CIT
Y OF SIMI VALLEY
MEMORANDUM
Apr
il 21, 2025
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: APPROVE CONTRACT WITH TANKO STREETLIGHTING, INC. FOR
STREET LIGHT MAINTENANCE SERVICES
STAFF RECOMMENDATION
It
is recommended that City Council approve an interim contract with Tanko Streetlighting, Inc. (Tanko), page 4, for street light maintenance, in a form approved by the City Attorney, for an amount not -to-exceed $75,000 and authorize the City Manager to execute the contract.
BACKGROUND AND OVERVIEW
In F
ebruary 2017, staff, with the assistance of the City’s Financial Advisor, Public Financial Management (PFM), conducted interviews of three vendors to evaluate their proposals, to determine each vendor 's experience in streetlight conversions and interaction with SCE, and their approach to the long-term maintenance of the City-owned streetlights. After the interviews and further post-interview evaluations, it was determined that Tanko Streetlighting (Tanko) was the best -qualified vendor to perform the identified work. Tanko demonstrated a clear understanding of the tasks to be accomplished, presented a concise proposal of a turn-key approach to the conversion of the streetlights to light-emitting diodes ( LED), and provided a cost proposal that was beneficial to the City in the short -term (conversion of the streetlights to LED, audit/inventory) as well as the long-term maintenance of the converted streetlight system.
On M
arch 20, 2017, the City Council approved a Purchase and Sale Agreement with Southern California Edison (SCE) to acquire streetlights in Simi Valley. Following the streetlight acquisition from SCE , the Council authorized staff to identify a consultant to perform a broad scope of work related to the conversion of the streetlights to LED . This conversion would save the City approximately $10,000,000 over 20 years in electricity and maintenance costs. The City owns and maintains 7,202 street lights, of which 6,748 were acquired from SCE.
On A
pril 24, 2017, the City Council awarded a contract to Tanko for services related to an audit and inventory of City -owned streetlights, conversion of streetlights to LED, and long-term maintenance of City-owned streetlights in an amount not-to-exceed $2,538,306 for the period from April 24, 2017, to April 24, 2025.
AGENDA I
TEM NO.
Consent (6)
On September 11, 2018, the City Manager approved a Change Order for maintenance services under Section 4D of the original contract. This made the maintenance services a Time and Material contract, with a not -to-exceed budget for maintenance services established by the City Council during the annual budget appropriation process.
On July 14, 2020, the City Manager approved a Second Amendment and increased the not-to-exceed amount by $100,000, for a total not-to-exceed amount of $2,638,306.
On September 3, 2021, the City Manager approved a Third Contract Amendment amending the compensation for the P hase 4 cost of living adjustment not to exceed 2% with no change to the not-to-exceed amount.
FINDINGS AND ALTERNATIVES
Tanko currently serves as the City’s street light maintenance contractor for materials , acquisitions, and maintenance. Tanko is responsible for tracking maintenance reports, dispatching its electrical subcontractor for repairs, and acquiring and stocking spare materials for installation. Their contract expires on April 24, 2025. The City will be going out to bid, but needs an interim contract for the above necessary services until the bidding process is completed.
Staff recommends t hat the City Council approve an interim contract with Tanko Streetlighting, Inc. for street light maintenance from April 25, 2025, through July 31, 2025, for an amount not to exceed $ 75,000, and authorize the City Manager to execute the contract. This interim contract will provide staff time to prepare and solicit a competitive bid package for street light maintenance, which is expected to occur before July 31, 2025.
The following alternatives are available to the City Council:
1. Approve an interim contract with Tanko Streetlighting, Inc. for street light maintenance in a form approved by the City Attorney, for an amount not to exceed $75,000, and authorize the City Manager to execute the contract;
2. P rovide staff with further direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to approve an interim contract with Tanko Streetlighting, Inc. for street light maintenance, in a form approved by the City Attorney, for an amount not -to-exceed $75,000.
SUMMARY
The City currently owns and maintains 7,202 street lights, of which 6,748 were acquired from SCE. Tanko Lighting, Inc. (Tanko) has served as the City’s contractor for materials acquisitions, maintenance, and records management for the contract period, which will expire on April 24, 2025. To allow staff time to prepare a bid for street light maintenance, 2 it is recommended that the City Council approve a contract with Tanko for street light maintenance, and authorize the City Manager to execute the contract for the not -to- exceed amount of $75,000.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
INDEX Page
Contract .............................................................................................. 4
3 Contract No. 3250107
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
TANKO STREETLIGHTING, INC.
This CONTRACT is entered into this 4/21/2025, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and TANKO STREETLIGHTING, INC., a California Corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed seventy-five thousand dollars ( $75,000) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within April 25, 2025, to July 31, 2025 working days (the “Contract Time.”)
4 City of Simi Valley
Contract No. 3250107
Tanko Streelighting, Inc
B. The Contract Time will commence when the City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third- party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES . Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
5 City of Simi Valley
Contract No. 3250107
Tanko Streelighting, Inc
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
Attention: Justin Link Attention: Jason Tanko
Principal Engineer Chief Executive Officer
City of Simi Valley Tanko Streetlighting, Inc.
2929 Tapo Canyon Road 220 Bayshore Boulevard
Simi Valley, CA 93063 San Francisco, CA 94124
(805) 583-6884
[email protected]
(415) 254-7579
[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notic es will be deemed given at the time of actual delivery. Changes may be made in the names 6 City of Simi Valley
Contract No. 3250107
Tanko Streelighting, Inc
or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY . This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County.
15. EFFECT OF CONFLICT. In the event of any conflict , inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable an d, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s City Manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such f acsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
7 City of Simi Valley
Contract No. 3250107
Tanko Streelighting, Inc
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Samantha C. Argabrite, City Manager
Approved as to Form: Tanko Streetlighting, Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Jason Tanko
Approved as to Content: Title: CEO
By:
Johanna Medrano,
Deputy Administrative Services Director/ Print Name: Clare Bressani Budget & Purchasing
Title: President
Ronald K. Fuchiwaki
Public Works Director
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INSURANCE REQUIREMENTS
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $5,000,000
Business automobile
liability $5,000,000
Workers compensation Statutory requirement.
