MEMORANDUM OF UNDERSTANDING
THIS memorandum of understanding ("MOU" or "Agreement") is made and entered, on August 15,2023, by and between the CITY OF LONG BEACH, a municipal corporation ("CLB"*) and the CITY OF SIGNAL HILL, a municipal corporation ("CSH").
WHEREAS, the CSH intends to construct a signalized intersection and associated improvements at B 20# Street and Redondo Avenue to enhance safety and improve mobility. The proposed improvement is located within CLB's Right of Way (ROW); and WHEREAS, the improvements consists of installation of new traffic signal poles, signal cabinet, (he Projeces ramp, signage, tripping and replacement of existing curb gutter and sidoral.
WHEREAS, CSH will act as the lead and fully fund the design and construction phase of the Project. CLB will take ownership upon completion of the construction phase and concurrenty ssume responsibility for all and any post construction maintenance and operation services fo he Project and
WHEREAS, CSH advertised the Project for construction in February 2023, awarded a construction NOW, THEREFORE, in consideration of the mutual terms and conditions in this Agreement, the parties agree as follows:
1. SCOPE OF WORK. The Project consists of the approved work identified in the Traffic Signal Design Plans dated January 254, 2023, and Specifications published on February 9ª, 2023. Attached hereto as Exhibit "A" and Exhibit "B", respectively.
2. COSTS. The budget for the Project is estimated to be Five Hundred Forty Thousand Eight Hundred Dollars ($540,800).
3. CSH'S RESPONSIBILITIES. CSH shall:
A. Actas the lead for the Project, including managing the construction schechule of performance.
B. Assume responsibility all construction and procurement activities for the Project, all undertaken in accordance with CSH's ordinances and policies, including the preparation of plans and specifications, cost estimates and all Project construction documents, utility identification and location, construction, engineering and management services, inspections, and financial accounting for Project activities.
C. Administer the contract for construction of the Project as required by applicable law.
D. Ensure Contractor's commercial general liability and business automobite liability insurance name CLB, its Boards and Commissions, and their Officials,
Employees and Agents as additional insured and provide for waiver of subrogation and primary and non-contributory endorsements in favor of CLB.
E. Ensure CLB is indemnified under the construction contract with Contractor to the same extent as CSH is indemnified.
4. CLB'S RESPONSIBILITIES. CLB shall:
A. CLB shall take full ownership and maintenance responsibilities of all traffic signal devices upon the completion of the Project and ensure continuous unctionality of the improvements shown on Exhibit "A" of this agreemer . CLB shall be responsible for timely review and approval of changes to th roject plans and specitications
• CLB shall provide routine maintenance work on the traffic control device s that the said traffic control devises remain in good operating condition and repair. Routine maintenance work shall include, but is not limited to:
i. Inspect the signal system and clean the controller cabinets as applicable.
ii. Clean signal heads as reasonably required and no less than every three (3) years and replace light emitting diode (LED) as needed. ili. Inspect the signal system and clean the controller cabinet as reasonably required and no less than every six (6) weeks.
iV. Clean signal heads as reasonably required and no less than every three (3) years and replace light emitting diode (LED) as needed. v. Replacement of burned-out traffic signal lights (e.g. signal indications, pedestrian displays and/or illuminated street name signs). vi. Annual inspection/testing of Conflict Monitor Units (CMU) and Malfunction Management Units (MMU).
vi. Inspection to assure video detection, loop detection and pedestrian detection systems are functional.
vili. Monthly inspection of battery backup power.
ix. Confirmation of controller timing to approved timing sheet. x. Covering or removing any graffiti as reasonably required and no less primary and non-contributory endorsements in favor of CSH, and ensure that CSH is indemnified under such contract to the same extent as CLB is MUTUAL AGREEMENTS.
A. CSH's Project plans signed by CLB shall constitute CLB's acceptance of and official approval of said plans.
B. The duties of CLB and CSH under this Agreement may be performed either by CLB or CSH employees or by persons or entities hired through separate agreements with CLB or CSH.
C. If existing public and/or private utilities conflict with the construction of the Project, CSH and CLB will collaborate to identify such utilities. CSH an LB will make all necessary arrangements with the owners of such utilitie for their protection, relocation or removal.
into the Project, provided such additional work does not exceed allotted Project funds.
E. Following its completion but prior to acceptance of the Project, CSH will confer with CLB to obtain CLB's concurrence with the overall acceptance of Project in accordance with the approved plans and specifications.
6. WARRANTY. CSH will require the Contractor to convey a warranty for all materials and workmanship furnished in the construction of the Project for no less than one (1) year from the date of final completion of the Project. CSH shall manage and oversee CLB's warranty rights related to the Project and pursue and enforce the warranty for defects in workmanship or materials and require the construction contractor to repair or replace the defective work so that it complies with the plans and specifications for the Project.
INDEMNIFICATION.
A. To the furthest extent permitted by Califomia law, CLB shall defend, indemnify, and hold harmless CSH and CSH's agents, representatives, officers, consultants, employees, and volunteers the "indemnitied parties" rom any and all demands, losses, liabilities, claims, suits, and actions (t willful misconduct of CLB or CLB's agents, contractors, representatives officers, consultants, employees, and volunteers, or (2) CLB's breach of thi B. To the furthest extent permitted by California law, CSH shall defend, attorneys' fees and costs, to the extent directly or indirectly arising from personal or bodily injuries, dead, property damage, or otherwise aristing our write mison did, or sor get contain, tenses, or
officers, consultants, employees, and volunteers, or (2) CSH's breach of this Agreement. CLB shall have the right to accept or reject any legal
8. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES.
A. No officer or employee of the CSH shall be personally liable to the CLB in the event of any default or breach by the CSH or for breach of any obligation
3. No be terror til ye one LE all be personally lible to the SH in he event of any default or breach by the CSH or for breach of any obligatior NOTICE. Any notice hereunder by either party shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid, addressed to the City of Signal Hill at 2175 Cherry Avenue, Signal Hill, CA 90755, Atta: City Manager, and to the City of Long Beach at 411 West Ocean
10. ENTIRE AGREEMENT. This Agreement constitutes the entire understandin etween the parties and supersedes all other agreements, whether oral or writte with respect to the subject matter herein.
11. AMENDMENT. This Agreement shall not be amended except in writing signed by the parties that expressly refers to this Agreement.
12. TERMINATION. CSH may terminate this Agreement for convenience by giving
13. SEVERABILITY. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of the Agreement shall continue in ful force and effect, unless both parties would be materially affected by such
!
14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue in any action in a court of competent jurisdiction located in Los Angeles County.
15. THIRD PARTY BENEFICIARY. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement.
16. LEGAL ACTION. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to cover damages for any default, to compel specific performance of th greement, to obtain declaratory or injunctive relief, or to obtain any oth remedy consistent with the purposes of this Agreement.
17. GENERAL PROVISIONS. Any term herein can be waived only by a written waiver signed by the party against whom such waiver is to be asserted. This Agreerent may be executed in one or more counterparts, each of which when so executed shall be deemed an original, and all of which, together, shall constitute one and the same instrument. Signatures transmitted electronically shall be IN WITNESS WHEREOF, the parties have caused this document to be duly •
executed with all formalities required by law as of the date first stated above.
EXECUTED PURSUANT
TO SECTION 301 OF
THE CITY CHARTER.
CITY OF LONG BEACH, a municipal
corporation
_ 2024
City Manager
This Agreement is approved as to form on Janua - 2024.
Attorney
DAW WINS, CLY
Deputy
CITY OF SIGNAL HILL
_, 2024
BHannah Shin- Heydom, Cy Manager
Approved as to form:
* Mathew Richardson, Interim City Attorney
ATTEST:
By.
Carmen R. Brooks, City Clerk
CITY OF LONG BEACH, a municipal
corporation
_ 2023 By_
City Manager
This Agreement is approved as to form on _ 2023.
DAWN MCINTOSH, City Attorney
By_
Deputy
CITY OPSIGNAL HILL.
JANUARY 17 202844 Bue
By_
Carlo Tomaine, City Manager
Approved as to form:
By Hall Oal
Matthew Richardson, Contract City Attorney
sense
Deput Dariza Gonzalez, Ciry Clerk
ACKNOWLEDGMENT
A notary public or other officer completing thi
State of Califomia
County of LOS ANGELES
On TANKER 9I3, 2024 bofore mo, SAMANTHA SCHNER, NATA PUSHC (insert name and title of the officer)
personally appeared APKIL WALKEK
who proved to me on the basis of satisfactory evidence to be the persons whose name (s)Sal are 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. SAMANTHA SCHWARTZ
Motary Public • Callfornia
Los Angeles County
Commission # 2365307
Stard My Comm. Expires Jul 12, 2025
Signature (Seal)
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 Los Angeles
On January 17, 2024 before me, Kimberly Boles, Notary Public (insert name and title of the officer)
personally appeared Carlo Tomaino
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.
KIMBERLY BOLES
Notary Public - California
Los Angeles County
WITNESS my hand and official seal. Commission# 2363826
My Comm, Expires Jul 2, 2025
(Seal)
EXHIBIT "A"
GENFRAL NOTES
CITY OF SIGNAL HILL
TRAFFIC SIGNAL DESIGN PLAN
iner use, 20TH STREET AT REDONDO AVENUE UTILITY
CITY PROJECT NO. 90.20007 SOMPANY/AGENGIES TELEPHONE
CONTACT
HOD STREEO
ROD STALED
AL SUPER
EAT SON A DIE-COURTON CEANS SANTOS
KOESEN UPOCX
CROISON PURCUNT UP ALEX MORALES
7. ALL NEW PULL BOXES SMILE BE 83, UNLESS OTHERNSE SHOWN. LONG BEACH GAS A OR STEPKEN BATCHAN KEITO REMORKS, UK.
ALL PCDESTRLAM PUSH OUTIONS ACTUATORS SHALL EE 8" MIXSLUM OF DUNETER OTL OPERATORS, INC OXY LON BEACH, GIC. STEVE PITKEN
PLIES ALL AMERICAN PIPELINE PAULA CANDIN
SC CAS GLTMPIC-TRANSMISSOM ROSALTH SOURIS
SICILL HAL PETROLIUM, INC R. OERKER
QUE EMERLY
IN GURULE (914) 700 0938
TERRADOX, INC (830) 227 3236
WARREN CAP, INC 00O PERKHS (310) 309 6893
14. ALL NEW PULL BOXES SHALL BE LOCATED OUTSOL OF CURS RAMPI
13. ALL dO CONVICCATION BEING SHELL GE KARIED (ILEGED) MITICY THE CONTROLLER CLANET ANS
UNDERGROUND SIRUCTURES
PROJECT LOCATION LEGEND
COEE OF CUTTER
LOCATION MAP
NOT TO SCALE POESTINY PUSH OUTION POST
CONSTRUCTIOM CONTRACTOR FURTHER MERCES TO PORT OF CONKECTION
STREET LICHT
TO CE LIMITCO 10
ERDEMMY AND HOLD INDEX OF DRAWINGS
SION PROFESSIONUL MARNLESS FROM ANY LABITY AND ALL LADAITY. PRATE SELL CONTROLOR CAUSTI
DESIGN PROFESSION MODE ON THE PROJIT, ACEPTAGLIT
TRATTIC SIGNAL
UNAUTHORIZED CHANGES & USES:
WRITING AND MUST EE APPROVED
PREPARD UNDER THE SUPERVISION OF PREPARED UNDER THE SUPERVISON OF V.C. ZIMMERMAN ENGINEERING, INC. killerk
CITY OF SIGNAL HILL 1.3
MILLAM G ZAATERUAN
САМІя пО 12981
FAX: 714-333-4712 WOZE
T.26362
POLE SCHEDULE
SIGNAL LEO LUMINAIRE PEO PEO PUSH BUTTON POLE LOCATION CONDUCTOR SCHEDULE PHASE POLE QUAD REDONDO AVE PHASES 424444248
SY -2-TA E MAS-3A (SP-1-CS AS SHORE ON PLAS 201h S1
1-4
1515 130 SV-1-1
1-PC
37*1-1
24-4-100 5Y-2-TA
SP-1-CS 2oth S1 (D)*3/84P/8SPP8
1S15 SY-2-TA
P.P.B. POST (O*2,70/#SP/-
AS SHONA IN PLAN 44,+6/82P.#4P/6217)
P.P.S. POST 9.5
(®-/-/84PP0
ALL CQUIPMENT IS NEW UNLESS OTHERWISE NOTED.
SEE A MOULD BE MOUNTED WITH EXTENDED ARM. TOTAL CABLE
RED
22° SERVICE
PROPOSED SIGNAL PHASE DIAGRAM s°c. 2-0cc LUMINAIRES
CRIST 1C —
ESNS
KEEN (1P31C
4-85 03-02
CHERGENCT VEHICLE PREENTION (EVP)
GREEN
DETAIL A
DR
TYPE 1 CLC
ST O1-+s
01102
DETAILE RESERVOIR
PERCENT FILL 13X13X|23x|20x|23%|24x 373 423427
©: CONQUIT SIZE (INCH) • 2-4
ALL CONDUCIORS AND CONDUITS ARE NEW UNLESS OTHERWISE SPECIFIED. 3-420
TYPICAL POLE PLACEMENT LEGEND
DETAIL C
COGE OF GUTTER
IRAFFIC SIGNAL CONSTRUCTION NOTES: EVP
EXISTING
EAST R/W
PEDESTRIAN PUSH BUTTON POST
LICHTING). 30AMP (INTERSECTION POINT OF CONVECTION
PROPOSED CONDUTT
INSTALL EMERCENCY VEHICLE PREEMPTION DETECTOR ON SIGNAL MAST ARM E GRANT ST PULLBOX PER MANUTACTURER'S INSTRUCTION.
