17-0629_SIEMENS INDUSTRY, INC_Plans and SpecificationsCITY OF SAN JUAN CAPISTRANO
SAN JUAN CAPISTRANO, CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
CITYWIDE STREET NAME SIGN REP4ACEMENT PROJECT
CIP 11101
- j � � z 11"-4 �WlrL: n: I - ef: � I c �Z—Z-9 91Z / -, �
Georg Ivarre-z, P.E., Engineer to
61147.021 00\29379545.1
TABLE OF CONTENTS
Pape
00 11 16 - NOTICE INVITING BIDS............................................................................................5
00 21 13 - INSTRUCTIONS TO BIDDERS..................................................................................8
BIDDER INFORMATION AND EXPERIENCE FORM.................................11
ARTICLE 1.
SECURING DOCUMENTS..............................................................................8
WORKERS' COMPENSATION CERTIFICATION.......................................11
ARTICLE 2.
EXAMINATION OF SITE AND CONTRACT DOCUMENTS ............................8
SIGNING OF BIDS.....................................................................................11
ARTICLE 3.
INTERPRETATION OF DRAWINGS AND DOCUMENTS ..............................8
SUBMISSION OF SEALED BIDS...............................................................12
ARTICLE4.
ADDENDA......................................................................................................9
OPENING OF BIDS...................................................................................12
ARTICLE 5.
COMPLETION OF BID FORMS......................................................................9
WITHDRAWAL OF BID..................:'............................................................13
ARTICLE 6.
MODIFICATIONS OF BIDS............................................................................9
BIDDERS INTERESTED IN MORE THAN ONE BID..................................13
ARTICLE 7.
SUBCONTRACTORS.....................................................................................9
SUBSTITUTION OF SECURITY.................................................................13
ARTICLE 8.
LICENSING REQUIREMENTS.....................................................................10
PREVAILING WAGES................................................................................13
ARTICLE 9.
BID GUARANTEE (BOND)...........................................................................10
DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ...............13
ARTICLE 10.
IRAN CONTRACTING ACT OF 2010..........................................................10
INSURANCE REQUIREMENTS.................................................................14
ARTICLE 11.
NONCOLLUSION DECLARATION.............................................................11
PERFORMANCE BOND AND PAYMENT BOND
ARTICLE 12.
PUBLIC WORKS CONTRACTOR REGISTRATION
....................................................................................................14
CERTIFICATION.....................................................................................................11
ARTICLE 13.
BIDDER INFORMATION AND EXPERIENCE FORM.................................11
ARTICLE 14.
WORKERS' COMPENSATION CERTIFICATION.......................................11
ARTICLE 15.
SIGNING OF BIDS.....................................................................................11
ARTICLE 16.
SUBMISSION OF SEALED BIDS...............................................................12
ARTICLE 17.
OPENING OF BIDS...................................................................................12
ARTICLE 18.
WITHDRAWAL OF BID..................:'............................................................13
ARTICLE 19.
BIDDERS INTERESTED IN MORE THAN ONE BID..................................13
ARTICLE 20.
SUBSTITUTION OF SECURITY.................................................................13
ARTICLE 21.
PREVAILING WAGES................................................................................13
ARTICLE 22.
DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ...............13
ARTICLE 23.
INSURANCE REQUIREMENTS.................................................................14
ARTICLE 24.
PERFORMANCE BOND AND PAYMENT BOND
REQUIREMENTS
....................................................................................................14
ARTICLE 25.
SALES AND OTHER APPLICABLE TAXES, PERMITS,
LICENSES AND FEES............................................................................................14
ARTICLE 26.
PERMIT AND INSPECTION FEE ALLOWANCE........................................14
ARTICLE 27.
FILING OF BID PROTESTS.......................................................................14
ARTICLE 28.
BASIS OF AWARD; BALANCED BID.........................................................15
ARTICLE 29.
AWARD PROCESS....................................................................................15
ARTICLE 30.
EXECUTION OF CONTRACT....................................................................15
<December> <2016> _I_ TABLE OF CONTENTS
61147.02100\29379545.1
TABLE OF CONTENTS
(Continued)
Page
ARTICLE 31. QUESTIONS...............................................................................................15
00 41 43 - BID FORMS............................................................................................................17
ARTICLE 1. INFORMATION ABOUT BIDDER.................................................................28
ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG)..............................................31
ARTICLE 3. LIST OF COMPLETED PROJECTS - LAST THREE YEARS.......................32
ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS
QUESTIONNAIRE...................................................................................................33
ARTICLE 5.