Commercial general liability insurance must meet or exceed the requirements of ISO- CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage must be written on IS O Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Contractor must furnish to the City dul y authenticated Certific ates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Contractor will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, under stands, and will comply with these insurance requirements if it is se lected as the City’s cont ractor. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.” _______________ ____________________________
D a t e B i d d e r
CONTRACT DOCUMENTS
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LIST OF SUBCONTRACTORS AND OFF-JOB FABRICATORS
Contractor's Name
_________________________________________________________ Listing must comply with the provisions of Public Contract Code § 4104.
Name of
Subcontractor
or Off-Job Fabricator
PWC
Number
CSLB
Number
Address Items of Work
If more space is needed, attach additional sheets.
Public Contract Code § 4104 provides that bidders must list:
(a)(1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Per Public Contract Code §4104, Contractor’s bidding on public projects are required to list above California contractor license numbers and DIR registration numbers for all subcontractor’s performing work in excess of one-half of one-percent of the contract’s value.
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WORKERS’ COMPENSATION CERT
IFICATE
(AS REQUIRED BY LABOR CODE SECTION 1861)
I am aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
Contractor
By
Title
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BPCONSTR.V28
IN-USE OFF-ROAD DIESEL-FUELED FLEETS CERTIFICATION
DOCUMENT 00 4548
TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to City as set forth in sections 1 through 2, below.
1. Certification of Compliance. I certify that I and all of my Subcontractors will conform to the California Air Resource Board (CARB) In-Use Off-Road Diesel-Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in 13 Cal.
Code of Regs section 2449, subdivision (i), subparts (1) – (4 ), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts (1) – (5).
2. Instructions. Check one (1) box below.
☐ Bidder’s current CARB issued Certificate of Reported Compliance accompanies this Cer
tification. (If this box is checked, the Certificate must be provided.)
☐ Bidder certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements.
B I D D E R :
(Name of Bidder)
Date:
___________________, 2024 By:
(Signature)
N a
m e :
(Print Name)
I t
s :
(Title)
END OF DO
CUMENT
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BPCONSTR.V28
IN-USE OFF-ROAD DIESEL-FUELED FLEETS REGULATION
DOCUMENT 00 7324
Attention is directed to provisions of 13 California Code of Regulations Sections 2449, 2449.1, and 2449.2 governing In-Use Off-Road Diesel-Fueled Fleets (Regulation), issued by the California Air Resources Board (CARB). Contractor warrants that it is knowledgeable of and will comply with the Regulation including, without limitation, the matters contained in this Document, at all times before and during its work on the Project. The Regulation controls in the event of any conflict between this Document and the Regulation.
21. Contracting Requirements.
21.1. If the Project involves the use of vehicles subject to the Regulation, Contractor must obtain copi es of the valid Certificat es of Reported Compliance, as described in Regulation section 2449(n), for the fleet selected for the Contract and its listed subcontractors, if applicable, before entering into a new or renewed contract with that fleet.
21.2. Contractor may not enter into a cont ract with a fleet for which it does not have a valid Certificate of Reported Comp liance for the fleet and Contractor’s listed Subcontractors, if applicable, before entering into a new or renewed contract with that fleet.
21.3. The Certificates of Reported Compliance received by the Contractor for the Project must be retained for three years after the Project’s completion. Upon request by CARB, these records must be provided to CARB within five business days of the request.
21.4. If the Project is considered to be an emergency operation, as defined in Regulation section 2449(c)(18), it is exempt from the requirements in Regulation section 2449(i)(1)-(3). Nevertheless, Contractor must still retain records verifying vehicles subject to the Regulation that are operating on the emergency operations project are actually being operated on the project for emergency operations only.
These records must include a descripti on of the emergency, the address or a description of the specific location of the emergency, the dates on which the emergency operations were performed, and an attestation by the fleet that the vehicles are operated on the project for emergency operations only.
22. Other Contractor Requirements.
22.1. Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Complianc e for the current compliance year, as defined in Regulation section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement.
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22.2. Contractor may only allow fleets with valid Certificat es of Reported Compliance on Contractor’s job sites.
22.3. If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation sect ion 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor’s job site, then Contractor must report t he required information to CARB when as provided and within the time period contained in in the Regulation
22.4. Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor.
22.5. If applicable, Contractor must prominently display signage for any project where vehicles subject to the Regulatio n as provided and within the time period contained in in the Regulation.
END OF DOCUMENT
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BPCONSTR.V28
FAITHFUL PERFORMANCE BOND
Bond No.
Bond Fee:
(“PRINCIPAL”) and
, a corporation incorporated under t he laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF SIMI VALLEY (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulatio ns set forth in this bond, SPECIFICATION NO.
SV __-__, and the public works contract executed wit h such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in SPECIFICATION NO. SV __- __, a copy of which is on file with CITY’s Engineering Division (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed wit h CITY’s Engineering Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL’s work on the Public Proj ect will be done in accordance with CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Simi Valley Municipal Code (“SVMC”).
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATION NO. SV __ - __ or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any 15 8
BPCONSTR.V28
such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrum ent; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitli ng or authorizing the persons executing this bond to do so;
B. A certificate issued by the c ounty clerk for the county in which SURETY’s representative is located conforming with
California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and
7. Should PRINCIPAL perform its obligations wit hin the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk’s Office.
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BPCONSTR.V28
LABOR AND MATERIALS BOND
Bond No.
Bond Fee:
, as principal (“PRINCIPAL”) and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF SIMI VALLEY (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees paym ent by PRINCIPAL to contractors, subcontractors, and persons renting equ ipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in TANKO STREETLIGHTING, INC. FOR ST REET LIGHT MAINTENANCE SERVICES (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Publ ic Project. In the ca se of any default in the performance of the condition s and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will app ly the bond or any portion ther eof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in SPECIFICATION NO. __-__, and the public works contract executed for such Specifications, copies of which is on file with CITY’s E ngineering Division (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said pl ans and profiles are approved by the City Council and filed with CITY’s Engineering Division.