4] INSTALL 30ºa38* SON. SERVICE EQUIPMENT ENCLOSURE
E PEN SEE E INDUCTIVE VENCLE DETECTOR LOOPS PER CALTRANS STO SIGNAL INTERCONNECT
STALET LENT
• I LESS OUTVE VENES/BETELE DETECTOR LOOPS PER CALTANS TOr Or CURe
TRAFFIC SIGNAL CORTROLLER CADINET
I SANDS AND INSTALL NEW SPUCE ONCLOSURE. SPUCE NECESSARY BER 1 W.G. ZIMMERMAN ENCINEERING. INC. AlOEM THE SUPERISON OF PREPARED UNDER THE SUPERVISION OF SUITE 1240 CITY OF SIGNAL HILL E ME |240
CA 92647 VILLAN GI : BERELE
714-799-1700 TRAFFIC SIGNAL DESIGN 2.3
FAX: 714-333-4712 WGŻE 20TH STREET AND REDONDO AVENUE
-81:22:2021
R6362
CITY OF SIGNAL HILL
E 20TH STREET AND REDONDO AVENUE
INTERSECTION IMPROVEMENT PROJECT
CITY PROJECT NO. 90.20007
SECTION 00010
TABLE OF CONTENTS
Page
SECTION 00010 TABLE OF CONTENTS..
SECTION 00100 NOTICE INVITING BIDS. --......................... ..
SECTION 00200 INSTRUCTIONS TO BIDDER............................ .... 3 SECTION 00400 BID FORM.............. ...11
SECTION 00405 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION......... ..13
SECTION 00410 BID BOND........ ...14
SECTION 00420 NONCOLLUSION DECLARATION. ..16
SECTION 00430 CONTRACTOR INFORMATION AND EXPERIENCE FORM... ...17 ...
SECTION 00440 LIST OF SUBCONTRACTORS FORM ..24
SECTION 00450 IRAN CONTRACTING ACT CERTIFICATION.. ...27 SECTION 00460 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ..28 SECTION 00500 CONTRACT .... .29
SECTION 00810 PERFORMANCE BOND .. ..32
SECTION 00620 PAYMENT BOND..... .36
SECTION 00700 GENERAL CONDITIONS. ..40
SECTION 00750 SPECIAL CONDITIONS... ..81
APPENDIX INSURANCE REQUIREMENTS ..97
i SECTION 00010
TABLE OF CONTENTS
55728.00300133360134.1
SECTION 00100
NOTICE INVITING BIDS
The City of Signal Hill ("City") will receive electronic bids only for the E 20th Street and Redondo Avenue Intersection Improvement Project, no later than 3:00 PM on March 9, 2023. The electronic bid management system will not accept late bids. Bids shall be valid for 90 calendar days after the bid opening date.
Bids must be submitted on City's Bid Forms, available to registered vendors through the City's electronic bid management system, PlanetBids, at:
https://pbsvstem.planetbids.com/portal/36746/bo/bo-detail/101583 Interested bidders may participate by selecting "Bid Opportunities" on the home page. The Contract Documents may be downloaded at no charge. Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline. Contract Documents will not be available for sale at City Hall.
Plan rooms that register may also download the contract documents and offer them for review.
All parties downloading Contract Documents will be listed under the solicitation's "Prospective Bidders" tab.
There will NOT be a Pre-Bid Conference held for this Project. Prospective bidders may still visit the Project Site without making arrangements through the Contracts Manager.
Bids must be accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price The successful bidder will be required to furnish City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.
Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.
The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Signal Hill Public Works Department or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractors) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
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 SECTION 00100
NOTICE INVITING BIDS
55728.0030033360134.1
SECTION 00100
NOTICE INVITING BIDS
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. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. 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.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification of contractor's license, for the work bid upon, and must maintain the license throughout the duration of the Contract: Class A General Contractor license. In addition. the successful bidder will be required to self-perform at least 50% of the work.
Award of Contract: City shall award the Contract for the Project to the lowest responsible bidder as determined from the base bid alone. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact Patrick Kelley, Public Works Contracts Manager, at (562) 989- 7361 or [email protected].
Posted in accordance with S.H.M.C. Section 1.08.010 on or before: February 10, 2023 Published on PlanetBids on:
February 10, 2023
END OF NOTICE INVITING BIDS
2 SECTION 00100
NOTICE INVITING BIDS
55728.00300 33360134 1
SECTION 00200
INSTRUCTIONS TO BIDDERS
AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to Clty on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may download a complate set of Contract Documents at no charge as stated in the Notice Inviting Bids.
Notice Inviting Bids.
2. EXAMINATION OF CONTRACT DOCUMENTS
City has made coples of the Contract Documents avallable, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, Including any Addenda issued during the bidding period, and for informing itself with respect to local labor avallabillty, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, focal tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at Its sole risk, and no rellef for error or omission will be given except as required under State law.
3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of City by must be sent via the electronic bid management system and received no later than March 2, 2023 at 5:00 PM.
Any interpretation of the Contract Documents will be made only by written addenda duly Issued and posted to the bid management system. All plan holders will be notified by e-mail when an Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK 3 SECTION 00200
INSTRUCTIONS TO BIDDERS
S5728.00300133360134.1
SECTION 00200
INSTRUCTIONS TO BIDDERS
Walk will be held on the date(s) and times) Indicated in the Notice Inviting Bids, Storm, surface, ground, nuisance, or other waters may be encountered at varlous times during construction of the rofect. Federal and State laws require the City and Its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Orde Number 2008-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, the Callfornia Porter Cologne Water Quality Control Act, Signal Hill Municipal Code, and any orders issued pursuant to these requrements. By submitting a Bid, each bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and fabllities arising therefrom.
5. ADDENDA
City reserves the right to revise the Contract Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda Issued by City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, If City Issues an Addendum which Includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, City will extend the deadline for submisslon of bids. City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Announcement of any extension shall be made via the electronic bid management system to all plan holders. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, the electronic bid management system requires each bidder acknowledge receipt of all addenda before submission of the bid.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only, unless otherwise specified in the Notice Inviting Bids. However, City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of altemates. The time required for completion of the altemate bid items has been factored Into the Contract duration and no additional Contract time will be awarded for any of the altemate bld items. City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
7. COMPLETION OF BID FORMS
8. ELECTRONIC SUBMISSION REQUIREMENTS
The bidder must enter pricing in the electronic bid form for any and all tre items or a lump old pride tor nets rington low plaing provided in the electronic bid form will be the only vali. 4 SECTION 00200
INSTRUCTIONS TO BIDDERS
55728.00300133360134.1
:
SECTION 00200
INSTRUCTIONS TO BIDDERS
"he bidder must enter subcontractor Information in the electronic bld form. Th ubcontractor information provided electronically will be the only valid subcontractor Information The bidder must attach a polf file(s) to the electronic bid submission containing all the completed and signed Bid Documents.
9. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract substitutions thereon. Oral, telephonic, and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
10. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or Its authorized representative. Bidder shall upload an electronic scanned copy of the executed Bid Form to the electronic bid management system. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. if a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be Jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bld shall be executed by the designated joint venturer or partner on behalf of the Joint venture or partnership in its legal name.
11. DESIGNATION OF SUBCONTRACTORS
12. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to City; (c) a as pincipe and murdy a abilgor Can amount hot bes than than of Che mainte around or teM 5 SECTION 00200
INSTRUCTIONS TO BIDDERS
95728.00300133360134.1
SECTION 00200
INSTRUCTIONS TO BIDDERS
THE BID SECURITY MUST BE RECEIVED PRIOR TO THE SPECIFIED DATE AND TIME FOR BID OPENING.
The Bid Security must be submitted directly to the City Clerk at City Hall, 2175 Cherry Avenue Signal Hill, CA 90755, In an envelope clearty labeled with the Project Name/Number and Bidder's Name and Address.
specified date and time for bid opening.
13. SUBMISSION OF SEALED BIDS
Bidders may submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission are stated in the Notice Inviting Bids. City shall not accept bids otherwise transmitted. No oral, telephonic, or facsimile bids will be considered.
It is the sole responsibility of each bidder to see that its Bid is property submitted to PlanetBids in the proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. The City will only consider bids that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids Indicating that the Bid was submitted successfully.
Bidders experiencing any technical diffculties with the bid submission process may contact the PlanetBlds system support at 818-992-1771. Nether the City, nor the City's bid management system, make any guarantee as to the timely avallability of assistance, or assurance that any given problem will be resoived by the bid submission date and/or time.
14. DELIVERY AND OPENING OF BIDS
6 SECTION 00200
INSTRUCTONS TO BIDDERS
35728.00300433360134.1
SECTION 00200
INSTRUCTIONS TO BIDDERS
15. WITHDRAWAL OF BID
Prior to the bld closing deadiine, a Bid may be electronically withdrawn by the Bidder. Any request to withdraw a bid after bid closing must be made in accordance with Public Contract Code section 6100 et seq. and must be submitted in wrtting within five (5) working days, excluding Saturday, Sundays and State holidays, specifying in detail how the mistake was made
16. BASIS OF AWARD; BALANCED BIDS
City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive
17. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Profesaions Code, City shall consider any bid submitted by a contractor not currenty licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract.
18. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one prime bid on the same Project. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualitied from submiting a subproposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.
19. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.
20: AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible
INSTRUCTIONS TO BIDDERS
55728,00300133360134.1
SECTION 00200
INSTRUCTIONS TO BIDDERS
Contract time will begin to run ten (10) calendar days from the date of the notification. Once City receives all the properly drafted and executed documents and certifications from the Bidder, City shall issue a Notice to Proceed to that Bidder.
21. FILING OF BID PROTESTS
Bldders may file a "protest" of a Bid with City's City Clerk. In order for a Bidder's protest to be considered valid, the protest must
A. Be filed in witting within five (5) calendar days after the bid opening date; Clearly identify the specific Irregulartty or accusation; Specify, in detall, the grounds of the protest and the facts supporting the protest; D. Include all relevant, supporting documentation with the protest at time of fling.
If the protest does not comply with each of these requirements, it may be rejected without further review.
If the protest is valid, City's Contracts Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Contracts Manager will provide a written decision to the protestor. The protestor may then appeal the decision of the Contracts Manager to the Director of Public Works.
The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Fallure to comply with these procedures shall constitute a fallure to exhaust administrative remedies and a walver of any right to further pursue the bid protest.
22 WORKERS COMPENSATION
Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation for.
23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Doouments. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retalned in accordance with Public Contract Cade Section 8 SECTION 00200
INSTRUCTONS TO BIDDERS
55728.00300133360134.1
SECTION 00200
INSTRUCTIONS TO BIDDERS
24. PREVAILING WAGES
25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shail be returned to City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
26. IRAN CONTRACTING ACT CERTIFICATION
Each bidder shall submit the certification requined by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. as provided with the Bid Documents.
27. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be Ilsted 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. If awarded a Contract, the Bidder and its subcontractors, of any tler, shall maintain active registration with the Department of Industriel Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided In the Designation of Subcontractors Form.
28. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
shall deliver to City four identical counterparts of the Performance Bond and Payment Bond In the form supplied by City and Included in the Contract Documents. Fallure to do so may, in the sole 9 SECTION 00200
INSTRUCTIONS TO BIDDERS
55728.00300133360134.1
SECTION 00200
INSTRUCTIONS TO BIDDERS
29. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to the bid opening date are set forth in the Special Conditions.
30. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay callfornla sales tax and other applicable taxes, and to pay for permits, licenses and fees requirec by the agencies with authorty in the jurisdiction In which the work will be located, unless otherwise expressly provided by the Contract Documents.
31. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award Is made shall execute the Contract In the amount determined by the Contract Documents. City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.
END OF INSTRUCTIONS TO BIDDERS
10 SECTION 00200
INSTRUCTIONS TO BIDDERS
55728.0030033360134.I
:
SECTION 00400
BID FORM PROPOSAL
NAME OF BIDDER:
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, Including all plans, specifications and all addenda, if any, for the following Prolect
E 20th Street and Redondo Avenue Intersection Improvement Project We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the Total Bid Price Indicated in the electronically submitted bid schedule via PlanetBids.
In the event the electronic bid schedule requires unit pricing, final payment shall be determined by the City from measured quantities of work performed based upon the unit price.
The undersigned agrees that the electronic bid accompanied by this Bid Form constitutes a firm otter to the City which cannot be withdrawn for the number of calendar days Indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
If the Contract Documents specify altemate bid items, the Alternate Additive or Deductive Bid amounts shall be added to or deducted from the Total Bid Price at the City's sole option. The City can choose to include one or more of the Alternate Bida in the Profect. If any of the Alternate Bids are selected by the City, the resulting amount shall be added to or deducted from Total Bid Price for the Project. The City may select one or more of the Alternate Bids at the stated Bid Price up to sixty (60) days following award of the Contract. The City can award/select Alterate Bid Items at any time(s). All bids shall be valid for a perlod of sixty (60) days after City's bid opening date, notwithstanding any award of the Contract by City to another bidder.
The Contract duration shall commence on the date stated in City's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in City's Notice to Proceed.
Bidder certifies that it is licensed in accordance with the law providing for the registration of Conder tea it enter, each member of the in Venture must incred of love informatif the The undersigned acknowledges understanding and full consideration of the electronically issued addenda to the Contract Documents.