VERIFICATION AND EXECUTION...............................................................34
00 52 13 - CONTRACT............................................................................................................39
00 61 13 - BOND FORMS........................................................................................................43
00 72 13 - GENERAL CONDITIONS........................................................................................52
ARTICLE 1.
DEFINED TERMS........................................................................................52
ARTICLE 2.
CONTRACT DOCUMENTS..........................................................................56
ARTICLE 3.
PRECONSTRUCTION AND CONSTRUCTION
COMMUNICATION..................................................................................................
57
ARTICLE 4.
CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................57
ARTICLE 5.
EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE
OFWORK...............................................................................................................57
ARTICLE 6.
MOBILIZATION............................................................................................58
ARTICLE 7.
EXISTENCE OF UTILITIES AT THE WORK SITE........................................59
ARTICLE 8.
SOILS INVESTIGATIONS............................................................................59
ARTICLE 9.
CONTRACTOR'S SUPERVISION................................................................60
ARTICLE 10.
WORKERS.................................................................................................60
ARTICLE 11.
INDEPENDENT CONTRACTORS..............................................................60
ARTICLE 12.
SUBCONTRACTS......................................................................................61
ARTICLE 13.
VERIFICATION OF EMPLOYMENT ELIGIBILITY......................................61
ARTICLE 14.
REQUESTS FOR SUBSTITUTION.............................................................61
ARTICLE 15.
SHOP DRAWINGS.....................................................................................63
ARTICLE 16.
SUBMITTALS.............................................................................................63
ARTICLE 17.
MATERIALS...............................................................................................63
ARTICLE 18.
PERMITS AND LICENSES.........................................................................64
ARTICLE19.
TRENCHES................................................................................................64
ARTICLE 20.
TRAFFIC CONTROL..................................................................................65
ARTICLE 21.
DIVERSION OF RECYCLABLE WASTE MATERIALS...............................66
ARTICLE 22.
REMOVAL OF HAZARDOUS MATERIALS................................................66
61147 02100\29379545.1 CIP 11101 _jj_ 00 11 16 -NOTICE INVITING BIDS
TABLE OF CONTENTS
(Continued)
Paae
ARTICLE 23.
SANITARY FACILITIES..............................................................................67
ARTICLE 24.
AIR POLLUTION CONTROL......................................................................67
ARTICLE 25.
LAYOUT AND FIELD ENGINEERING........................................................67
ARTICLE 26.
TESTS AND INSPECTIONS.......................................................................67
ARTICLE 27.
PROTECTION OF WORK AND PROPERTY..............................................68
ARTICLE 28.
CONTRACTOR'S MEANS AND METHODS...............................................68
ARTICLE 29.
AUTHORIZED REPRESENTATIVES.........................................................68
ARTICLE 30.
HOURS OF WORK.....................................................................................68
ARTICLE 31.
PAYROLL RECORDS................................................................................69
ARTICLE 32.
PREVAILING RATES OF WAGES.............................................................71
ARTICLE 33.
PUBLIC WORKS CONTRACTOR REGISTRATION...................................71
ARTICLE 34.
EMPLOYMENT OF APPRENTICES...........................................................72
ARTICLE 35.
NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...._.......72
ARTICLE 36.
DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ...............73
ARTICLE 37.
LABOR/EMPLOYMENT SAFETY................................................................73
ARTICLE 38.
INSURANCE................................................................................................73
ARTICLE 39.
FORM AND PROOF OF CARRIAGE OF INSURANCE...............................76
ARTICLE 40.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES .........................77
ARTICLE 41.
COST BREAKDOWN AND PERIODIC ESTIMATES...................................78
ARTICLE 42.
PROGRESS ESTIMATES AND PAYMENT...............................................78
ARTICLE 43.
SECURITIES FOR MONEY WITHHELD.......................................................80
ARTICLE 44.
CHANGES AND EXTRA WORK..................................................................80
ARTICLE 45.
FINAL ACCEPTANCE AND PAYMENT.......................................................92
ARTICLE46.
OCCUPANCY..............................................................................................93
ARTICLE 47.
INDEMNIFICATION.....................................................................................93
ARTICLE 48.
PROCEDURE FOR RESOLVING DISPUTES.............................................94
ARTICLE 49.
CITY'S RIGHT TO TERMINATE CONTRACT............................................95
ARTICLE 50.
WARRANTY AND GUARANTEE OF WORK..............................................98
ARTICLE 51.
DOCUMENT RETENTION & EXAMINATION...........................................100
ARTICLE 52.