2. PRINCIPAL will pay all contractors, subcontrac tors, and persons renting equipment.
3. PRINCIPAL will pay for all material s and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Simi Valley Municipal Code (“SVMC”).
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATION NO. __- __, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any 17 10
BPCONSTR.V28
such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrum ent; the plans and specifications identified above; and the following TWO (2) attached exhibi ts all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of at torney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located confo rming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7. Should PRINCIPAL per form its obligations withi n the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk’s Office.
18 BPCONSTR.V28
11 CITY OF SIMI VALLEY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
STANDARD SPECIFICATIONS
FOR
TANKO STREETLIGHTING, INC. FOR STREET LIGHT MAINTENANCE SERVICES
19 BPCONSTR.V28
12 CITY OF SIMI VALLEY
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
STANDARD SPECIFICATIONS
Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by t he Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specific ations for this project. THESE STANDARD
SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.
1. NUMBERING OF SECTIONS
The numbering of these Standar d Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within t hese Standard Specifications supersede any conflicting clauses withi n the Greenbook and gover n the contractual relationship between the Parties.
2. MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.
3. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the wo rds and phrases used in these Standard Specifications.
Acceptance – The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by City.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, ac ting directly or through a duly authorized representative.
Compensable Delay – a delay entitling Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.
Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 20 BPCONSTR.V28
13 hours or two working days) before the comm encement of the cont emplated action.
Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.
Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the Public Works Director or designee.
PCC – California Public Contract Code.
Prompt – The briefest interval of time re quired for a considered reply, including time required for approval of a governing body.
(Check if applicable) State Standard Specif ications (SSS) - State of California Standard Specifications (https://dot.ca. gov/programs/design/ccs-standard-plans-and- standard-specifications).
Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.
4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institut e of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electr ic and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the St andard Specifications for Public Works Construction, and subsequent supplem ents prepared by Public Works Standards, Inc.
WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works C onstruction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association
5. ACCESS TO PROJECT SITE
Not later than the date designated in the Noti ce to Proceed, City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for Contractor’s use.
6. SUBCONTRACTOR LISTING
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14 Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime co ntractor in or about the cons truction of the work or improvement, or a subcontra ctor licensed by the State of California who, under subcontract to the prime contra ctor, specifically fabricates and insta lls a portion of the work or improvement according to detail ed drawings contain ed in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, c onstitutes an agreement by Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.
Contractor must have the City Council’s written consent to substitute a subcontractor other than that designated in t he original bid, to permit an y subcontract to be assigned or transferred, or to allow a subcontract to be performed by ot her than the original subcontractor.
Subcontracting of work for which no subcontr actor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting fo rth the facts constituting the emergency or necessity.
Violation of any of the above provisions will be considered a breach of the Contract, and City may terminate Contractor’s control over the Work, cancel the contract, or assess Contractor a penalty of not more than 10 percent of the subcontract involved.
All persons engaged in the work, including s ubcontractors and their employees will be considered as employees of Contractor. Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. City will deal directly with, and make all payments to, the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, Contractor will be notified to take corrective action. The Public Works Director may report the facts to the City Council. If the City Council so orders, and on receipt by Contractor of written instructions from the Pub lic Works Director, the subc ontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.
If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from Contractors’ State License Board which establishes that the
individual or entity bringing the action was
duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a 22 BPCONSTR.V28
15 verified certificate. When licensure or proper licensure is contro verted, the burden of proof to establish licensure or proper licensure is on the licensee.
Contractor will submit ex perience statements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.
7. CONTRACT BONDS
The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by City in accordance with the guarantee required by the Greenbook.
The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.
8. CONTRACT DOCUMENTS
Contractor will maintain the following at the Work site:
One as-built copy of the Plans and S pecifications, in good order and marked to record current changes and selections m ade during construction. As-built plans must be submitted to City representative for approval before City pays a final retention amount.
The current accepted Contract Schedule.
Shop Drawings, Product Data, and Samples.
Approved permits from other agencies, including Cal-OSHA permits for trench shoring.
All other required submittals.
The Plans, Specifications, and other Contra ct Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.
If Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work.
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16 9. PRECEDENCE OF CONTRACT DOCUMENTS
As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled di mensions, the figured dimensions will be followed in preference to t he scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not suffici ently detailed or explained in the Contract, Contractor will apply to the Public Works Director for such further explanations as may be necessary and will c onform thereto as part of the Contract so far as may be consistent with the terms t hereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.
10. ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, City does not warrant the completeness or accuracy of such information.
Contractor will carefully st udy and compare each of the C ontract Documents with the others and with information furnished by City and will promptly report in writing to the Public Works Director any errors, inconsis tencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by Contractor.
Contractor will take fiel d measurements, verify field conditions, perform soil investigations, and carefully compare wit h the Contract Documents such field measurements, conditions, and other info rmation known to Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.
11. RIGHT-OF-WAY
When Contractor arranges for additional temporary work areas and facilities, Contractor will provide City with pr oof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.
12. SURVEYING
Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.
The Project Benchmark is s hown on the plans. Contractor will establish all necessary control lines based on the plans and record information on file with the County of Ventura Surveyor and the Public Works Director.
It is Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, Contractor will provide for 24 BPCONSTR.V28
17 resetting them and file appropriate documents with the County of Ventura at the direction of the Public Works Director.
Computations, survey notes, and other data used to acco mplish the work will be neat, legible and accurate. Copies of all co mputations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.
13. MEASUREMENT AND PAYMENT
Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.
14. BASIS FOR ESTABLISHING COSTS
Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.
15. MARK UP
Work by Contractor. The following percentages will be added to Contractor’s costs and will constitute the markup for all overhead and profits.
Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15
To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other fo rmula, e.g., the Ei chleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.
Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five percent on work added exceeding $5,000 of the subcontracted portion of the extra work may be added by Contractor.