Bidder has attached and incorporates the following in Its bid:
11 SECTION 00400
BID FORM PROPOSAL
55728.00300133360134.J
SECTION 00400
BID FORM PROPOSAL
A Bid Form Proposal (Section 00400) Fillin, Sign, Scan, and Upload B Bid Item Schedule Input Bid Item values on-line on PlanetBlds C Compensation orm (Setion 00405) Fill-in, Sign, Scan, and Upload D Bid Bond form (10% of the total bld) 1. Fillin, Sign, Scan, and Upload (Section 00410) 2. Original wet signature hard-copy submitted in person until Bid Opening Date
E ection on again form Fit-in, Sign, Scan, and Upload
F Experience Form (Section 00430) Fil-in, Sign, Scan, and Upload G List of Subcontractors Form (Section Fillin, Sign, Scan, and Upload 00440)
H (Section 004i0) A Carication form Fin, Sign, Scan, and Upied Fil-in, Sign, Scan, and Uptoad
J Addenda, If lasued FIlHn, Sign, Scan, and Upload
hereby certify under penalty of perjury under the laws of the State of California, that all th formation submitted in connection with this Bid and all the representations made herein are tru and correct.
Total Proposed Amount S
Name of Bidder_
Signature
Name
Title
Dated
•
END OF BID FORM PROPOSAL
SECTION 00400
BID FORM PROPOSAL
55728.00300133360134.1
: SECTION 00405
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against labillty for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provistons before commencing the performance of the work of this Contract.
Name of Bidder
Signature.
Name
Titte
Dated
END OF CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION •
SECTION 00405
13 CONTRACTOR's CERTIFICATE REGARDING
WORKERS' COMPENSATION
5572800300133360134,1
SECTION 00410
BID BOND
and makers of thie bond are.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the , 2023 for the E 20th Street and Redondo Avenue
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to City as required by the Contract Documents; then this obligation shall be null and vold. Otherwise, this bond will remain In full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby walve notice of any such changes. court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under ther several seals this _ day of _ 2023, the name and corporate seal of each corporation.
(Corporate Seal).
Contractor/ Principal
By
Title
(Corporate Seal).
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Tite.
14 SECTION 00410
BID BOND
55728.00300133360134.1
EXHIBIT "B"
CONSTRUCTION NOTES:
MARIONGS SHALL BE THERMOPLASTIC AND PER
32A) INDICATES DETAIL NUMBER PER CALTRANS STANDARD PLANS.
INSTALL 11° MDE WHITE CROSSWALK WITH 12° WIDE STRIPES PER CALTRANS STD. PLAN A24F.
INSTALL 12ª WIDE WHITE LIMIT LINE PER CALTRANS STD. PLAN AZ4E.
INSTALL 4" MIDE WHITE STRIPE PEA CALTRANS STD. PLAN A2OD. CRIST EG INSTALL TYPE TV (L/R) PAVEWENT MARKINCS PER CALTRANS STD. PLAN A241 ExIST EC
EXIST TE
• INSTALL PROPOSEO PCE CURE RAUP PER CALTRANS STO. PLAY ABBA (CASC SHOMI ON PLAN). • REMOVE AND SALVAGE EXISTING SIGN.
REWOVE EXISTING THERMOPLASTIC STRIPING/PAVEMENT MARKINGS DY GRINDINO.
PET 1,4-CH THICK PCC SEWALK OVER G-HICH CAD BASE PER SPRC STANDARD CONSTRUCT TYPE B-6 CURD PER CITY OF SIGNAL HELL STANDARO PLAN 203. ODEST STRIPEO MEDIAN 1 INSTALL CRATED LINE DRAIN ON EXISTING CUTIER PER CALTRANS STD. PLAN 09SH
I SANCUT AND REVOVE EXISTING ASPHALT FELL DEPEN
HERE SENSE SE NO DO CASTING AE AND PROPOSED
ME ON IN POST TURN ONLY SIGN AND INSTALL NEW 30K30* 881-12(CA) 104 5r @ 20TH 26.5°
•SEE DETAIL B
235 ких
- EXIST SN
13 EXIST TC
4.51 RETAINING
WALL
EXIST E
DETAIL A DETAIL B
EXIST CURD AND CUTTER- LEGEND
DE EXIST SW DRAIN
EXIST PAVEMENT- REDONDO AVE
VARIES EXISTING STRING & MARKINGS
PROPOSED STRIPIG A MARKINGS
CoGE or GUTTER
cast
PROP SCALE
RIGHT OF MAY
TOP Or CuT
SECTION A-A
PREPARED UNDER THE SUPERVISION OF
W.G. "2MMERMAN ENGINEERING INC. wallah CITY OF SIGNAL HILL 17011 BEACH SUITE 1240 -. 3
HUNTINGTON BEACH, CA 92647 HOWAS D. DERELE STRIPING PLAN CHEMIR NO 1AS1
713-700-1701
20TH STREET AND REDONDO AVENUE
FAX: 714-333-4712 WGZE
-R1:23-2321 .R6362
SECTION 00410
BID BOND
Notary Acknowledgment
Cartes outine detaine i can ma signed the
STATE OF CALIFORNIA
COUNTY OF
On. , 20 _ before me, _ _ Notary Publlc, personally
appeared. , who proved to ma on the basis of aatisfactory I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
nough the the out reo ta of of rand y and remay front ali ran a dog on the documan.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D Individual
D Corporate Officer
Tite or Type of Document
o Partner(s) Limited
0 General Number of Pages
D Attomey-In-Fact
• Guardian/Conservator Date of Document
Signer is representing:
Name Of Person(a) Or Entityles)
Signer(a) Other Than Named Abova
SECTION 00410
BID BOND
_55728.00300033360134.1
NONCOLLUION DECLARATION
The undersigned declares:
I am the _of_ _ the party making the foregoing bid.
declare under penalty of pertury under the laves of the state of Calformla that the forgoing la ue and correct and that this declaration is executed o Name of Bidder
Signature,
Name
Title
Dated
END OF NONCOLLUSION DECLARATION
16 SECTION 00420
NONCOLLUSION DECLARATION
35728.0030033360134.1
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
**Fallure to complete all Information may render your bid nonresponsive - Indicate not applicable ("N/A") where appropriate.**
VOTE: Where Bidder is a joint venture, pages shall be duplicated and Information provided for all partles to the joint venture.
1.0 Name of Bidder.
-
2.0 Type, if Entity:
-
3.0 Bidder Address:
-
Facsimile Number Telephone Number _
Webstte Address_
4.0 How many years has Bidder's organization been in business as a Contractor?
5.0 How many years has Bidder's organization been in business under its present name?
5.1 Under what other or former names has Bidder's organization operated?
6.0 If Bldder's organization is a corporation, answer the following:
6.1 Date of Incorporation:
6.2 State of Incorporation:
6.3 President'&/CEO Name:
6.4 Vice President's Name(s):
6.5 Secretary's Name:
6.6 Treasurer's Name:
7.0 If an Individual or a partnership, answer the following:
7.1 Date of Organization:
17 SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
55728.00300133360134.1
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
Darmerand dress of all partners (state whather general or limited
8.0 If other than a corporation or partnership, describe organization and name principals:
9.0 List other states in which Bidder's organization is legally quallfied to do business.
10.0 What type of work does the Bidder normally perfor with Its own forces?
11.0 Has Bidder ever falled to complete any work awarded to it? If so, note when, where, and why:
12.0 Has the Bidder ever been in default, debarred or suspended in any way? If so, note when and why.
13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it falled to complete a contract? If so, attach a separate sheet of explanation:
14.0 List Trade References (Materlals Supplers, Vendors, Union Representatives, etc.:
18 CONTRACTOR INFORMATION AND EXPERIENCE FORM SECTION 0D430 55728.00300433360134.1
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
15.0 List Bank References (Bank and Branch Address):
16.0 Name of Bonding Company and Name and Address, email address and phone number of Agent:
19 SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
5572B.00300133360134.1
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
B. LIST OF CURRENT PROJECTS (BACKLOG)
**Duplicate Page if needed for listing addittonal current projects.** Project and Description of Completion Date Cost of Amounted Cilent Contact Bidder's Work Bidder's Work Bonded
Person and
Phone Number
20 SECTION 0D430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
55728.00300133360134.1
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
C. LIST OF COMPLETED PROJECTS LAST THREE YEARS
*Duplicate Page if needed for Ilsting additional completed projects.** Please Include only those projects which are similar enough to demonstrate Bidder's ablty to perform the required Work.
Client Description of Perlod of
Bidder's Work Performance Contact name d
SECTION G0430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
55728.00300133360134.1
SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
D. EXPERIENCE AND TÉCHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bation shal lentil re in personal to be assigned to this project in a management,
1. List each person's job title, name and percent of time to be allocated to this project:
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
4. Summarize such experience:
dder agrees that any personnel named in this Bid will remain on this Project until completion I relevant Work, unless substituted by personnel of equivalent experience and qualificatio approved in advance by City.
22 SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
55728.00300133360134.I
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE FORM
Additlonal Bidder's Statements:
If the Bldder feels that there is additional Information which has not been Included in the questionnaire above, and which would contribute to the qualification revlew, It may add that Information In a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of Callfornia that the foregoing Information ls true and correct:
Name of Bidder.
Signature
Name
Title
Dated
END OF CONTRACTOR INFORMATION AND EXPERIENCE FORM
23 SECTION 00430
CONTRACTOR INFORMATION AND EXPERIENCE FORM
35728.00300133360134.1
SECTION 00440
LIST OF SUBCONTRAGTORS FORM
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion tself. The Prime Contractor is required to complete at least 50% of the contract value with its own forces.
Work to be done DIR Registration % of the
by Location of Number Work
Subcontractor Subcontractor Business
24 SECTION 00440
LIST OF SUBCONTRACTORS FORM
55728.00300133360134.1
SECTION 00440
LIST OF SUBCONTRACTORS FORM
Work to be done SLB Contractor DIR Registration % of the by Location of icense No. Number Work
Subcontractor Subcontractor Business
•
25 ECTION 0044
IST OF SUBCONTRACTORS FOR
55728.00300133360134.1
SECTION 00440
LIST OF SUBCONTRACTORS FORM
Work to be done SLB Contracto DIR Registration % of the by Location of Icense No Number Work
Subcontractor Subcontractor Business
Name of Bidder
Signature_
Name
Title
Dated
END OF LIST OF SUBCONTRACTORS FORM
26 SECTION 00440
LIST OF SUBCONTRACTORS FORM
55723.00300133360134.t
SECTION 00450
IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code Section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
(l) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(i) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 o more to any other person or entity identified on the current list of persons and entities engaging The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signed:
Titled:
Firm:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
END OF IRAN CONTRACTING ACT CERTIFICATION
SECTION 00450
27 IRAN CONTRACTING ACT CERTIFICATION
55728.00300133360134.1
SECTION 00460
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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 the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
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 Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Bidder:
DIR Registration Number:
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder
Signature
Name
Title
Dated
END OF PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION SECTION 00460
28 PUBLIC WORKS CONTRACTOR REGISTRATION
CERTIFICATION
55728.00300 33360134.1
SECTION 00500
CONTRACT
THIS CONTRACT is made this State of Calfonta, by de th between de City of Signal Hil heret Cut ofed fly, des, the consideratone stated herein agree as einower called Contractor. Cly and the Contractor for E 20th Street and Redondo Avenue Intersection Improvement Project The Contractor and Its surety shall be liable to City for any damages arising as a result of the Contractor's fallure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 work days from the commencement date stated in the Notice to Proceed.
By its signature hereunder, Contractor agrees the time for completion set forth above Is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contrac Documents, Including all applicable taxes and costs, the sum _). Payment shall be made as set forth in the General
Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 63069.85, it is agreed that the Contractor will pay City the sum of $1000 for each and every work day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are ot pald, the Contractor agrees City may deduct that amount from any money due or that ma come due the Contractor under the Contract. This Article does not affect the City's rights t other damages or remedles specified in the Contract Documents or allowed by law.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" Include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
29 SECTION 00500
CONTRACT
55728.00300133360134.1
SECTION 00500
CONTRACT
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all the Contract Documents.
All the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
INAME OF CONTRACTOR] CITY OF SIGNAL HILL
By By.
Name:
Title:
License No.
SECTION 00500
30 CONTRACT
55728.00300 33360134.1
SECTION 00500
CONTRACT
By. Attest:
Name:
Title: Carmen R. Brooks
City Clerk
(If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED)I
Approved as to Form:
Best Best & Krieger, LLP
City Attorney
END OF CONTRACT
31 SECTION 00500
55728.00300433360134.I
SECTION 00610
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
HAT WHEREAS, the City of Signal Hill (hereinafter referred to as "City") has awarded 1 (herelnafter referred to as th
"Contractor") an agreement for
(hereinafter referred to as the "Project").
An us a dare perman of said cried umen the terms thereo NOW, THEREFORE, we,
DOLLARS and
CENTS ($ , said sum being not less than one hundred percent (100%) of the total amount of the Contraci, 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, if provided as part of the Contract Documents, 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.
period of one (1) year after the acceptance of the work by City, during which time If Contractor shall fall to make full, complete, and satisfactory repalr and replacements and totally protect the "lty from loss or damage resulting from or caused by defective materials or faulty workmanshir the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shal continue so long as any obligation of Contractor remains. Nothing herein shall Itmit the City's ghts or the Contractor or Surety's obligations under the Contract Documents, law, or equit cluding, but not limited to, Californla Code of Civil Procedure section 337.1l 32 SECTION 00810
PERFORMANCE BOND
55728.00300133360134.1
SECTION 00810
PERFORMANCE BOND
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:
(1) Take over and complete the Project in accordance with all terms and conditions it he Contract Documents; or
(2) btaln a bid or bids for completing the Project in accordance with all terms a nditions In the Contract Documents and upon determination by Suraty of t by the hay ne he contin
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 Califomla law and make avallable as work progresses sufficlent 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 llable. 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 Documents 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.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfilment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor In completing the Profect nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notiffes Surety of the City's objection to Contractor's further participation in the completion of the The Surety, for value received, hereby stipulates and agrees that no change, extension of time, but are not limited to, changes or alterations to the Contract Documents (including, withoul imitation, an Increase in the total dollar amount of the Contract Documente), extensions of time SECTION 00810
33 PERFORMANCE BOND
55728.00300133360134.)
