Specifications.
Nothing in these Special Provisions shall be constr ued as relieving the Contractor from its responsibility as provided in Section 7-1.04 of the State Specifications.
All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. One (1) 12-foot wide traffic lane must be open at all times.
The second and third paragraphs of Section 12-3.10, “Traffic Cones,” of the State Standard Specifications are amended to read:
The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project.
Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control System for Lane Closure.”
Personal vehicles of the Contractor's employees sha ll not be parked on the traveled way or shoulders, including any section closed to public traffic.
The Contractor shall notify local authorities of its intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangement s relative to keeping the working area clear of parked vehicles.
The Contractor shall provide access to all businesses and residences within the construction zone at all times throughout the project. When the work requires the closing of a business driveway or other entrance, the Contractor shall po st signs directing the public to the most convenient access to the business.
The Contractor shall provide access to all private driveways when construction is not actively in progress. Access to driveways fronting the construction area shall not be hindered or blocked for time periods greater than 4 hours without notifying the property owner or tenant in writing 24 hours prior to blockage.
The Contractor shall provide safe public access around the work site in accordance with the American Disabilities Act requirements during the work.
Whenever vehicles or equipment are parked on the sh oulder within six feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 47 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
When the Contractor’s operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense and without cost to the City, such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen, provided with the necessary equipment kept clean and in good condition by the Contractor at his expense, as may be necessary to give adequate warning to traffic or to the public that the roadwa y is under construction or of any dangerous conditions to be encountered. The flagmen shall perform their duties and their work of furnishing and placing such signs, lights, flags and other warning and safety devices as set forth in the current “Work Area Traffic Control Handbook” as published b y the Building News, Inc., Los Angeles, California.
Minor deviations from the requirements of this sect ion concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated its written approval. All other modifications will be made by contract change order.
Full cost of conforming to this section shall be considered as included in the contract lump sum price for “Public Convenience and Safety.”
Traffic Control System for Lane Closure -- A traffic control system shall be provided by t he Contractor and shall be in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.
The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices, or take such measures as may be necessary, to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.
Prior to any lane closures, it shall be the responsibility of the Contractor to provide 72-hour notice to the City and obtain City approval of the lane closure. Failure to notify the City in a timely manner is cause for the City to prevent the lane closure.
Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper.
If any component in the traffic control system is d isplaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component, and shall restore the component to its original location. Full cost of providing flaggers shall be borne exclusively by the Contractor.
The Contractor shall submit a traffic control plan and approved by the City Engineer prior to commencing any work.
48 EXHIBIT “C” – SPECIAL CONDITIONS
ARTICLE 1 BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. 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 City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
49 EXHIBIT “F” – PAYMENT AND PERFORMANCE
BONDS
52 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Merced (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contra ctor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 Contractor, 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 Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Su rety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
53 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall m ean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to th e Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
54 (Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
55 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
56 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Merced (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in conn ection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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 Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcon tractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any o f the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 57 attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
58 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
59 APPENDIX
60 CITY OF MERCED STANDARD DESIGNS
THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
REFER TO THE CITY OF MERCED WEBSITE FOR THE COMPLETE LISTING OF
STANDARD DETAILS
https://www.cityofmerced.org/departments/engineering/standard-designs/
61 STATE GENERAL PREVAILING WAGE RATES
General prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm
62 PUCHASING DEPARTMENT DRIVING DIRECTIONS
63 REGULATION VIII – FUGITIVE PM10 PROHIBITIONS
64 65
66 67