16. DAILY REPORTS BY CONTRACTOR
If disagreement continues regarding extra work, Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 25 BPCONSTR.V28
18 17. CHANGED CONDITIONS
If Contractor encounters concealed or unknown conditions that diffe r materially from those anticipated or expect ed (“changed conditions”), Contractor will immediately notify the Public Works Director in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director can determine if such conditions require design det ails that differ from those design details shown in the Contract Docum ents. Notwithstanding any other time period, Contractor is liable to City for any extra costs incurred as a result of Contractor’s failure to promptly give such notice.
Changed conditions include, without limitation, the following:
Subsurface or latent physical condi tions differing materially from those represented in the Contract Documents;
Unknown physical conditions of an unusua l nature differing materially from those ordinarily encountered and generally reco gnized as inherent in work of the character being performed; and
Material differing from what is repres ented in the Contract which Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.
The Public Works Director will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that decision, will be made in accordance with t he Greenbook except that the Public Works Director will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:
Information is made available for the Bidders’ convenience and is not a part of the Contract.
City has not determined the accuracy or co mpleteness of such information and all such information is made available to Bidders without any representation or warranty by City whatsoever as to its accuracy, completeness, or relevancy.
Bidders will independ ently evaluate such information for their use and will be solely responsible for use or interpretati on of such information. Any such use or interpretation will not be the basis of any claim against City.
18. PERMITS
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19 If the work is proposed within State of California Department of Transportation right-of- way, City will obtain an Encroachment Permit. However, after contract award, Contractor must obtain and pay for an Encroachment Pe rmit Rider at the St ate of California Department of Transportation, Permit Section, 100 S. Main Street, Los Angeles, CA 90012. Contractor must show evidence of possessing bonding that meets the requirements of the State of California De partment of Transpor tation. Such bonding costs must be at Contractor's expense.
When work occurs in the right-of-way of other entities, Contractor must obtain and pay, as required, for an encroachm ent permit from that entity, and may not charge City an administrative fee for obtaining such permits.
19. DISPUTED WORK
If Contractor and City do not reach agreem ent on disputed work, City may direct Contractor to proceed with the work. An y payment for the disputed work will be determined pursuant to the claims proc edures in these Standar d Specifications.
Although not to be construed as proceeding under extra work provisions, Contractor will keep and furnish records of disputed work as required by the Contract Documents.
20. INSPECTION REQUIREMENTS
Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtur es, structural concrete, fabricated metal products, cast metal products, welding, re inforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.
A certificate of compliance, signed by an aut horized officer of the producer, certifying compliance with the contract documents wil l be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.
All other equipment items will be inspected and tested in accordance with the contract documents.
City does not provide full time inspection . Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection required outside of normal working hours and days, including holidays, will be at Contractor’s cost at rates established by City.
21. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY
Contractor purchased materials, fabricat ed items, and equipment, produced at sources located more than 50 miles out side the corporate limits of City, and which are specified 27 BPCONSTR.V28
20 to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to City. If any item inspected fails to meet the specified criteria, Contractor will pay all costs for reinspection, and such costs may be deducted fr om payments due to Contractor.
22. TRADE NAMES OR EQUALS
Whenever any material, product, equipment, or se rvice is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”
For City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:
Written request with explanation of wh y the product should be considered as an equal product.
Material specifications.
Technical specifications.
Test data.
Samples.
Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
Work locations and reference telephone num bers of at least three (3) locations where the proposed “equal” item has b een recently installed under similar conditions.
Warranty data.
The Bidder will be notified by the Public Wo rks Director whether or not the proposed “equal” product is acceptable to City five calendar days before the date of the bid opening.
Failure to submit all required documentation and/or submittal of incomplete documents may result in City’s rejection of t he proposed “equal” product without further consideration.
23. PROTECTION
If Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specif ications by City, Contractor will immediately notify City and utility owner in writing.
24. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
City is responsible to arrange for the removal, repair, or relocati on of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by Cit y. City has sole discretion to perform repairs or relocation work or permit Contractor to do such repairs or relocation. 28 BPCONSTR.V28
21 25. DELAYS
Actual loss is understood to include no item s of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer haul s. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.
26. CALCULATING IDLE TIME
Equipment and worker idle time is calculated in accordance with these Standard Specifications and the Greenbook; it is bas ed upon the actual normal working time during which the delay condition exists, but in no case will exceed eight hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.
27. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
A. Pre-Construction Meeting:
After contract award, City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and Contractor will arrange for all of its sub-contractors to attend the meeting.
B. Contract Schedule
After notification of award and before starting any work, Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.
C. Contract Schedule Content
The Contract Schedule, and any updated Cont ract Schedule, will meet the following requirements:
Schedules must be suitable for m onitoring progress of the Work. Schedules must provide necessary data about the time for the Public Works Director’s decisions.
Schedules must be sufficiently detail ed to demonstrate adequate planning for the Work.
Schedules must represent a practical plan to complete the Work within the Contract Time.
Schedules must show the critical path method for completing the Work.
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22 The Public Works Director’s review of th e form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.
D. Effect of Contract Schedule
The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acc eptable if judged by the Pub lic Works Director to be practical. Acceptance of su ch a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedul e, will control in determining liquidated damages payable by Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is accepted, Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the ex piration of the Contract Time.
Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions fo r its own forces and those forces of Subcontractors. Contractor will cooperate with the Public Wo rks Director in developing the Contract Schedule and updated Contract Schedules.
The Public Works Director’s review and co mments about any schedule or scheduling data will not relieve Contractor from its sole responsibilit y to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Publ ic Works Director or City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.
The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform Cont ractor that Contractor, S ubcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve Contractor from its sole responsibility to perform and complete the Work within the Contract Time and wil l not be a cause for an adjustment of the Contract Time or the Contract Sum.
Contractor will perform the Work in accord ance with the currently accepted Contract Schedule.
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23 E. Commencement of Contract Time
The Contract Time will commence when City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of 15 calendar days after the date of the Notice to Proc eed and be diligently prosecuted to completion with the time provided in the Specifications.
28. DEFAULT BY CONTRACTOR
A. General
Should Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure City’s interest, or if Contractor is not carry ing out the intent of the Contract, City may serve written notice upon Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
B. Termination of Contractor ’s Control Over the Work
City may terminate Contractor’s control over the Work without liability for damages when, in City’s opinion, Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without City’s consent. Should such termination occur, Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to City by Contractor’s action or inaction.