SECTION 00610
PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of _20_
CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Principal, If a Corporation) Name of Contractor/Principal (Type or Print) By:
Name (Signature)
Name (Type or Print)
Title (Type or Print)
SURETY
(Seal of Surety)
Name of Surety (Type or Print)
By: _
Attomney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rade of rentum on thie bond lo- _per thousand. The total amount of premium (The above must be filled in by corporate attorney.)
IHIS 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 Callfornia, If different
from above)
(Telephone number of Surety and
-
Agent or Representative for service
of process In Californla)
34 SECTION 00810
PERFORMANCE BOND
35728.00300033360134.1
SECTION 00810
PERFORMANCE BOND
Notary Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On_ - 20. _ before me,_ _ Notary Public, personalty
appeared — who proved to me on the basis of satisfactory vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged t e that he/she/they executed the same in his/herftheir authorized capacity(les), and that by his/her/the signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executer he Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Pubita
OPTIONAL
Though the foul over tent of and yant a ront e aton to anther in m the document
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o Individual
o Corporate Officer
Tite(s) Tito or Type of Document
o Partner(s) Limited
General Number of Pages
o Altomay-In-Fact
• Trustee(8)
Guardian/Conservator Date of Document
Signer is representing:
Name Of Person(e) Or Ertily(les)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attomey to local representatives of the bonding company must be attached hereto.
END OF PERFORMANCE BOND FORM
35 SECTION 00610
PERFORMANCE BOND
55728.00300133360134.1
SECTION 00820
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Signal HIll (herelnafter designated as the "City"), by action taken or a resolution passed_
_ hereinafter designated as the "Principal," a contract for the work described 88 follows:
(the "Project"); and
WHEREAS, sald Principal Is required to furnish a bond in connection with said Contract Documents; providing that If sald 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 pald 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 herelnafter set forth.
NOW THEREFORE, we, the Principal and
as Surety, are held and firmly bound unto the City in the penal sum of DOLLARS and CENTS
) 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 sald Principal, his or its subcontractors, in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be sult, Including reasonable attorneys' fees, court costs, expert witness fees and investigation This bond shall Inure to the benefit of any of 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. 36 SECTION 00620
PAYMENT BOND
55728.00300133360134.1
SECTION 00620
PAYMENT BOND
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released om the obligation or this bond by any change, extension of time for performance, additio Iteration or modification in, to, or of any contract (Including the Contract Documents), plan:
specllications, 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 attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of clalmants 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 withstanding any other provision of this bond, it is expressiy understood, acknowledged, a reed that it shall provide all of the protections required by California Civll Code Sections 95! through 9566, Including the specific coverage protections required by Section 9554.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
37 SECTION 00620
PAYMENT BOND
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SECTION 00820
PAYMENT BOND
IN WITNESS WHEREOF, two (2) Identical counterparts of this Instrument, each of which shall for all purposes be deemed an originat thereo, have been dusy axecuted by the Principal and Surety abor ate med n the orporate party being hareto afted and these presente duty gad a te _ the name and undersigned representative pursuant to authority of its governing body.
CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By:
Name (Signature)
Name (Type or Print)
Title (Type or Print)
SURETY
(Seal of Surety)
Name of Surety (Type or Print)
By: _
Attomey-In-Fact
38 SECTION 00620
PAYMENT BOND
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:
SECTION 00620
PAYMENT BOND
Notary Acknowledgment
STATE OF CALIFORNI
COUNTY OF
On. - 20 _ bafore me,. _ Notary Public, personally
appeared. _ who proved to me on the basis of satisfactory I certliy under PENALTY OF PERJURY under the laws of the State of Callfornla that the foregolng paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Pulle
OPTIONAL
hough the information below is not required by felt, it may prove valuable to porsons rolying on the documos and could prevent fraudulent removal and reattachment of this form to another documen
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • Individual
• Corporate Officer
тit6(8) THe or Type of Document
o Partner(s) Limited
General Number of Pages
o Attorney-In-Fact
• Guardian/Conservator Date of Document
Signer Is representing:
Nama Of Person(s) Or Entity(les)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
END OF PAYMENT BOND FORM
39 SECTION 00620
PAYMENT BOND
55728.0030033360134.1
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SECTION 00700
GENERAL CONDITONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.
b. Ast of God Is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.
C. Approval means written authorization by Engineer and/or City. d. Contract Documents Includes all documents as stated in the Contract.
City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the City Engineer, or his or her designee, of the City, aoting elther directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as "City's Representative" or "Representative" in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detalled, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. i. Install means the complete Installation of any Item, equipment, or material.
K. Matertal shall Include machinery, equipment, manufactured articles, or onstruction such as form work, fasteners, etc., and any other classes of matert be furnished in connection with the Contract. All materials shall be new unles specified otherwise.
1. Perfor shall mean that the Contractor, at Contractors expense, shall take all actlons necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated pecified, or requred to complete such performance
m. Proied is The Work planned by City as provided in the Contract Documents. n. Provide shall include provide, complete in place, that Is furish, install, test and make ready for use.
40 SECTION 00700
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GENERAL CONDITIONS
p.
supplements, addenda, and revisions thereof. In the case of confict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
The Work means the entire improvement planned by City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated In the construction covered by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what Is called for by one shall be as binding as If called for by all. b. Interpretations. The Contract Documents are Intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer In writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1) Change Orders or Work Change Directives
2) Addenda
3) Special Provisions (or Special Conditions)
4) Technical Specifications
5) Plans (Contract Drawings)
6) Contract
7) General Conditions
8) Instructions to Bldders
9) Notice Inviting Bids
10) Contractor's Bid Forms
41 SECTION 00700
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GENERAL CONDITIONS
11) Greenbook Standard Specifications (Sections 1-9 Excluded) 12) Standard Plans
13) Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1) Figures govern over scaled dimensions
2) Detail drawings govern over general drawings
3) Addenda or Change Order drawings govern over Contract Drawings 4) Contract Drawings gover over Standard Drawings
Contract Drawings gover over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3. BID DOCUENTS
The City will not provide hard copies of bid documents. Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a.
requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary 42 SECTION 00700
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c.
d.
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a.
b. The service connections to these utilties are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections and, if necessary, Contractor shall arrange for the relocation of service The Contractor shall make its own Investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result In damage to such utilities. The Contractor shall immedlately notify City in writing of any utilts discovered in a different position than shown on the Plans or which is not shown on the Plans.
c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilties shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating Its Work with all utility companles during the aditonal paymen for delay attriCtable to wily relocat onto a terations The Contractor will not be entitled to damages o d. Notwithstanding the above, pursuant to Section 4216 of the Goverment Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications.
e. Coletion center, Southem Callomi, undergroute Sance Aler sit - 00-27.
SECTION 00700
43 GENERAL CONDITIONS
55728.00300133360134.1
SECTION 00700
GENERAL CONDITIONS
Contractor or any subcontractor of the Contractor and City has been given the Identification number by the Contractor.
ARTICLE 6. SCHEDULE
a.
b. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and "float time" for all "slack" or "gaps" in the non-critical activities.
The schedule shall clearly Identify all staffing and other resources which in the Contractor's judgrent are needed to complete the Project within the time spacified for completion. Schedule duration shall match the Contract time. Schedule should Indicate the duration of time at each location.
c. Schedule Updates. Contractor shall continuously update its construction schedule.
ARTICLE 7. SUBSTITUTIONS
a. pected or he frater code that alone cemen proude, things, or services by specific brand or trade name.
Unless specifically designated in the Contract Documents, 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 daemed to be used for 44 SECTION 00700
GENERAL CONDITIONS
55728.00300133360134.1
SECTION 00700
GENERAL CONDITIONS
C.
d. Data required to substantiate requests for subatitutions of an "or equal" material, process or article data shall Include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating date shall include any and all lustrations, specificattons, 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 materiai, 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. Fallure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.
The Contractor shall bear all of City's costs assoclated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted "or equal material, process, or article.
g. Contractor Is directed to the Special Conditions (If any) to review any findings made pursuant to Public Contract Code section 3400.
ARTICLE 8. SHOP DRAWINGS
a.
b.
45 SECTION 00700
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55T28.0030033360134.1
SECTION 00700
GENERAL CONDITIONS
ARTICLE 9. SUBMITTALS
a.
equesting installed materials to be exposed. The log shall Indicate whethe amples will be provided in accordance with other provisions of this Contrac Contractor will provide samples and submittals, together with catalogs anc upping data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays In the Work.
These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for complance with informatio given in the Contract Documents. Work shall be in accordance with approve Preparing submittal documents does not warrant payment to the contractor and as such will not be included in estimate for progress payment.
ARTICLE 10. MATERIALS
a. Except as otherwise spacificalty stated In the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all ther services and facilties of every nature whatsoever necessary to execute an omplete this Contract within specifled time. The City will not compensate Contractor for equipment and materials stared in the field and not incorporated into the work product.
b.
c. Materlals shall ba furished in ample quantities and at such times as to ensure 46 SECTION 00700
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55728.00300133360134.1
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GENERAL CONDITIONS
d. No materials, supples, or equipment for Work under this Contract shall be e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of City or any Independent contractor. f. Materiats and equipment dellvered but not incorporated into the work will not be included in the estimates for progress payment.
ARTICLE 11. CONTRACTOR'S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Profect superintendent approved by City. Superintendent must be able to proficlently speak, read and write in English. Contractor shall continuousy provide efficient supervision of the Project.
ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict disolpline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. any employee of the Contractor whom Clty determines is incompetent or unfit shal e removed from this Project
ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor's portion of Tha Work. All subcontracts entered into by Contractor relating to any of the Work under his Contract shall comply with and be limited to the extent required by Civil Code section 2872.05. Contractor shall be as fully responsible to City for the acts anc omissions of its subcontractors and of persons either directly or Indirectly employed by Its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City. b. City reserves the right to Approve all subcontractors. City's Approval of any subcontractor under this Contract shall not in any way relleve Contractor of Its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bld Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to Callfornia Public Contract Code section 4100 et seq. 47 SECTION 00700
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GENERAL CONDITIONS
ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a.
b.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of Inspection and required approvals to City.
ARTICLE 15. UTILITY USAGE
a. All temporary utilties, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. b. ontractor shall provide necessary and adequate uttittes and pay all costs fi ater, electricity, gas, oil, and sewer charges required for completion of th Project.
All permanent meters Installed shall be listed in the Contractor's name until the Work is accepted.
d. If the Contract Is for construction in existing facilities, Contractor may, with prior written Approval of City, use City's existing utilties by compensating City for utilities used by Contractor.
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent ulties including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be pald for by City. Contractor shall be payment of such fees.
48 SECTION 00700
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ARTICLE 17. TRENCHES
a.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Cly. In tor ang, rampty, and before the following conditione are dilturbed, motty 1) Material that the Contractor belleves may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class Il, or Class Ill disposal site ir accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinartly encountered and generally recognized as herent in work of the character provided for in the Contract ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
SECTION 00700
49 GENERAL CONDITIONS
55728.00300133360134.1
SECTION 00700
GENERAL CONDITIONS
with an electronic copy of those documents to Glenn Kriechbaum, Public Works Inspector, at [email protected]. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
site(s), and shall not require the Contractor to subcontract for such services. The Work in the ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state, and local codes ordinances, and regulations.
Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 2u workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitar condition at all times. Use of toilet facilities in The Work under construction shall not be permitted Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.
ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances, and statutes.
All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.
Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using me ador providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality ARTICLE 22. WATER QUALITY MANAGEMENT AND COMPLIANCE
This section is supplemented by the addition of the following requirements in accordance with City Ordinances that establishes stormwater and urban runoff pollution prevention controls. 50 SECTION 00700
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GENERAL CONDITIONS
a.
areas shall be retained or controlled on site and shall not be permitted to enter the b. Temporary sediment fitering systems such as sandbags, silt fences, or gravel berms shall be ulized to trap sediment so that only filtered water enters the Cly's storm drain system. Proper clean up and disposal of settled sediment and the fltering system shall be the responsibility of the Contractor. c. Discharge of concrete transit mixer wash water on to approved dirt areas (sub- rade area designated for now concrete construction, for example) is acceptabl scharge on to private property, parkway areas, or the street is not permitte d. Plastic or other Impervious covering shall be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.
0. xcavated soil stored on the site shall be covered in a manner that minimizes th mount of sediment running into the storm drain system, street, or adjoinin propertles.
f. o wasning of construction or other industrial vehicles and equipment shall lowed adjacent to a construction sil
g. Juring the rainy season (October 1 to April 15), Contractor shall keep at th onstruction site sufficient materials and labor to Install temporary sedimer filtering systems and other water pollution prevention control measures. These control measures shall be in place and maintained by the Contractor on a daily • basis on days when construction is not in progress due to rain. h.
I.
1. 51 GENERAL CONDITIONS
55728.00300133360134.1
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GENERAL CONDITIONS
submittal of all reports, plans, Inspections, and montoring Information in compliance with the Construction General Permit. City retains the right to develop Its own documentation for the project site, including but not limited to the SWPPP. and in the alternative may require Contractor to adopt and implement portions of the City-developed SWPPP. Specific requirements for the Work site shall be set forth In the Special Conditions. Contractor shall Include all costs of compliance K.
implementing an Erosion and Sediment Control Plan in accordance with the Los Angeles County MS4 Permit and any amendment or renewal thereof l. Notwithstanding the above, before any PRDs, SWPPP, or other Construction General Permit related document may be submitted to the State Water Resources Control Board or Implemented on the Work site, it must first be reviewed by the City and/or the City's designee, who retains the right to reject or require revisions thereto. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor falls to draft satisfactory PRDs or SWPPP or otherwise falls to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compllance at the Work site.
Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City's sole determination. Any costs Incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or Implementing a SWPPP for the Work site shall be pald by Contractor. m. Fallure to comply with laws, regulations, and ordinances listed in this Article 22 is a violation of federal and state law. Notwithstanding any other Indemnity contained in this Agreement, Contractor agrees to Indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or llabilities of any kind or nature which the City, Its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompllance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, Its officials, officers, agents, employees or authorized volunteers. n. lty reserves the right to defend any enforcement action or civil action brough gainst the City for Contractor's failure to comply with any applicable water quallt law, regulation, or policy. Contractor agrees to be bound by, and to reimburse the City for the costs assoclated with, any enforcement action and/or settlement reached between the Clty and any relavant enforcement entity. o. City may seek damages from Contractor for delay in completing the Work in accordance with the Contract Documents, caused by Contractor's failure to comply with the laws, regulations and policies described in this Article 22, or any other relevant water quality law, regulation, or policy.
52 SECTION 00700
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ARTICLE 23. CLEANING UP
a.
b. Contractor shall fuly clean up the site at the completion of The Work. If the Contractor falls to Immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor.
ARTICLE 24, LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations, location, and alignment of any and all site elements (buildings, paving, walks, fencing. furnishings, etc.) shall be fumished by the Contractor at its expense. A digital AutoCAD file shall be provided to the Contractor by the Clty indicating the location and layout of all site elements for the use by the Contractors surveyor. Layout shall be done by a registered civil engineer or a Icensed land surveyor Approved by the Engineer. Any surveying necessary to establish the grade and line of the work is to be done by a properly licensed land surveyor retalned by the contractor.
Any required "as-built" drawings of the Work shall be prepared by the registered civil engineer.
ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b.
quirements contained in these Contract Documents, including hours of operati quirements. No internal combustion engine shall be operated on the Proje c.
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ARTICLE 26. TESTS AND INSPECTIONS
a.
b.
c. here Inspection and testing are to be conducted by an independent laborator r agency, materials or samples of materials to be inspected or tested shall b selected by such laboratory or agency, or by City, and not by Contractor. All tests or Inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City may arrange for testing at the source of supply. Any materlals which have not satisfactorily passed such testing and inspection shall not be Incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur In a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or Inspection, Including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
g. Contractor shall contact City of Long Beach for inspections. Contact will be provided at the Pre-Construction meeting.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care 54 SECTION 00700
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adjacent to the Project site where Work Is being performed. Contractor shall erect b. In an emergency affecting safety of life or of work or of adjoining property, ompensation clalmed by Contractor on account of emergency work shall b letermined by and agreed upon by City and the Contracto c.
Conte or real rele uper plane, and to again ama ty
weather conditions.
d. Contractor shall take adaquate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of Inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the 5) the storage of materials, and the
directlons of the Engineer. Contractor shall not unreasonably encumber Take care to prevent disturbing or covering any survey markers monuments, or other devices marking property boundarles or comers. H such markers are disturbed by accident, they shall be replaced by ar approved civil engineer or land surveyor, at no cost to City.
Ensure that existing facilties, fences and other structures are al adequately protected and that, upon completion of all Work, all facilites that may have bean damaged are restored to a condition acceptable to 55 SECTION 00700
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8) Preserve and protect from injury all buildings, pole lines and all direction, waming and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintalned at all times. e. These precautionary measures will apply continuously and not be limtted to normal working hours. Full compensation for the Work Involved in the preservation of life safety, and property as above specified shall be considered as included in the rices paid for the various contract items of Work, and no additional allowance wil be made therefor.
f. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, Including video or photography, to adequately memorialize and make a record of what transpired.
City shall be entitled to inspect and copy any such documentation, video, or photographs.
ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor's means and methods devlate from commonly used Industry standards.
ARTICLE 29. [NOT USED]
ARTICLE 30. AUTHORIZED REPRESENTATIVES
City shall designate representatives, who shall have the right to be present at the Project site at all times. City may designate an Inspector who shall have the right to observe all the Contractor's Work. The Inspector is not authorized to make changes in the Contract Documents. The Inspector shall not be responsible for the Contractor's fallure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
ARTICLE 31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day's work. The Contractor and b.
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c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, with no Work allowed on City-observec holldays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
ARTICLE 32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certifled payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furish the certified payroll records directly to the Department of Industrial Relations (DIR') on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DiR relating to labor compliance monitoring and enforcement.
c. he payrol records described herein shall be certified and submitted by th ollowingor at a time designated by City. The Contractor shall also provide in A certified copy of the employee's payroll records shall be made available for inspection or fumished to such employee or his or her authorized representative on request.
2) A certifled copy of all payroll records described herein shall be made avallable for Inspection or furnished upon request of the Department of Industrial Relations ("DIR").
d. The certified payroll recards shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.
Any copy of records made avallable for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure 57 SECTION 00700
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if an individual's name, address, and social securtty number. The name an ddress of the Contractor or any subcontractor shall not be marked or obliterated f. In the event of noncompllance with the requirements of this Section, the Contractor ARTICLE 33. PREVAILING RATES OF WAGES
a. The Contractor Is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as Califoria Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevalling wage rates and the performance of other requirements on certain "public works" and "malntenance" projects. Since this Project Involves an applicable "public works" or "maintenance" project, as defined by the Prevalling Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevalling rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlarl. In the alternative, the Contractor may view a copy of the prevaling rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project avallable to interested partes upon request, and shall post coples at the Contractor's principal place of business and at the Project site. Contractor shall defend, Indemnify, and hold City, Its elected officials, officers, employees, and agents free and harmless from any clalms, labilittes, costs, penalties, or Interest artsing out of any fallure or allege fallure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfelt as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code.
C. ontractor shall post, at appropriate conspicuous points on the Project site, eductions, (any, from unpati wages actualy danger,go rates and all authorize ARTICLE 34. EMPLOYMENT OF APPRENTICES
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ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor anc ts subcontractors shall not discriminate against any employee or applicant for employmen ARTICLE 36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first ald treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 661 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
ARTICLE 37. INSURANCE
Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Appendix "1" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of Insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
ARTICLE 38. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Ime for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in City's Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. City is under no obligation to consider early completion of the Project; and the Contract completion SECTION 00700
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b. Inclement Weather. Contractor shall abide the Engineer's determination of what constitutes inclement weather. Time extensions for Inolement weather shall only be granted when the Work stopped during Inclement weather is on the critical patt of the Project schedule.
c.
d. No Damages for Reasonable Delay. City's labllty to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, Including, but not limited to, home office overhead and other ongoing costs. amages caused by unreasonable City delay, Including delays caused by Iten at are the responsibility of City pursuant to Govemment Code section 4215, shi be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 39. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by City:
a. Within ten (10) Days of award of the Contract a detalled estimate giving a complete breakdown of the Contract price.
b. A monthly Itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detalled measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day c.
d. Following City's Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price Items for Inclusion in the final payment request.
e. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
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Contractor shall certify under penalty of perjury, that all cost breakdowns and perlodic estimates accurately reflect the Work on the Project.
ARTICLE 40. MOBILIZATION
a. When a bid item is Included in the Bid Form for mobllization, the costs of Work in advance of constructlon operatione and not directly attributable to any speific bid hem sire ted to ta Moisten; payment for auch osta vil be domed to be Included in the other Items of The Work.
b. Payment for Initlal Moblization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Inftla Moblization will be made until all the listed items have been completed to the satisfaction of the Engineer. The scope of the Work Included under Initial Moblization shall include, but shall not be limited to, the following principal items:
Obtaining and paying for all bonds, insurance, and permits. 2) Moving on to the Project alte of all Contractor's plant and equipment required for first week's operations.
3) Submittal of detalled Preliminary Construction Schedule and Traffic Control 4) Submittal of Initial Construction Schedule, embodying all correctior equired by the Engineer. No Payment for mobllizeton can be made unt the Engineer has approved the schedule in writing.
5) Installing temporary construction power, witng, and lighting facilties. 6) Establlshing fire protection system.
7) Developing and Installing a construction water supply. 8) Providing and malntalning the field office trailers for the Contractor and the Engineer, complete, with all specffled furnishings and utility services Including telephones, telephone appurtenances, computer and printer, and 9)
Proving on the orate a tie or no one and he engler,
10) Providing on-site sanitary facilities and potable water facllties as specified per Cal-OSHA and these Contract Documents.
11) Furnishing, Installing, and malntaining all storage bulldings or sheds •
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of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
: 12) Arranging for and erection of Contractor's work and storage yard. 13) Submittal and City approval of required Contractor notices and/or door hangers.
14) Posting all OSHA required noticas and establishment of safety programs per Cal-OSHA.
15) Fulltime presence of Contractor a superintendent at the Job site as required herein.
ARTICLE 41. PAYMENTS
a. City shall make monthly progress payments following receipt of undisputed and roperly submitted payment requests. Contractor shall be paid a sum equal t inety-five percent (95%) of the value of Work performed up to the last day of the previous month, lass the aggregate of previous payments. b. The Contractor shall, after the full completlon of The Work, submit a final payment estimate and paymen progres estimates shall be subject to correction in the final c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work (or ten percent (10%) In the event the City has adopted a finding hat the Work under the Contract is substantially complex), if unencumbered, shal e pald no later than sixty (60) Days after the date of recordation of the Notice of • d. captance by Contractor of the final payment shall constitute a waiver of i alms against City arising from this Contrac
e. Payments to the Contractor shall not be construed to be an acceptance of any lefective work or improper materials, or to relleve the Contractor of its obligations under the Contract Documents.
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ARTICLE 42. PAYMENTS WITHHELD AND BACKCHARGES
a. In addition to amounts whlch City may retain under other provisions of the Contract Documents City may withhold payments due to Contractor as may be necessary to cover.
1) Stop Notice Claims.
2) Defective work not remedied.
3) Supple of Contreator to make proper paymenta to lie autocontractore or 4)
Complain deta Conta ten unple resonable doubt hath won. 5) Damage to another contractor or third party.
6) Amounts which may be due City for claims against Contractor. 7) Fallure of Contractor to keep the record (as-bulti") drawings up to date.
Failure to provide updates on the construction schedule. 9) Site clean up.
10) Fallure of the Contractor to comply with requirements of the Contract Documents.
11) Liquated damages.
12) Legally permitted penalties.
b. Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.
ARTICLE 43. CHANGES AND EXTRA WORK
a. Change Order Work.
1)
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time, and the full and final settlement of all costs (direct, Indirect, and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented In writing before the expense is Incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even If a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been Issued or a timely written notice of clalm has been made by Contractor. Contractor shall not be entitled to claim or bring sult for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.
Whenever any change is made as provided for herein, such change shall be considered and treated as though originally Included in the Contract, and shall be subject to all terms, conditions, and provisions of the original 3) Owner Initiated Change. The Contractor must submit a complete coal roposal, Including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initlated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract ocuments within seven (7) Days of discovery of the facts giving rise to th roposed change orde
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.
6)
7) If the Contractor falls to submit the cost proposal within the seven (7) Day waive its right to dispute the action unless within fifteen (15) Days following 229 completion of the added/deleted work, the Contractor presents written (a) Labor. The costs of labor will be the actual cost for wages prevalling 64 SECTION 00700
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(b) Materials. The cost of materials reported shall be at invoice or furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use o small tools, tools which have a replacement value of $1,000 or less Equipment Rental Rates. Equipment rental rates shall be per Section 9, Sub-section 9-1.04D "Equipment Rental", of Caltrans Standard Specifications, using the • Caltrans current "Labor Surcharge and Equipment Rental Rates" at the time the Extra Work is being performed.
(0) Overhead, Profit and Other Charges. The mark-up for overhead (Including supervision) and profft on work added to the Contract shall be according to the following:
Vet Cost" Is defined as consisting of costs of labs
aterials and tools and equipment only excluding overher and profit.
H. he costs of appiicable insurance and bond premium l
ncluded in overhead percentage belon
I. For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
tv.
V. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost for Work to which the subcontractor 65 SECTION 00700
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and general contractor may each add an additional five
percent (5%) of the Net Cost of the lower tler subcontractor. : 9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any addittonal compensation for: Submittals, drawings: fleld drawings, Shop Drawings, Including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salares ol engineer, superintendent, timekeeper, storekeeper, and
secretarles; Janitorial services; Small tools, Incidentals and consumables; Temporary on Site faclities (Offices, Telephones, Intemet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other Incidental Work; Related warranties.
10) For added or deducted Work by subcontractors, the Contractor shall furnish to City the subcontractor's aigned detailed estimate of the cost of labor, naterial, and equipment, including the subcontractor markup for overhea and profit. The same recurement shall apply to sub-subcontractors 11) For added or deducted work furnished by a vendor or supplier, th contractor shall furnish to City a detalled estimate or quotation of the cos to the Contractor, signed by such vendor or suppller.
12) Any change in The Work Involving both additions and delations shall indicate a net total cost, including subcontracts and matertals. Allowance or overhead and profit, as specified herein, shall be appiled if the net tot ost is an extra; overhead and profit allowances shall not be applied if th net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 13)
site costs, extended overhead, constructive acceleration and/or actual and/or carffications. The Contractor may not change or modify City's 14)
lme extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right 66 SECTION 00700
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Contractor falls to submit a claim in writing to City within fifteen (15) Days of the Issuance of the unilateral change order, disputing the terms of the unilateral change order.
15)
Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties. b. Contract Unit Prices
Section 3.2.2.2 and 3.2.2.3 of the Standard Specification For Public Works Construction (Green Book) provisions are not applicable. c. Changes to Contract Time
1) The Contract Time may only be changed by a Change Order. 2) All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor's change orde Pro is not changed or i liar increased or decreased by a specia number of days. Fallure to include a change to time shall waive any change to the Contract Time unless the partles mutually agree in writing to porter. No ost or time wif be alowed for cumuative efacts of maliate 3) Notice of the amount of the request for adjustment in the Contract Time with supporting data shall be delivered within seven (7) Days after such start of occurrence. No extension of time or additional compensation shall be given for a delay If the Contractor falled to give notice in the manner and within the time prescribed
4) Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of elther the City or the Contractor. Any difference 5) Contractor's entitlement to an extension of the Contract Time is limited to Contract Time.