SEPARATE CONTRACTS........................................................................101
ARTICLE 53.
NOTICE AND SERVICE THEREOF .........................................................101
ARTICLE 54.
NOTICE OF THIRD PARTY CLAIMS ........................................................101
ARTICLE 55.
STATE LICENSE BOARD NOTICE ..........................................................101
ARTICLE 56.
INTEGRATION.........................................................................................102
61147.02100\29379545.1 CIP 11101 -III- 00 11 16 - NOTICE INVITING BIDS
TABLE OF CONTENTS
(Continued)
Page
ARTICLE 57.
ASSIGNMENT OF CONTRACT................................................................102
ARTICLE 58.
CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL
ENTITY102
ARTICLE 59.
ASSIGNMENT OF ANTITRUST ACTIONS...............................................102
ARTICLE 60.
PROHIBITED INTERESTS.......................................................................102
ARTICLE 61.
CONTROLLING LAW...............................................................................103
ARTICLE 62.
JURISDICTION; VENUE...........................................................................103
ARTICLE 63.
LAWS AND REGULATIONS.....................................................................103
ARTICLE 64.
PATENTS.................................................................................................103
ARTICLE 65.
OWNERSHIP OF CONTRACT DOCUMENTS .........................................103
ARTICLE 66.
NOTICE OF TAXABLE POSSESSORY INTEREST .................................103
ARTICLE 67.
SURVIVAL OF OBLIGATIONS.................................................................103
00 73 13 — SPECIAL
CONDITIONS........................................................................................105
01 00 00 — GENERAL REQUIREMENTS................................................................................107
EXHIBIT „A" CHANGE
ORDER FORM.......................................................................................1
EXHIBIT "B" - SPECIAL PROVISIONS
EXHIBIT "C" - TECHNICAL PROVISIONS
EXHIBIT "D" - CITY STANDARD 600 "STREET NAME SIGN"
EXHIBIT "E" - EXCEL SPREADSHEET FILE "CIP 11101 SJC_StreetnameSigns 3MExcel"
(included as a separate electronic file).
61147.02100\29379545.1 CIP 11101 -iV- 00 11 16 - NOTICE INVITING BIDS
00 11 16 — NOTICE INVITING BIDS
NOTICE INVITING BIDS
CITY WIDE STREET NAME SIGN REPLACEMENT PROJECT
CIP 11101
NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Capistrano ("City")
invites and the City Clerk will receive sealed Bids up to but not later than 2:00 p.m. on Tuesday,
July 25, 2017 at the office of the City Clerk's Office at San Juan Capistrano City Hall, located at
32400 Paseo Adelanto, San Juan Capistrano, California, for the furnishing to City of all labor,
equipment, materials, tools, services, transportation, permits, utilities, and all other items
necessary for Citywide Street Name Sign Replacement Project CIP11101 (the "Project"). At
said time, Bids will be publicly opened and read aloud at the City Office. Bids received after
said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after
the Bid opening date.
Bids must be submitted on the City's Bid Forms. Bidders may obtain a copy of the Contract
Documents from http:/www.coastalblue.com, 33091 Calle Perfecto, Suite B, San Juan
Capistrano, CA — (949) 240-9911 at a cost of up to $50. To the extent required by section
20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City
shall provide an electronic copy of the Contract Documents at no charge to the contractor plan
room.
It is the responsibility of each prospective bidder to download and print all Bid Documents for
review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda
will be posted on http:/www.coastaIblue.com. It is the responsibility of each prospective bidder
to check http:/www.coastalblue.com on a daily basis through the close of bids for any applicable
addenda or updates. The City does not assume any liability or responsibility based on any
defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid
Documents. Information on http:/www.coastalblue.com may change without notice to
prospective bidders. The Contract Documents shall supersede any information posted or
transmitted by http:/www.coastalblue.com .
Each Bid shall be accompanied by cash, a certified or cashier's check, or Bid Bond secured
from a surety company satisfactory to the City Council, the amount of which shall not be less
than ten percent (10%) of the submitted Total Bid Price, made payable to City of San Juan
Capistrano as bid security. The bid security shall be provided as a guarantee that within five (5)
working days after the City provides the successful bidder the Notice of Award, the successful
Bidder will enter into a contract and provide the necessary bonds and certificates of insurance.