In the event of such termination of control, City may do any one, or combination of, the following:
Serve written notice upon the Surety on it s Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within five days, assume control and perform the Work as successor to Contractor; City may perform the Work itself and deduc t the cost thereof from any payment due to Contractor;
City may replace Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy City may have under these Contract Documents or applicable law.
C. Surety’s Assumption of Control
Should the Surety assume any part of the Wo rk, it will take Contractor’s place in all respects for that part and will be paid by City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contrac t, all money due Contractor 31 BPCONSTR.V28
24 at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work wit hin five days after receiving notice of cancellation, or fails to continue to comply, City may exclude the Surety from the premises. City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against Contractor and it s Surety and may be deducted from any money due or becoming due from City. If the sums due under the Contract are insufficient for completion, Contractor or Surety will pay to City within five da ys of completion, all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies available to City under applicable law.
29. DELAYS AND EXTENSIONS OF TIME
A. General
If delays are caused by unforeseen events beyond the control of Contractor, such delays will entitle Contractor to an extension of time as prov ided herein, but Contractor will not be entitled to damages or addi tional payment due to such delays except as otherwise provided herein. Excusable delay may inclu de war, earthquakes e xceeding 3.5 on the Richter Scale, government regul ation, labor disputes outsid e the contempl ation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.
Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time.
City will not grant an extension of time for a delay by Cont ractor’s inability to obtain materials unless Contractor furnishes to the Public Works Director documentary proof.
The proof must be provided in a timely manner in accordance with the sequence of Contractor’s operations and accepted construction schedule.
Should delays be caused by events other than those included herein, the Public Works Director may, but is not r equired to, deem an extension of time to be in City’s best interests.
B. Extensions of Time
If granted, extensions of time will be based upon t he effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.
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25 C. Payment for Delays to Contractor
Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, Contractor may have reasonably avoided. Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for offi ce overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula.
D. Written Notice and Report
If Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.
Failure to submit a written request within such amount of time will result in Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.
In no event will City grant Contra ctor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.
30. WORKDAYS AND WORKING HOURS
A. Except for work at signalized intersec tions, and as noted elsewhere in these Standard Specifications and Se ction 5000, “Special Condi tions”, of the Special Provisions, construction working hours are limited to the hours between 7:00 a.m. and 3:30 p.m. Monday through Friday, unless otherwise approved by the City Engineer in writing.
B. Working hours in the vicinity of schools are limited to the hours between 9:00 a.m. and 2:00 p.m., unless other wise specified in these Standard Specifications.
C. Lane closures within 200 feet of a si gnalized intersection are limited to the hours between 9:00 a.m. and 3:00 p.m., except as otherwise indicated in Section 5002, “Traffic Control, Cons truction Signing and Traffic Maintenance,” of the Special Provisions.
D. Any overtime for construction surv ey, geotechnical/testing services, and inspection by City staff, out side of 9:00 p.m. to 6:00 a.m. for night work areas and 7:00 a.m. to 3:30 p.m. for day ti me work areas, Monday through Friday, and any work on Saturdays, Sundays and Holidays, is the responsibility of the Contractor, and such costs will be deducted from the pr ogress payments to the Contractor. The Contra ctor must provide at leas t 48-hour notification for all his/her overtime work requests.
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26 E. The following days are recogni zed as holidays by the City:
1. January 1st (New Year’s Day)
2. 3rd Monday in January (Martin Luther King, Jr. Day)
3. 3rd Monday in February (President’s Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. 1st Monday in September (Labor Day)
7. November 11th (Veteran’s Day)
8. 4th Thursday in Nove mber (Thanksgiving Day)
9. 4th Friday in November (Day after Thanksgiving)
10. December 24th (Christmas Eve)
11. December 25th (Christmas Day)
F. When any of the above listed holida ys falls on Sunday, the holiday may be observed on the following Monday. Whenev er any holiday falls on a Saturday, the holiday may be observed on the precedi ng Friday. A calendar of City holidays is included in the Appendices.
31. COMPLETION AND ACCEPTANCE
The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving Contractor’s written assertion that the Work is complete.
If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Wor ks Director will accept the Wo rk on behalf of City in the manner prescribed by City. Once a Notice of Completion is issued, Contractor is relieved from responsibility to protect the Work.
All work will be guaranteed by Contractor against defective workmanship and materials furnished by Contractor for a minimum peri od of one year from the date the Work was completed. Contractor will r eplace or repair any such defective work in a manner satisfactory to the Public Works Director, after notice to do so from the Public Works Director, and within the time specified in t he notice. If Contractor fails to make such replacement or repairs within the time specified in the notice, City may perform this work and Contractor’s sureties will be liable for the cost thereof.
32. LIQUIDATED DAMAGES
If all the Work is not completed before or upon the expiration of th e Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay, it is agreed that Contractor will pay to City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that City may deduct the 34 BPCONSTR.V28
27 amount thereof from any money due or that may become due to Contractor under the contract.
Unless otherwise specified, liquidated damages will be $0 per calendar day.
33. DISPUTES AND CLAIMS; PROCEDURE
A. General
Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by Contractor that seeks an ad justment or interpretation of the terms of the Contract
Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determina tion of disputes or matters in question between City and Contractor arising out of or related to t he Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:
Claims respecting penalties for forfeiture s prescribed by stat ute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. Claims respecting a latent defect, breach of warranty, or guarantee to repair. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part Contractor’s Change Order Request.
If a Claim is not subject to the Change Order Procedures, the Claim arises when Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference. Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.
B. Form
A Claim must include the following:
A statement that it is a Claim and a request for a
decision.
A detailed description of t he act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.
If the Claim is subject to the C hange Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 35 BPCONSTR.V28
28 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:
If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.
To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoic es) demonstrating that costs claimed have actually been incurred.
To the extent costs have not yet been incurred at the ti me the Claim is submitted, actual cost records must be submitte d on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra co sts may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).
If the Claim involves an error or omission in the Contract Documents:
An affirmative representation that t he error or omission was not discovered before submitting a bid for the Contract; and
A detailed statement dem onstrating that the error or omission reasonably should not have been discovered by Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.