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:
(a) Contractor shall not be entitled to an adjustment in the Contract (b) If Contractor Is delayed in the performance or progrese of the Work by fire, flood, epidemic, abnormal weather conditions (as owners not under the control of City, or other causes not the faull of and beyond control of the City and Contractor, then Contractor of this Article.
6) Requests for Contract Extension: Contractor's justification for entitlemen hall be clear and complete citing specific Contract Document reference and reasons on which Contractor's entitlement Is based. At a minimum, each request for a time extension must include:
(a) Each request for an extension of Contract Time must identify the Impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control anc without the fault or negligence of both Contractor and any Subcontractors or Supplers, or any other persons or organizations employed by any of them or for whose acts any of them may be lable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor's reasonable and diligent actions to guard against those effects.
(b) Each request for an extension of Contract Time must Include a time impaot analysis In CPM format to calculate the impact of the delay event.
7) Contractor's failure, neglect, or refusal to comply with these requirements, whether such extensions may be warranted. Contractor hereby waives a ights to extensions of Contract Time due to delays or accelerations tha result from or occur during periods of time for which Contractor falls, neglects, or refuses to fully comply with the requirements of this Article. 8) Force Majeure: The time period(s) specifed in the Schedule of Performance for performance of the services rendered pursuant to this SECTION 00700
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Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, Acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, Including the City, if the Contractor shall within ten (10) Days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and If in the judgment of the Contract Officer such delay Is justifled. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. in no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension ol the Agreement pursuant to this Section.
ARTICLE 44. OCCUPANCY
City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relleve the Contractor of its responsiblites under the Contract.
ARTICLE 45. RECORD (AS BUILT') DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as "as-bullts") and shall require each trade to prepare its own as-bullts.
The as-bullts must show the entire site for each major trade, Including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas, and lumbing. Contractor shall mark the as-builts to show the actual Installation wher he Installation varies from the Work as originally shown. Contractor shail man whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date.
Contractor shall use colors to distingulsh variations in separate categories of The Work.
b. Contractor shall note related change order, request for Information, request for each set. Contractor to also provide an electronic version of the as-bullts In PDF or another approved format. The sultability of the as-builts will be determined b the Engineer.
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ARTICLE 46. INDEMNIFICATION
officials, officers, agents, employees, and representatives free and harmless from any and all lalms, demands, causes of action, costs, expenses, labilties, losses, damages or injuries, in lan sontractors arsing out of or in connection with the performance of the Work or this Contracl ncluding clalms made by subcontractors for nonpayment, including without imitation the paymen agents, employees and representatives. To the extent of Its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, Its officlals, officers, employees, agents, employees, and representatives, in any such sult, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employeas, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
ARTICLE 47. RESOLUTION OF CONSTRUCTION CLAIMS
a.
failure to timely submit a notice of defay or notice of change, or to timely a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
b. Intent. Effective January 1, 1991, Section 20104 et seq., of the Callfornla Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised medlation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 This Article shall be construed to be consistent with sald statutes.
C.
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d.
Any dim must be submitted in wring to the City and shal heliude on stret page. e. Supporting Documentation. The Contractor shall submit all Claims in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the clalm is made.
2) List of documents relating to claim
(a) Specifications
• (b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Narrative analysis of clalm merit
5) Analysis of claim cost, including calculations and supporting documents 6) Analysis of time impact analysis in CPM format if a time extension is requested
7) Cover letter and certfication of valdity of the clalm, including any clalms from subcontractors of any tier, in accordance with the Govemment Code sections 12650 et seq.
f. City Response to Claim.
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1) Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable revlow of the Clalm and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide 2)
3) The City may request, in writing, within 30 days of recept of the claim, any additional documentation supporting the clalm or relating to defenses or claims the City may have. If additional Information is needed thereafter, i shail be provided upon mutual agreement of the City and the claimant. The City's written response shall be submitted 30 days (15 days If the Claim Is less than $50,000) after receiving the additional documentation, or within the same perlod of time taken by the clalmant to produce the additional information, whichever Is greater
g. Meet & Confer Conference, If the Contractor disputes the City's response, or if the City falls to respond within the statutory time perlod(s), the Contractor may so notify the City within 15 Days of the receipt of the response or the fallure to respond, and demand an Informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, the City shail schedule a meet and confer conference within 30 Days.
n. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the clalm or any portion thereof remains in dispute, the City shall provide the Contractor with a written statement identifying the portion of the dispute shall be submitted to nonbinding mediatlon and the Clty and the Contractor shall equally share the associated mediator fees. The City and Contractor shall nutually agree to a mediator within 10 business days after the disputed portion of 1)
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2)
mediation tired hail orior to the tharame in his seconten. Any 3)
commenced.
4) The medlation shall be held no eartier than the date the Contractor completes the Work or the date that the Contractor last performs Work, n, unless a new unrelated claim arises after mediation / i. 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 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Diviston 3.6 of Title 1 of the Government Code prior to initiating litigation or purposes of those provisions, the running of the period of time within which aim must be filed shall be tolled from the time the Contractor submits his or hi Mitten claim pursuant to subdivislon (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference civil Actions. The following procedures are established for all civil actions filer o resolve Clalma of $375,000 or less:
1)
2)
Code of Cing ride el anal ply to any root ing bro a reJ be experienced in construction law, and (B) any party appealing an SECTION 00700
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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.
k. Govarnment Code Clalm.
1) In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth In Government Code section 900 et seq. prlor to filing any lawsult against the City. 2) Such Govemment Code claims and any subsequent lawsult based upon he Government Code calms shall be limited to those matters that remal nresolved after all procedures pertaining to extra work, disputed wor onstruction clalms, and/or changed conditions have been followed b ontractor. If no such Goverment Code claim Is submitted, or If th peted heroin Contractor hai be bared from origing and maliang a valid lawsuit against the City.
3) A Government Code claim must be filed no earlier than the date the should reasonably by known to Contractor excepting only nev unrelated Claims that arlse after the Government Code claim i L.
ARTICLE 48. CITY'S RIGHT TO TERMINATE CONTRACT
a.
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:
terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to City) for the costs or other damages Incurred by City to complete the Project. If City takes over The Work, Clty may, without liability for so doing, take possession of and utilize in ompleting The Work such materials
olonging to the Contractor as mayre o theirles, plant, and other propert, b. Termination For Convenlence. City may terminate performance of The Work I hole or, in part, if City determines that a termination is in City's Interes The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination spectfying that the termination is for the convenience of City, the extent of termination, and the effective date of such After recept of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amount ue under this Termination for Convenlence clause, Immedlately proceed with thi following obligations:
Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they refate to the portions of The Work terminated.
Б) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to City, within ten (10) Days from the effective date of the Notice of 75 GENERAL CONDITIONS
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than thirty (30) Days after the Effective Date of the Notice of Termination; (il) describe the costs Incurred with particularity; and (il) be conspicuously Contified as Termination Costs Occasoned by City's Termination for 7) These provisions are in addition to and not in limitation of any other rights or remedies available to City.
C.
Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. d. Exception. Notwithstanding any other provislon of this Article, when Immediate action is necessary to protect life and safety or to reduce significant exposure or lability, City may immediately order Contractor to cease Work on the Project until such safety or liabillty Issues are addressed to the satisfaction of City or the ARTICLE 49. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or suppler.
Unless otherwise stated, all warranty perlods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at Its expense any damage to City-owned or controlled real or personal property.
Contractor shall furnish City with all warranty and guarantee documents prior to final Acceptance of the Project by City.
e. City shall notify the Contractor, in writing, within a reasonable time after the discovery of any fallure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due dillgence all necessary Work. If the Contractor falls to promptly remedy any defect, or damage; the City lave the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor's expense
f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, City may undertake at Contractor's expense, anc vithout prior notice, all Work necessary to correct such condition. : SECTION 00700
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g. With respect to all warranties, express or Impled, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
Obtain for City all warranties that would be given in normal commercial practice;
Require all warrantles to be executed, in writing, for the benefit of City; and Enforce all warranties for the benefit of City, unless otherwise directed in writing by City.
h. City may elect to conduct a minimum of two site visits with the contractor prior to the end of the warranty period. City shall provide written direction to the contractor to remedy warranty related material failures that shall be corrected by the contractor within fifteen (15) Days at no cost to City.
This Article shall not limit City's rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to Callfornia Code of Civil Procedure Section 337.15.
ARTICLE 50. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Govemment Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor Genera for a period of three (3) years after final payment.
Contractor shall make available to City any of the Contractor's other documents related to the Project immediately upon request of City. c. In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (Including computations and projections) related to negotiating, pricing, or performing the modification In order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a perlod of four (4) years after final payment.
ARTICLE 51. SOILS INVESTIGATIONS
When a solls Investigation report for the Project site is avallable, such report shall not be a part of e Contract Documents. Any information obtained from such report as to subsurface so ondition, or to elevations of existing grades or elevations of underlying rock, is approximate on and Is not guaranteed. Contractor acknowledges that any soils Investigation report (including an orings) was prepared for purposes of design only and Contractor Is required to examine the site efore submitting Its bid and must make whatever tests it deems appropriate to determine the inderground condition of the soi
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ARTICLE 52. SEPARATE CONTRACTS
a.
b. To ensure proper execution of its subsequent Work, Contractor shall Immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.
C. Contractor shall ascertain to Its own satisfaction the scope of the Prolect an ature of any other contracts that have been or may be awarded by City prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be Interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the ProJeot is likely to cause Interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarly and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or Indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
ARTICLE 53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and elther served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor's principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon recept or five (5) Days after being sent by first class mail, whichever is earlier.
Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
ARTICLE 55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contrators If a complaint regarding a patent act or omisslon is filed within four (4) years of the date of the alleged violation. en (10) years of the date of the alleged violation. Any questions concerning a contractor may b omplaint regarding a latent act or omission pertaining to structural defects must be filed withi 78 SECTION 00700
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: referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, Callfornia 95826.
ARTICLE 56. INTEGRATION
a.
contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of City and Contractor.
ARTICLE 57. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure, or the Government Code.
ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify City in order that proper steps may be taken to have the change reflected on the Contract.
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action It may have under Section 4 of the Clayton Act (16 U.S.C. Seclion 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 the purchase of goods, services, or matertals pursuant to this Contract or any subcontract. This assignment shall be made and become Bite peat the time City make final payment to the Contractor, without further acknowledgment ARTICLE 60. PROHIBITED INTERESTS
No City offical or representative who is authorized In such capacity and on behalf of City to 79 SECTION 00700
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ARTICLE 61. LAWS AND REGULATIONS
a.
b. Contractor shall be responsible for familarity with the Americans with Disabilties Act ("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compllance with ADA regulations.
ARTICLE 62. PATENT FEES OR ROYALTIES
The Contractor shall Include in its bid amount the patent fees or royalties on any patented article City, its officlals, officers, agents, employees and representatives from and against any and all liabillies, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
ARTICLE 63. OWNERSHIP OF DRAWING
All Contract Documents fumished by City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor clalm any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to City on request at completion of The Work.
ARTICLE 64. NOTICE OF TAXABLE POSSESSORY INTEREST
Ch at ance with averted and Tate or on property fat on for with Contractor wil be
END OF GENERAL CONDITIONS
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All references to the Caltrans Standard Specifications shall refer to the 2018 edition.
1. SPECIFIC MATERIALS
a. Traffic Signal Systems
GENERAL
The furnishing, Installing, modifying and removal of traffic signals and highway lighting shall conform to the provisions of Section 86, "Electrical Work - General," and Section 87, "Electrical Systems," of the Caltrans Standard Specifications and these Special Conditions.
The work to be done conaists, in general, of instaling and/or modifying traffic signals at the Intersection of 20th Street and Redondo Avenue.
GUARANTEE
A material guarantee for a pertod of one year from the date the Owner (Signal Hill Public Works) records a "Notice of Completion" for the work will be required for this Contract.
The work to be guaranteed, the form and the time limit of the guarantee is specified on In the "Guarantee" of these Special Conditions. Said Guarantee shall be signed and delivered to the Engineer before acceptance of the work.
The Contract bonds required by Article 6 of the Contract shall continue in full force and effect for the duration of the guarantee pertod.
Full compensation for furnishing the guarantee and bonds will be considered as Included in the Contract price pald for the items of work involved and no additional compensation will be allowed therefor.
MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS
The Contractor shall notify the local traffic enforcement agency prior to any operational shutdown of a traffic signal.
Full compensation to conform to this article shall be considered as Included in the various Contract Items of work Involved, and no additional compensation will be allowed therefor.
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EQUIPMENT LIST AND DRAWINGS
rouipmont i elon e2 Materia, or the catan standard Speciations, an lose Special Conditions
The one tolera, so at what real a typer it air tene it ner following items:
1. Specifications
Design characteristics
3. General operation theory
4. Function of all controls
5. Detailed circult analysis
6. Troubleshooting procedure (diagnostic routine)
7. Voltage charts with wave forms
8. Block circuit diagram
8. Geographical layout of components
10. Schematic Diagrams
11. List of replaceable components parts with stock numbers.
The Contractor is required to submit to the Engineer "as-built" prints, prior to the Owner accepting the Installations. The prints shall indicate in red all deviations from the Contract plans, such as location of poles, pull boxes and runs, depths of conduit, number of conductors and other appurtenant work for future references.
To Contado that a ral ant many area trap shad that maide
FOUNPATIONS
Foundation, anal Pederal of the Calien Standard periotions and these speciali Portland cement concrete shall conform to Section 90-2, "Minor Concrete," of the Caltrans Standard Specifications and shall contaín not less than 564 pounds of cement per cubic vard for pole foundations.
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STANDARDS, POLES, AND POSTS
standard, Poles Pedoes anal ois or to Care stand report ode these Speclal Conditions.
In addition to identifying each pole shaft as detailed the State Standard Plans, the Contractor shall also identify each mast arm for all signals and luminaries. The stamped metal identification tag shall be located on the mast arm near the butt end and shall contain the same information required by the State Standard Plans:
CONDUIT
Conduit shall conform to the provisions In Section 87-1.03B, "Condult Installation," of the Caltrans Standard Specifications, and these Special Conditions.
All conduit and filings shall be Schedule 40 PVC type. All new condults shall be minimum 3-inch inside diameter unless otherwise indicated on the traffic signal plan(s).
After conductors have been installed, the ends of conduits terminating in pull boxes and controler cabinet shall be sealed with an approved type of sealing compound.
Condult runs are shown in schematic form only. Actual Installation shall be done in the most direct manner.
PULL BOXES
Pull boxes shall be No. 5 minimum and conform to the provisions of Section 87-1.03C, 'Installation of Pull Boxes," of the Caltrans Standard Specifications and these Special Conditions.
Supplement and amend Subsection for, "Cover Marking," as follows:
Covers for pull boxes, except covers for celing pull boxes, shall be marked as follows:
1. "TRAFFIC SIGNAL": Where pull box contains traffic signal conductors with or without street lighting conductors.
CONDUCTORS AND CABLES
onductors and wiring shall conform to the provisions in Section 87-1.03F, "Conductor nd Cable Installations" of the Caltrans Standard Specifications, and these Specle Conditions.
Conductors No. 8 AWG or larger shall be stranded.
SPLICE INSULATION
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spice Insulation shall conform to the provisions in Section 87-1.03H, "Conductor anc Cables Splices," of the Caltrans Standard Specifications, and these Special Conditions.
Conductors No. 10 AWG or larger shall be spliced by the use of "C" shaped compression connectors.
Spllces shall be Insulated by "Method B."
SERVICE
Service shall conform to the provisions in Section 87-1.03L, "Utilty Service," of the Caltrans Standard Speclfications, and these Special Conditions.
The Contractor shall notify the Engineer, in writing, at least 15 calendar days in advance of the date on which he desires any service connections or disconnects to be made. The Contractor shall be entitled to no extension of time or other compensation for any delay to this operation resulting from his failure to give prescribed notification.
Following paragraph is added to Section 87-1.03L:
It shall be the Contractor's responsibility to verify the location of and to make arrangements for and to pay for all costs to provide the necessary connection for the traffic signal and lighting system.
if service equipment cabinet design deviates in any way from the details shown on the plans, details of such devlation shall be submitted to the Engineer for review before tabrication of the Contract cabinets. If deemed necessary by the Engineer, one complete prototype cabinet shail be delivered to the Engineer for review at least 30 days before fabrication of the Contract fixtures. The prototype cabinet will be returned to the Contractor
TESTING
Testing shall conform to the provisions In Section 87-1.01D(2) "Quality Control," of the Caltrans Standard Specifications and these Special Conditions.
Turn-on of the new traffic signal systems shall not be made on a Friday or the day precinded tu oliday. The Trafic Engineer shall be notied at least 48 houre prior to The signal monitoring unit shall be tested in the field before "tum-on."
IRAFFIC SIGNAL CONTROLLERS AND CONTROLLER CABINETS
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Solid-State Traffic Actuated Controller - Solid-state traffic actuated controller units, cabinets, and auxiliary equipment shail conform to the provisions in Section 87-1.03Q, "Cabinets," of the Caltrans Standard Specifications and these Special Conditions.
A controller assembly consisting of a Model 2070 ATC controller unit, completely wired Model 332 controller cabinet, Model 222 or 224 Inductive loop detector sensor unite, Model The Contractor shall construct the controller cabinet foundations (including fumishing and installing anchor bolts), shall install the controller cabinets on said foundations, and shall make all field wiring connections to the terminal blocks in the controller cabinets.
In addition to the provisions in Section 86-1.02Q of the Caltrans Standard Specifications, the complete control system, Including the Model P-44 cabinet, shall conform to the State of Califomia, Business and Transportation Agency, Department of Transportation, "Traffic Signal Control Equipment Specifications," dated April 178, and the Addendum dated November 1978.
The above-referenced document is available from State of Callfomia, Bids and Documents Section in Sacramento, for a fee.
A test program for the Model 2070 AT controller unft as required in Chapter One, Section Vili, of the Traffic Signal Control Equipment Specifications (housed on 4 chips), shall be furnished. This is in addition to 8 chips to be fumished for each controller prom module.
Two (2) complete manuals and four (4) complete cablnet wiring diagrams shall be supplied in accordance with the above-referenced April 1978 Specifications.
Attention is directed to "TESTING" included elsewhere in these Special Conditions.
The Contractor shall arrange to have a signal technician, qualified to work on the controler and employed by the controller manufacturer or his representative, present at the time the VEHICLE ȘIGNAL FACES AND SIGNAL HEADS
The fourth paragraph of Section 87-1.03R, "Signal Heads," of the Caltrans Standard Specifications is amended to read:
All new vehicle signal faces, except programmed vislbilty type, Installed at any one signal faces shall be of the same material.
All signal heads and backplates shall be aluminum alloy, and all lenses shall be 12-Inch diameter.
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Following paragraph is amended to Section 87-1.03R of the Caltrans Standard Specifications:
Lenses, reflectors, reflector assemblies, lamp receptacles and wiring shall conform to the provisions in ANSI Standard: D-10.1. Candlepower distribution tests, as defined under nd green) of lens. Each lens shall, as a minimum, meet the values set forth in th minous Intensity distribution tables included in the "Recommendations," of the FHW report. The minimum candelas at each of the 44 test polnts shall be not lower than 80 percent of the values in the report. In addition, no more than 8 of the test points shall have candela values less than 90 percent of the values in the report.
Following paragraph is amended to Section 86-1.02R(4) of the Caltrans Standard Specifications:
Reflectors shall be made of silvered glass or of specular aluminum with an anodic coating.
All reflectors shall conform to the provisions in ANSI Standard D-10.1.
Each lens shall be best quallty glass, true to color and free of imperfections.
All lamps for traffic signal units shall be furnished by the Contractor.
Signal section housings shall be the metal type.
All left tum signal indications shall be arrows.
PEDESTRIAN SIGNALS
Pods or the cal chal sonia perios an especial continuitan Stanal Pedestrian signals shall be Type C. New pedestrian signals shall be international symbol type. Visors shall be provided and shall be the egg-crate type screen.
PEDESTRIAN PUSH BUTTONS
'edestrian push buttons shall conform to the provisions in Section 87-1.03U, "Push Butto ssemblies," of the Caltrans Standard Specifications, and these Speclal Conditions n Type B push button assembly, the sign shall attach to and be securely supported b e framework. The sign shall not extend beyond the framework. The sign shall be th International Type.
LED LUMINAIRES
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Luminaries shall be the cutoff type. Each laminar shall be furnished without photoelectric unft receptacle. If the laminar housing is provided with a hole for the receptacle, the hole shall be closed in a weatherproof manner by using one of the following methods:
1. A stainless steel or aluminum plat pressed into the larger hole of the base and securely fastened with RTV silicone sealant.
2. A stainless steel or aluminum plat and gasket held by two stainless steel machine screws which are fastened into a base nut plate.
ed luminaires shall conform to the provisions in Section 86-1.02K, "Luminaires" of thi altrans Standard Specifications, these Speclal Conditions and the detalls shown on the plans.
PHOTOELECTRIC CONTROLS
Photoelectric controls shall consist of a photoelectric unit, contactor, and test switch located in a service equipment cabinet.
A dual type 3 photoelectric control shall be used for luminarles and intemally iuminated street name signs.
EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT
The Contractor shall Install type 721 Emergency Preemption Detector/Equipment. The Emergency Vehicle Preemption Equipment Installed under this contract shall conform to Industry standard requirements.
Payment for Emergency Vehicle Preemption Equipment shall Include full compensation for furnishing all labor, materlals, equipment, testing, and other Incidentals for Installing each Emergency Vehicle Preemption Equipment, In complance with the Plans and Specifications. No additional compensation will be allowed.
PAYMENI
Pect tor an and pen an a me special Conto eton Payment, The amount will include payment for signal, heads, mast-arm, condults, conductors, pull boxes, new signs and all related work as Intended and as shown on the plans.
Full compensation for conforming to the requirements of Payment Including; I. The Contractor shall comply with all requirements specifled in those licenses and permits; and provide incidentals necessary to perform all related items of work. No 87 SECTION 00760
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2. Furnishing all labor, tools, equipment, and materials necessary for accomplishing the work complete and in place shall be considered as Included in the Contract unit price bid per lump sum and no additional compensation will be allowed therefor.
MAINTAINING EXISTING TRAFFIC SIGNAL SYSTEMS
The Contractor shall maintain existing traffic signal systems, Including safety lighting, in full operation during the project.
b. Installation of Now Signs
The Installation of all new signage shall conform to the provisions in Section 82 "Signs and Markers" of the Caltrans Standard Specificattons and the City of Long Beach Standard Plans 313, 317, 318, and 319.
Payment for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the bid item "Installation of Now Sign" and all related work including relocation compensation will be allowed therefore.
G. Removal and Construction of PCC Curb Ramps
Contractor shall remove and construct PCC sidewalk and curb ramp in conformance with Caltrans Standard Plan A88A. The certified tickets accompanying each batch of ready- mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix.
Prior to placing PCC curb ramp the subgrade shall be compacted to a minimum of 95% relative compaction.
The Contractor shall remove and dispose of all material from removing existing curb ramp as shown on the plans.
removing forms, furnishing and compacting of backill, furnishing and installing metal band rail and placement of concrete shall be considered as included in the contract bid price d. Construction of 4" PCC Sidowalk
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Prior to placing PCC sidewalk, the subgrade shall be compacted to a minimum of 95% relative compaction.
he Contractor shall remove and dispose of all matertal from removing existin andscaping as shown on the plans
ill payments for furnishing all labor, materials, tools, and equipment requined sonstruct 4" PCC Sidewalk", including but not limited to, excavation, removal ar o. Installation of Loop Detectors
All inductive loops shall be TYPE D and E, spaced as shown on the Plans and shall be installed in accordance with Subsection 86-1.02F(2)(c)(III), "Inductive Loop Conductors" of the Caltrans Standard Specifications, except that the loops shall be State Type 1 and Shall be wired in series, alternating clockwise to counterclockwise. Installation procedure shall be in accordance with the details shown on the Caltrans Standard Plans ES-5A and ES-5B.
Loop lead-in cable shall be State Type "B".
Loop home run termination shall be in accordance with the Curb Termination Detalls, Type B of the Caltrans Standard Plan ES-5D.
Removal of existing loop detectors shall conform to the subsection 86-1.02F(2), of the state standard specifications.
Full payment for fumishing all labor, materials, tools, and equipment required to Romove Exlsting Loop Detectors" shall be considered as Included in the contract bid price per each and no additional compensation wit be allowed therefore.
Full payment for fumishing all labor, materials, tools, and equipment required to Install low Loop Detectors" shall be considered as Included In the contract bid price per eac nd no additional compensation will be allowed therefore
1. Construction of Full Depth CAB
The Contractor shall remove all debris, dirt, gravel and pavement markers from existing pavement within the limits of the item of work as shown on the plans, prior to paving. 89 SECTION 00750
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All unsuitable and surplus material shall become the property of the Contractor and shall be removed from the project site by the Contractor.
Place permanent pavement surface within two weeks after backfilling of trenches has been completed, and only sufficiently dried.
Accordance l to fenibor Spectation Seation 30-6 Asphat Concrete Pavement" and following Special Conditions.
A "tack coat" per "Greenbook" Specifications Subsection 302-5.4 shall be grade SS-1h emulsified asphalt conforming to the provision in "Greenbook" Specifications Subsection 203-3 "Emulsified Asphai. Tack coat shall be uniformly applied to all existing pavement surface, all contact surfaces of cold pavement joints, all manholes and all valve boxes prior to placing A.C. When placing AC on rock base, a prime coat" per "Greenbook" Spectications Subsection 302-5.3 of SC 250 liquid asphalt conforming to "Greenbook" Specifications Subsection 203-2 shall be required.
Asphalt Concrete pavement shall be Type IlI-C2-AR4000 and shall meet the requirements of the "Greenbaok" Specifications Section 203.
g. Trench Repair
The Contractor shall backfill trenches and reconstruct pavement sections in conformance with the City of Long Beach Standard Plan 127.
h. Electrical Service
The electrical service enclosure shall conform to Caltrans Standard Plan ES-2E, 100A Type III-BF.
A photoelectric unit shall be mounted on the safety lighting luminaire nearest the electrical service cabinets. Conductors shall be #12 AWG THW, yellow with black tracer between electrical service cabinets and photoelectric unit, yellow with red tracer between photoelectric unity and relay, yellow with white tracer between photoelectric unit and neutral and also between relay and neutral.
The signal controller conductors shalt be #6 AWG THW, red/white routed from the service cabinet through the 2-inch condult, through the #6 pull box, through another 2-inch conduit, and into the controller cabinet.
Safety lighting conductors shall be #8 AWG THW, black/white from the electrical service cabinet through the #6 pull box and to the safety lighting.
A #5 pull box with bolt-down lid shall be located batween the electrical service cabinets and the utility feed point; the Ild shall be labeled "EDISON". Where the conductors from 90 SECTION 00750
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the electrical service cabinets to the utlity feed point are furished by the Contractor, they shall meet the National Electrical Code for 100 amperes service/distance and shall not be less than #2 AWG THW. There shall be no wires, other than those required by the utility company, between the electrical service cabinet and the utility feed point.