If the Claim involves an extension of the Contract Time, written documentation demonstrating Contractor’s entitlement to a time extension.
If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating Contractor’s entitlement to such an adjustment.
A personal certification from C ontractor that reads as follows:
“I, , BEING THE (MUST BE AN
OFFICER) OF (CONTRACTOR NAME),
DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE
ATTACHED CLAIM FOR ADDITIONAL COM PENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAI M IS MADE IN GO OD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT
REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH CONTRACTOR BELIEVES CITY IS LI ABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT 36 BPCONSTR.V28
29 CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW
AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”
C. Claims Submitted to Public Works Director
Within 30 calendar days after the circumstances giving rise to a Claim occur, Contractor will submit its Claim to the Public Works Director for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwis e directed by the Public Works Director, Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the per forming the Work in accordance with the Contract Documents. Except as otherwise provided, City will continue to make payments in accordance with the Contract Documents.
D. Claim Is Prerequisite to Other Remedy
Contractor certifies that it is familiar with PCC § 1024 0.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law.
E. Decision on Claims
The Public Works Director will promptly revi ew Claims submitted by Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days afte r Contractor receives the Public Works Director’s request.
The Public Works Director will render a deci sion not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.
The Public Works Director’s decision on a Claim will include a statement substantially as follows:
“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have co mplied with the procedur al requirements for asserting claims, you may have the right to alternative dis pute resolution or litigation. 37 BPCONSTR.V28
30 Should you fail to take appropriate action wit hin 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”
F. Appeal of Public Works Director’s Decision
Should Contractor dispute the Public Works Director’s decision, then Contractor must appeal that decision to City M anager within 30 calendar days of receiving the Public Works Director’s decision.
City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. City Manager’s decision on the dispute or claim will be City’s final decision.
If Contractor disputes City Manager’s decision, then Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of City’s final decision.
G. Mediation
If City and Contractor agree, disputes bet ween the parties may be submitted to non- binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association (“AAA”) under its Construction Industry Mediati on Rules, unless the use of such rules are waived by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settl ement negotiation durin g mediation will be considered a waiver of City’s right to assert that claim procedures were not followed.
H. Arbitration
If City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Ventura County.
The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.
I. When Arbitration Decision Becomes Binding
The decision rendered by the arbitrator will become bind ing upon the parties unless appealed to the Ventura County Superior C ourt pursuant to PCC § 10240.12 within 30 38 BPCONSTR.V28
31 calendar days of the decision. If subsequent litigation resu lts in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing par ty, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.
J. Appeal to Superior Court; Waiver of Jury Trial
Should a party timely object to the arbitrat ion decision, it may file a petition with the Ventura County Superior Court in accordanc e with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an ar bitration award, and enter judgment in accordance with CCP § 1287.4, for any lega l or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DO CUMENTS, CONTRACTOR AGREES TO
HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,
INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT
DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN A CCORDANCE WITH THIS SECTION. BOTH CITY AND
CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
34. PREVAILING WAGES
Contractor will post at appropr iate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One s ource that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774.
Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by Contractor or any subcontractor.
Labor Code § 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which adminis ters the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of cover age by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
39 BPCONSTR.V28
32 When the trade can show that it is replacing at leas t 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
When Contractor provides evidence that Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contract s and if other contra ctors on the public works site are making such contributions.
Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprentices hip standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
35. RECORD OF WAGES PAID: INSPECTION
Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem w ages paid to each worker employed in connection with the Work. The re cord will be kept open at all reasonable hours to the inspection of the body awardi ng the contract and to the Department of Industrial Relations. If requested by City, Contractor will provide copies of the records at its cost.
36. LIABILITY INSURANCE
Contractor must comply with City’s insur ance requirements for public works projects which are adopted by City Council resolution.
The cost of such insurance will be included in the various items of work in Contractor’s bid and no additional compensation for purchas ing insurance or additional coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor fu rther agrees that administrat ive and premium costs may be deducted from payments due to C ontractor. Contractor will not be allowed to work until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indem nify the additional insured would be invalid under Civil Code § 2782(b).
40 BPCONSTR.V28
33 Subcontractors
Contractor must require and verify that a ll subcontractors maintain insurance meeting City’s insurance requirements.
37. INDEMNIFICATION AND DEFENSE
In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between City and Contractor , Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.
Contractor will bear all losses an d damages directly or indirectly resulting to it, to City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficultie s, accidents, traffic control, job site maintenance, or any other causes whatsoever.
Contractor will assume the defense of and indemnify and save harmless the City of Simi Valley, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, r egardless of responsibility for negligence, and from any and all claims, lo sses, damage, expenses, and liability, howsoever the same may be caused, resulting di rectly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance wi th Civil Code § 2782, nothing in this Section will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of City, or its agents, servants or independent contractors who ar e directly responsible to City, or for defects in design furnished by such persons. Moreover, nothing in this Section will apply to impose on Contractor, or to relieve City from, liability for active negligence of City.
City does not, and will not, waive any rights agai nst Contractor which it may have by reason of the aforesaid hol d harmless agreements because of the acceptance by City, or deposit with City by Contractor, of any insurance policies. This hold harmless agreement by Contractor applies to all damages and claims for damages of every kind suffered or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.
No act by City, or it s representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve Contractor or anyone else from any legal responsibilit y, obligation or liability he might otherwise have.
38. PERMITS
Contractor will apply for permits required by City. These permits including, without limitation, a business license, will be issued on a “no-fee” basis. However, Contractor 41 BPCONSTR.V28
34 must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge City an administrative fee for obtaining such permits.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.
39. CLEANUP AND DUST CONTROL
On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, Contra ctor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.
40. WATERING
Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. The Contractor is required to obt ain a construction water mete r from the appropriate water company either from Ventura County Water Works District No. 8 or Golden State Water Company.
41. WATER POLLUTION CONTROL
The following requirements are added to establish storm water and urban runoff pollution prevention controls.
Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/a sphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.
Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sedim ent so that only filtered water enters City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of Contractor.
Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction fo r example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.
Plastic or other impervious covering will be installed wher e appropriate to prevent erosion of an otherwi se unprotected area, along with any other r unoff control devices deemed appropriate by City.
42 BPCONSTR.V28
35 Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.
No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During th e rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other wate r pollution prevention control measures. These control meas ures will be in place and ma intained by Contractor on a daily basis on days when construction is not in progress due to rain.
All costs associated with water pollution control will be borne by Contractor. Any expense incurred by City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pol lution control measures will be charged to Contractor.
42. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by Contractor’s operations, such striping or markings will also be considered as existing improvements and Contractor will replace such improvements.
Relocations, repairs, replacements, or re-e stablishments will be at least equal to the existing improvements and will match such im provements in finish and dimensions unless otherwise specified.
43. PUBLIC CONVENIENCE AND SAFETY
Unless otherwise specified all traffic cont rol will be performed in accordance with the California Manual on Uniform Traffic Cont rol Devices (CA MUTCD), Latest Edition, published by the California Department of Transportation (Caltrans).
44. TRAFFIC AND ACCESS
Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.
At least one, 12 foot wi de, traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.
Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
43 BPCONSTR.V28
36 One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the plac ement of an adequate nu mber of lighted barricades (minimum two) at each location, one at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type II accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD).
45. STREET CLOSURES, DETOURS, BARRICADES
Street closures will not be allowed except as specifically permitted by the Public Works Director.
Contractor will prepare any traffic contro l or detour plans that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.
Temporary traffic channelization will be acco mplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Public Works Director. Contractor will pr epare any plans that may be r equired for temporary striping to the satisfaction of the Pu blic Works Director. In no ev ent will temporary striping be allowed on finish pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4- inch-thick steel plating will be used to bri dge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sl oped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.
46. PROTECTION OF THE PUBLIC
It is part of the service required of Contractor to make whatever provisions are necessary to protect the public. Cont ractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Public Works Director, an emergency exists against which Contractor has not tak en sufficient precaution for the public safety, protection of utilities and protection of adjacent struct ures or property, which may be damaged by Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to 44 BPCONSTR.V28
37 Contractor’s operations under this contra ct, the Public Wor ks Director will order Contractor to provide a remedy for the unsafe condition. If Contractor fails to act on the situation immediately, the Public Works Director may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by Contractor. All expenses incurred by City for emergency repairs will be deducted from the progress payments and the final payment due to Contractor. Such re medial measures by City will not relieve Contractor from full responsibility for public safety.
47. HAZARDOUS MATERIAL
For any excavation, which extends more than four feet below existing grade, Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in
writing, of 1) any material that Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site di ffering from those indi cated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and genera lly recognized as inherent in work of the character provided for in the Contract Documents.
After receiving notice from Contractor, the Public Works Director will promptly investigate any condition identified by Contractor as being hazardous. The rights and obligations of City and Contractor with regard to such conditions (inc luding, without lim itation, the procedures for procuring change orders a nd filing claims) will be specified by the provisions of these Standard Specifications regarding Changed Conditions.
If a dispute arises between City and Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in Contractor’s cost or time required for performance of the work, Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.
If the Public Works Director determines that material called to the Public Works Director’s attention by Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.
48. SUSPENSION OF THE WORK
If the Public Works Director suspends work, C ontractor must do all the work necessary to provide a safe, smooth, and unobstructed passageway through the construction for use by traffic during the period of such suspension. Should Contractor fail to perform the 45 BPCONSTR.V28
38 work above specified, City will perform such work and the cost wil l be ded ucted from monies due or to become due to Contractor.
If the Public Works Director orders a suspension of all of the work or a portion of the work, due to unsuitable weather or to such other conditions as are considered unfavorable to the suitable prosecution of the work, the days on whic
h the suspension is in effect is not
a working day.
49. LUMP SUM WORK
Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indic
ated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necess ary to furnish, construct and install the lump sum item of work, complete, in place, and for all necess ary appurtenant work, including, but not limited to, all necessary cu tting, patching, repair and modification of existing facilities, and clean-up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it corr ectly represents a reasonable apportionm
ent of the lump sum. This schedule is subject to approval by Public Works Director as to both the component
s into which the lump sum item is broken down, and the
proportion of cost attributable to each component.
This schedule will be the basis for progress payments for the lump sum work .
50. DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the work, will not be
approved for progress payments.
5 1. TERMINATION OF AGENCY LIABILITY
Before receiving final payment, Contractor will execute a “Release on Contract” form which will operate as, and will be a release to City, the City Council, and each member of
the City Council and their agencies, from all claims and liability to Contractor for anything
done or furnished for, or relating to, the work or for any act of neglect of City of any
person relating to or affecting the work, except the claim against City for the
46 BPCONSTR.V28
40 remainder, if any there be, of the amounts kept or retained as in these Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims.
Another requirement before receiv ing the final payment is that Contractor must file with the Public Works Director the completed attached affidavit sworn to before a Notary Public stating that all workers and persons employed, all firms supplying materials and all subcontractors upon the project, have been paid in full, and that there are no bills outstanding against the project for either labor or materials except certain items, if any, to be set forth in such affidavit, covering disput ed claims or items in connection with which Notices to Withhold have been filed under the provisions of the C ode of Civil Procedure.
The filing of such notarized affidavit by C ontractor is required before City makes final payment on the Contract.
5 2. UTILITIES
Work must conform to the provisions in Section 402 of the Greenbook. Manhole covers, water valv
e covers and grates of existing facilities will be adjusted to grade by the respective utility companies if such facilitie s are not included in the Contract. Contractor must cover grates with material suitable for preventing any paving material from passing through the grate. Contractor must mark the location of all existing covers by inscribing a cross in the new pavement or overlay. The cross mark must be clear and legible after final rolling.
Contractor must remove extraneous materi al from the interior and exterior of manholes, valve boxes, storm drain
s, gutters or other fa cilities. Covers which are partially exposed must be cleaned to the satisfaction of the Engineer.