The Engineer will arrange and pay for the electrical energy and service connection. 2 [NOT USED]
3. STORMWATER SPECIFICATIONS
Clty has not prepered a SWPPP of other stormwater compllance plan for the Project site.
Contractor is responsible for filing the PRDs and for obtaining coverage under the Permit. This Includes preparing and implementing a SWPPP for the Project site, and coordinating all submittals with the City's Legally Responsible Person and Authorized Signatory as those terms are defined in the Permit. Before any PRDs, SWPPP, or other Permit related document may be submitted to the State Board or Implemented on the Project site, it must first be reviewed by the City, who retains the right to reject or require revisions thereto. If the Project is less than one acre in size, Contractor is stil required to develop and Implement an Erosion and Sediment Control Plan for the Work site. Contractor must include all costs of compliance with specifled requirements in the Contract amount.
4. PRE-CONSTRUCTION MEETING.
After, or upon, notification of Contract Award, the Engineer will set the time and location for the Pre-Construction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the profect is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Pre-Construction Meeting will be grounds for default by Contractor. No separate payment will be made for the Contractor's attendance at the meeting. The Notice to Proceed will only be issued on or after the completion of the Pre-Construction meeting.
5. MODIFICATION OF HOURS OF WORK
Be dultet ed from any atou, todd the Contractor: head, and travel time. The service feas will
6. TRAFFIC CONTROL, STREET CLOSURES, DETOURS, BARRICADES Traffic Control on 20th Street and Redondo Avenue shall be subject to the following conditions:
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Traffic maintenance and control shall conform to the provislons in Section 12, "Temporary Traffic Control," and Section 81, "Miscellaneous Traffic Control Devices," of Caltrans Standard Specifications and the Callfornia MUTCD, latest edition.
No street shall be closed to traffic.
Contractor may submit recommended changes of the Traffic Control Plan to the Engineer for approval prior to commencement of work.
Emergency vehicles shall be permitted to pass through the work area without delay at all times. rosswalke at entersection shall remain open at all times for pedestrian circulation, unles bsolutely necessary, during which times temporary pedestrian barricades and proper signag shall be erected directing pedestrians to open crosswalks. signs shall be approved by the Engineer and installed at that time.
Contractor shall be responsible for designating or delineating traffic lanes at all times during construction and shall provide temporary traffic delineation devices or temporary traffic striping acceptable to the Engineer as necessary to provide for safe traffic movement through the construction site at all times.
At the end of the day's work and when construction operations are suspended, the Contractor shall remove all obstructions from the roadway. Construction materials and equipment may NOT be stored on the roadway.
otification of Agencies: At least four (4) working days in advance of street closures, € nergency services, public transportation services, refuse collection services and school bi services shall be notified by the Contractor in writing of the locations, time, and date of the closure.
The Contractor shall be responsible for furnishing, posting, and removing "Temporary No Parking" In rection, at endor dea ile pond opte set a main or a all Signs shall be posted 72 hours prior to commencing work at all between signs. Signs should be attached to delineators or A-frames.
The Contractor shall nottfy the City prior to any operational shutdown of a traffic signal. The City 92 SECTION 00750
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1. Continue the operation and maintenance of existing electrical facilities.
2. Continue to provide for electrical energy for the operation of existing electrical facilities.
3. Repair or replace existing faclities damaged by publlc traffic.
4. Pay the cost of electrical energy for the operation of existing or new facilties that are undergolng the functlonal tests.
The Contractor shall ascertain the exact location and depth of existing detectors, condults, pull boxes and other electrical fallties before using any tools or equipment that may damage those facilities or Interfere with any electrical system.
Where damage is caused by the Contractor's operations, the Contractor shall, at the Contractor's expense, repair or replace damaged facilitles promptly in conformance with these specifications.
If any existing loop conductor, including the portion leading to the detector handhole or termination pull box, is damaged by the contractor's operations, the Contractor shall immediately nottfy the Engineer. The affected detectors shall be replaced at the Contractors expense and as directed by the Engineer within 24 hours. If the Contractor falls to complete the repairs within this perlod, the repairs will be made by the City at the Contractor's expense.
Should the Contractor fall to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due to the Contractor.
Where roadways are to remain open to traffic and existing lighting systems are to be modified, the ighing systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day.
Temporary electrical Installations shall be kept in effective operation until the temporary Installations are no longer required for the traveling public.
During traffic signal system shutdown, the Contractor shall place "STOP AHEAD" and "STOP' signs to direct vehicle and pedestrian traffic through the intersection. All signal faces shall be covered when the system is shutdown ovemight. Temporary "STOP AHEAD" and "STOP" signs shall be elther covered or removed when the system is turmed on. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.11, "Construction Area Signs," of the Caltrans Standard Specifications.
Minimum size of "STOP" signs shall be 30 inches.
on a open 2°T one dal be placed. Location in sin at stire ed Barricades shall be equipped with flashing warning lights. All power required devices shall be operated by batteries, rather than generators,
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Street closures will not be allowed, except as specifically permitted by the Engineer. Traffic control shall be approved by the Engineer.
Lane transitions shall conform to the latest editton of the Callfornia Manual on Untform Traffic Control Devices (MUTCD).
Temporary traffic channelization shall be accomplished with barricades or dellneators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satiefaction of the Engineer.
In no event will temporary striping be allowed on finished pavement surfaces, which are to remain.
The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Engineer. The Contractor shall submit Traffic Control Plans for all work on arterial roads, prepared and signed by a Callfornia Registered Civil or Traffic Engineer at least ten (10) working days prior to commencing work.
The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours, and over Saturdays, Sundays, and holidays. Any corrective work required to be done by City forces shall be back charged to the Contractor based on the actual costs, plus City overhead and withheld from the final payment. te bid item Traffic Control" including all work in Section 6 will be considered as Included in th ul compensation for fumishing all labor, materials, tools and equipment necessary to complet Contract bid price as lump sum and no additional compensation will be allowed therefore.
7. MOBILIZATION
Mobllization shall conform to the provisions in the Caltrans Standard Specifications and the California MUTCD, latest edition. Mobilization shall Include the obtaining of all bonds, insurance, and permits, moving onto the site of all equipment; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following items:
1. Obtaining and paying for all required bonds, insurance, and permits.
2. Moving on to the site of all Contractors' plant and equipment required for the first week's operation.
3. Submittal of detalled Preliminary Construction Schedule.
4. Submittal of Initial Construction Schedule, embodying all corrections required by the Engineer. No Payment for mobilization can be made until the Engineer has approved the schedule in writing.
Arranging for and/or the erection of Contractor's work and storage yard.
6. Submittal and Clty approval of any required Contractor notices, door hangers, forms, etc. 94 SECTION 00760
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7. Posting all OSHA and all other required notices as determine by the Engineer.
8. TRAFFIC STRIPING
Traffic striping shall consist of any and all work required to install replacement pavement striping, paint, thermoplastic, markings, and legends to their original locations. Before beginning slurry work, the contractor shall confirm with the City inspector, any striping to be replaced as a result of the planned work.
Pavement marking, legends, crosswalk, limit lines, and striping shall conform to the provisions of Section 842, "(raffic Stripes and Pavement Markings", of the Caltrans Standard Specifications, per Caltrans Standard Plan from A20A to A20D and from A24A to A24E, and these special conditions.
All striping and pavement markings work shall be in accordance with the latest edition of the State of California Department of Transportation Standard Plans and the latest edition of the Califomia MUTCD unless noted otherwise on the plans or contained in these specifications.
The contractor shall fumish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. No striping shall be installed until the layout and spotting has been specifically approved by the Engineer.
Contractor shall remove existing stripes as shown on the Plans directed by the Engineer.
Payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the bld item Traffic Striping" and all related work including layout, spotting, painting two coats, and protecting completed work are considered as included in the Contract price for the lump sum bid and no additional compensation will be allowed, therefore.
9. SURVEY CONTROL AND REFERENCE POINTS
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of Signal Hill City Engineers Office. Upon review by the City Engineer, the Contractor shall file the Corner Records with the County of Los Angeles Land Surveyor's Office. Certified Corner All survey monuments removed or altered as a result of construction shall be reset, corner records shall be filed with the County of Los Angeles Land Surveyor's Office, and approved final corner records shall be filed with the City Engineer. Centerline ties removed as a result of construction shall be reset and tie sheets filed with the City Engineer.
Contractor shall provide a letter of certification for all monumenta having four or more existing ties which are within 0.02 ft plus or minus of the original City tle sheet records. When several onuments and ties appear on one tie sheet and one of the ties has changed the land surveyo hall re-measure all the ties and re-file a new ties sheet with the City as required herein ounty of Los Angeles permanent and temporary bench marks within the construction zone she • located by survey, and the Contractor shall send a written notification of impendi construction to the County of Los Angeles Land Surveyor's Office two weeks prior to construction.
END OF SPECIAL CONDITIONS
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APPENDIX
INSURANCE REQUIREMENTS
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE tability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordanc ontractor shall maintaln Workers' Compensation Insurance (Statutory Limits) and Employer:
with the laws of the State of California, Section 3700 of the Labor Code in addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liabilty Insurance in accordance with the laws of the State of Calloria, Section 3700 for all of the subcontractor's employees.
Contractor shall submit to City, along with the certificate of Insurance, a Waiver of Subrogation endorsement in favor of City, its officials, officers, employees, agents, and volunteers. Company or companles providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in the Contract Documents.
2. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at Its sole expense, occurrence form Commercial General Llabllity Insurance coverage, at least as broad as the most current ISO CGL Form 00 01 Including but not limited to, premises liability, contractual lability, products/completed operations if applicable, personal and advertising injury which may arise from or out of Contractor's operations, use, and management of the Project site, or the performance of its obligations hereunder.
Policy limits shall not be less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Defense costs shall be pald in addition to the limits. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each Insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to refleve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's Indemnification obligations to City, and shall not preclude City from taking such other actions avallable to City under other provisions of the Contract Documents or law.
C. ontractor shall make certain that any and all subcontractors hired by Contract re insured in accordance with this Contract. If any subcontractor's coverage doe not comply with the foregoing provisions, Contractor shall indemnity and hold City harmless from any damage, loss, cost, or expense, including attorneys' fees, d. All general lability policies provided pursuant to the provisions of this Article shat comply with the provisions of the Contract Documents
e.
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the performance by Contractor of that part of the Indemnification contained in these General Conditions, relating to llability for injury to or death of persons and damage described in the Contract Documents.
3. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automoblle
4. UMBRELLA OR EXCESS LIABILITY INSURANCE.
Contractor shall obtaln and maintain an umbrella or excess llablity insurance policy with limits of and conditions:
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applled proves to be uncollectable in whole or in part for any reason;
b. Pay on behalf of wording as opposed to reimbursement; C. Concurrency of effective dates with primary pollcies; and d. Polices shall follow for" to the undertying primary pollales. e. Insureds under primary policies shall also be insureds under the umbrella or excess pollcles.
5. POLLUTION LIABILITY INSURANCE
Environmental Impairment Liability Insurance shall be written on a contractor's pollution llability 98 APPENDIX
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the hauling of waste from the project site to the final disposal location, including non-owned dlaposal sites.
6. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of alfornia unless waived, in writing, by City's Risk Manager. Carrier(8) shell hav in A.M. Best rating of not less than an A-:VII.
b. Insurance deductibles or self insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from City. At the election of City, the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
C. Contractor shall cause its Insurance carriers) to fumish City with elther 1) a in writing by City's Risk Manager, provide original Certifled coples of policies is In full force and effect. All required pollcies of Commercial General Lability, Automobile Liability Insurance shall be endorsed to name the City, its officials, officers, employees, agents, and volunteers as additional insureds. For all policies of Commercial General Liabllity insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 01 01 (or endorsements providing the exact same coverage) to effectuate this requirement. Further, all policies of insurance shall contain or shall be endorsed to contain the covenant of the Insurance carrier(s) that shall provide no less than thirty (30) days written notice ba given to City prior to any material modification or cancellation of such insurance. d. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to the Contract Documents, unless City receives, prior to such effective date, another property executed original Certificate of Insurance
e. All required Insurance coverages shall contain or be endorsed to waive 99 INSURANCE REQUIREMENTS
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prior to a loss. Contractor hereby waives Its own right of recovery against City, and hall require similar written express waivers and insurance clauses from each o 8 Subcontractors
f. It is understood and agreed to by the partles hereto and the insurance company(s), that the Certificate(s) of Insurance and policles shall so covenant and shall be g. City reserves the right to adjust the monetary limits of Insurance coverage's during the term of this Contract Including any extension thereof-lf In City's reasonable judgment, the amount or type of Insurance carried by the Contractor becomes inadequate.
h. In the event any polloy of insurance required by the Contract Documents does not comply with these specifications or is canceled and not replaced immediately so as to avold a lapse in the required coverage, City has the right but not the duty to obtaln the Insurance it deems necessary and any premium pald by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.
L. Contractor acknowledges and agrees that actual or alleged fallure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obilgation on the City nor does it waive any rights hereunder.
1. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be avallable to the City.
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ACTION MEMORANDUM RECEIVED
DATE January 3, 2024 JAN 4 - 2023
TO Vanessa Ibarra, Deputy City Attorney
FROM Gokce Odabas, Clty Manager's Office
SUBJECT
Request to approve as to form MOU with City of Signal Hill THE ATTACHED IS FORWARDED TO YOU FOR YOUR ACTION AS INDICATED BELOW:
Prepare communication to Council for Retum copy to
Prepare reply for _ Necessary action
x Approval as to form Prepare Agreement
Review / Report Comment
:
• L / Reply directly to writer
Recommend
Execution of documents For your information
Approved - Proceed other
REMARKS:
When completed, please forward to the City Manager's Office for signature.
If you have any questions, please contact Gokce Odabas x-6216 SHAME