Immediately before placing asphalt emulsion, Contractor must wrap all utility covers in a 3 mm plastic bag. Contractor must take care not to allow asphalt emulsion to run onto the covers. Diesel fuel application to the covers will not be allowed.
Contractor must contact t
he respective utility companies and other agencies listed below forty-eight (48) hours before starting any work on each road by which those companies are affected.
UTILITY/AGENCIES TELEPHONE CONTACT LIST
AT&T
(805) 583-6559
AT&T LONG DISTANCE FIBER OPTIC
(704) 963-7964
CALIFORNIA HIGHWAY PATROL
(805) 654-4710 (4571)
CALLEGUAS MUNICIPAL WATER DISTRICT
(805) 526-9323
RANCHO SIMI RECREATION AND
PARK DISTRICT
(805) 584-4400
SIMI VALLEY UNIFIED SCHOOL
DISTRICT
(805) 306-4500
SOUTHERN CALIFORNIA GAS CO.
(818) 701-3468
SPECTRUM
(805) 732-8160
47 BPCONSTR.V28
41 CENTURYLINK
(800) 244-1111
CITY ENGINEER
(805) 583-6786
CITY POLICE DEPARTMENT
(805) 583-6950
CITY SANITATION DIVISION
(805) 583-6442
CITY TRAFFIC ENGINEER
(805) 583-6786
CITY TRANSIT DIVISION
(805) 583-6456
CRIMSON PIPELINE
(805) 525-6312
EDISON INTERNATIONAL COMPANY
(805) 494-7013
EQUILON CORPORATION
(310) 816-2063
GOLDEN STATE WATER COMPANY
(805) 527-9393
MED TRANS AMBULANCE
(805) 495-4666
SPRINT NEXTEL
(949) 842-9315
UNDERGROUND SERVICE ALERT
1-800-422-4133 OR 811
UNION PACIFIC RAILROAD
(800) 336-9193
U.S. POST OFFICE
(805) 526-9819 OR (800) 275-8777
VENTURA COUNTY FIRE DEPARTMENT
(805) 389-9738, ext. 1
VENTURA COUNTY SHERIFF
(805) 494-8200
VENTURA COUNTY WATERSHED
PROTECTION DISTRICT
(805) 378-3033
VENTURA COUNTY WATERWORKS
DISTRICT NO. 8
(805) 583-6076
VERIZON
(909) 421-3312 or (909) 421-3316
WASTE MANAGEMENT
(805) 522-9400 EXT. 4360
48 BPCONSTR.V28
43 NOTICE TO PROPERTY OWNERS/BUSINESS OWNERS/RESIDENTS
Date: Click or tap to enter a date.
In approximately four days, Click or tap here to enter text. , a Contractor for the City of
Simi Valley, Department of Public Works, will begin construction on:
TANKO STREETLIGHTING, INC. FOR STREET LIGHT MAINTENANCE SERVICES The scope of work for this project includes Update
A minimum of 48 hours prior to each operati on, no parking/driving signs will be placed along affected areas. Barricade signs will be pl aced on your street with parking and/or driving date restrictions listed for the final resurfacing materials to be placed. In case of inclement weather, it may be necessary to reschedule the Contractor's operation. Typical hours of operation are between 9:00 a.m. and 3:00 p.m.
During this construction, we request your cooperation in find alternative routes away from the construction zone by using other nearby street(s) not under construction. We also request that children refrain from playing in or around the construction zones for their safety.
We regret any inconvenience this work may cause, and we thank you in advance for your cooperation and understanding in assisting us in improving your neighborhood in the most efficient way possible.
Should you have any questions regarding the project, please call:
General Contractor: Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
City Contact: Justin Link
Principal Engineer Traffic
Department of Public Works
(805) 583-6884
Additional information, including the construction schedule when available, can be found on the City’s website under ‘Current Capital Projects’:
https://www.simivalley.org/departments/public-works/public-works-engineering/capital-projects 49 BPCONSTR.V28
44 RELEASE ON CONTRACT
PROJECT NAME: TANKO ST
REETLIGHTING, INC. FOR STREET LIGHT
MAINTENANCE SERVICES
By the terms of the Contract dated ,
entered into by the City of Simi Valley and the undersigned, the Contractor agreed to perform certain work for the compensation specified in said Contract; and The Contractor represents that the Work is fully complet ed and that final payment is due to the Contractor under terms of said Contract.
The Contractor releases and forever discharges the City of Simi Valley, its elected and appointed officials, and employees of and from all manner of debts, dues, demands, sum or sums of money, accounts, claims, and causes of action, in law and in equity, under or by virtue of said Contract, ex cept as follows (if none, leave blank):
IN WITNESS WHEREOF, the hand and seal of the Contractor have been
hereunto set this day of , 20 .
This form must be notarized using proper ackno
wledgment form (see Civil Code Sections
1189 and 1190).
Contractor
By
Title
By
Title
50 BPCONSTR.V28
45 CONTRACTOR’S AFFIDAVIT OF PAYMENT
PROJECT NAME: TANKO ST
REETLIGHTING, INC. FOR STREET LIGHT
MAINTENANCE SERVICES
DATE: ____________________
The undersigned hereby certifies that all wo rkers, and persons employed, all firms supply
ing materials, and all subcontractor s working on the above named project have been paid in full, and there are no bills, invoices, or obligations outstanding against the project for either labor, materials, or equipment furnished except for the following disputed claims for which Notices to Withhold have been filed under the provisions of the Code of Civil Procedure: (If none, leave blank)
.
IN WITNESS WHEREOF, the hand and seal of the Contractor have been hereunto set this _______ day of _________________, 20 .
This form must be notarized using proper acknowledgment form (see Civil Code Sections 1189 and 1190).
Contractor Name:
By:
Signature of Authorized Representative
Title:
By:
Signature of Authorized Representative
Title:
51 Labor Rate Sheet
Proposal: Street Light Maintenance Agreement.
T&M Rates (Valid 4/25/25 - 7/31/25)
LABOR
St LT Worker................. $162.64/hr
Laborer...........................$117.73/hr
St Lt Worker OT.............$278.15/hr
Laborer OT.....................$194.71/hr
52