The bid security will be declared forfeited if the successful Bidder fails to comply within said
time. No interest will be paid on funds deposited with City.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and
Material Payment Bond each in an amount equal to one hundred percent (100%) of the
Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety
61147.02100\29379545.1 CIP 11101 -5- 00 11 16 - NOTICE INVITING BIDS
company that meets all State of California bonding requirements, as defined in California Code
of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful
Bidder may substitute certain securities for funds withheld by City to ensure its performance
under the contract.
Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages
and the prevailing wage rate for holiday and overtime work applicable in Orange County from
the Director of the Department of Industrial Relations for each craft, classification, or type of
worker needed to execute this contract. A copy of these prevailing wage rates may be obtained
via the internet at: www.dir.ca._gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the City's Public
Works Department and shall be made available to interested parties upon request. The
successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be
mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to
comply with all Labor Code provisions, which include but are not limited to the payment of not
less than the said specified prevailing wage rates to all workers employed by them in the
execution of the Contract, employment of apprentices, hours of labor and debarment of
contractors and subcontractorsPursuant to Labor Code sections 1725.5 and 1771.1, all
contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a
contract to perform public work must be registered with the Department of Industrial Relations.
No Bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department of Industrial Relations to perform public
work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active
registration with the Department of Industrial Relations for the duration of the Project.
This Project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. In bidding on this Project, it shall be the Bidder's sole responsibility to
evaluate and include the cost of complying with all labor compliance requirements under this
contract and applicable law in its Bid.
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed
contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the
following classification(s) throughout the time it submits its Bid and for the duration of the
contract: Class `A' or Class C-32,Parking and Highway Improvement.
Substitution requests shall be made within 35 calendar days after the award of the contract.
Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that
certain additional materials, methods or services by specific brand or trade name other than
those listed in the Standard Specifications be used for the Project. Such findings, if any, as well
as the materials, methods or services and their specific brand or trade names that must be used
for the Project may be found in the Special Conditions.
City shall award the contract for the Project to the lowest responsive, responsible Bidder as
determined by the City from the Base Bid alone. City reserves the right to reject any or all bids
or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact George Alvarez, City Engineer/Traffic Engineer, at
GAlvarez@sanjuancapistrano.org or 949-443-6351.
61147 02100\29379545.1 CIP 11101 -6- 00 11 16 - NOTICE INVITING BIDS
END OF NOTICE INVITING BIDS
61147.02100\29379545.1 CIP 11101 -7- 00 11 16 - NOTICE INVITING BIDS
00 21 13 — INSTRUCTIONS TO BIDDERS
ARTICLE 1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the
Project. Bid and Contract Documents may be obtained from http:/www.coastalblue.com in the
Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine
the availability of Contract Documents. Any charge for the Contract Documents is stated in the
Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan
rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to
review the Contract Documents at a plan room must contact the City to obtain the required
Contract Documents if they decide to submit a bid for the Project.
Any Addenda will be posted on http:/www.coastalblue.com Failure to acknowledge addenda
may make a bid nonresponsive and not eligible for award of the contract.
ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed
work and fully acquaint itself with the conditions relating to the construction and labor required
so that the Bidder may fully understand the work, including but not limited to difficulties and
restrictions attending the execution of the work under the contract. Each Bidder shall carefully
examine the Drawings, and shall read the Specifications, Contract, and all other documents
referenced herein. Each Bidder shall also determine the local conditions which may in any way
affect the performance of the work, including local tax structure, contractors' licensing
requirements, availability of required insurance, the prevailing wages and other relevant cost
factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations
and codes affecting the performance of the work, including the cost of permits and licenses
r,bquired for the work, and shall make such surveys and investigations, including investigations
of subsurface or latent physical conditions at the site or where work is to be performed as may
be required. Bidders are responsible for consulting the standards referenced in the Contract.
The failure or omission of any Bidder to receive or examine any contract documents, forms,
instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions
there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to
the contract and no relief for error or omission will be given except as required under State law.
The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.
ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications
or other proposed contract documents may submit to the Engineer of the City a written request
for interpretation. The prospective Bidder submitting the request is responsible for prompt
delivery. Interpretation of the Drawings, Specifications or other proposed contract documents
will be made only by a written addendum duly issued and a copy of such addenda will be mailed
or delivered to each prospective Bidder who has purchased a set of Drawings and
Specifications. The City will not be responsible for any other explanation or interpretations of
the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions
in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly
bring it to the attention of the City.
61147.02100\29379545.1 CIP 11101 -8- 00 21 13 - INSTRUCTIONS TO BIDDERS
ARTICLE 4. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date.
Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be
included in the Bid and made part of the Contract Documents. Pursuant to Public Contract
Code Section 4104.5, if the City issues an Addendum which includes material changes to the
Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the
deadline for submission of Bids. The City may determine, in its sole discretion, whether an
Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall
provide City a name, address, email address, and facsimile number to which Addenda may be
sent, as well as a telephone number by which the City can contact the Bidder. Copies of
Addenda will be furnished by email, facsimile, first class mail, express mail or other proper
means of delivery without charge to all parties who have obtained a copy of the Contract
Documents and provided such current information. Please Note: Bidders are responsible for
ensuring that they have received any and all Addenda. To this end, each Bidder should contact
the Public Works Department to verify that it has received all Addenda issued, if any, prior to the
Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space
provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting
the Bid.
ARTICLE 5. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract
Documents. The use of substitute Bid Forms other than clear and correct photocopies of those
provided by the City will not be permitted. Bids shall be executed by an authorized signatory as
described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces
(including inserting "N/A" where applicable), and initial all interlineations, alterations, or erasures
to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the
Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE
PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the
Bid being deemENd non-responsive.
ARTICLE 6. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract
Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions
or provisions attached to a Bid may render it non-responsive and may cause its rejection.
Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make
substitutions thereon. Oral, telephonic and electronic modifications will not be considered.
ARTICLE 7. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number
of each subcontractor who will perform work, labor, furnish materials or render services to the
bidder on said contract and each subcontractor licensed by the State of California who, under
subcontract to bidder, specially fabricates and installs a portion of the Work described in the
Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the
total bid price, and shall indicate the portion of the work to be done by such subcontractor in
accordance with Public Contract Code Section 4104.
61147 02100\29379545.1 CIP 11101 -9- 00 21 13 - INSTRUCTIONS TO BIDDERS
ARTICLE 8. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section
3300, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted.
Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid
submitted by a contractor not currently licensed in accordance with state law and pursuant to
the requirements found in the Contract Documents to be nonresponsive, and the City shall
reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10)
calendar days, evidence satisfactory to the City of all valid license(s) currently held by that
Bidder and each of the Bidder's subcontractors, before awarding the Contract.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor
shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of
Public Contract Code section 20103.5 in the following classification (s) throughout the time it
submits its Bid and for the duration of the contract: Class `A' or Class C-32, Parking and
Highway Improvement.
ARTICLE 9. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier's check made payable to
City of San Juan Capistrano; or (c) a Bid Bond secured from a surety company satisfactory to
the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid
Price, made payable to City of San Juan Capistrano as bid security. Personal sureties and
unregistered surety companies are unacceptable. The surety insurer shall be California
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid
security shall be provided as a guarantee that within ten (10) working days after the City
provides the successful bidder the Notice of Award, the successful bidder will enter into a
contract and provide the necessary bonds and certificates of insurance. The bid security will be
declared forfeited if the successful bidder fails to comply within said time, and City may enter
into a contract with the next lowest responsive responsible bidder, or may call for new bids. No
interest shall be paid on funds deposited with the City. City will return the security
accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of
the contract.
/s A1114d 44i1111 :7114411 ll, W-T41*9613'��
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person
that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the
City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the
time the bid is submitted or the contract is renewed, that the person is not identified on a list
created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging
in investment activities in Iran described in subdivision (a) of Public Contract Code Section
2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as
applicable.
The form of such Iran Contracting Certificate is included with the bid package and must be
signed and dated under penalty of perjury.
61147.02100\29379545.1 CIP 11101 _10_ 00 21 13 - INSTRUCTIONS TO BIDDERS
ARTICLE 11. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with
their bid. This form is included with the bid package and must be signed and dated under
penalty of perjury.
ARTICLE 12. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that
wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. No bid will be accepted nor any contract
entered into without proof of the contractor's and subcontractors' current registration with the
Department of Industrial Relations to perform public work. If awarded a contract, the bidder and
its subcontractors, of any tier, shall maintain active registration with the Department of Industrial
Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid
the Public Works Contractor Registration Certification on the form provided, attesting to the
facts contained therein. Failure to submit this form may render the bid non-responsive. In
addition, each Bidder shall provide the registration number for each listed subcontractor in the
space provided in the Designation of Subcontractors form.
ARTICLE 13. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the
questionnaire along with its Bid. Failure to provide all information requested within the
questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City
reserves the right to reject any Bid if an investigation of the information submitted does not
satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.
ARTICLE 14. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the
payment of compensation to its employees. Contractor shall sign and file with the City the
following certificate prior to performing the work under this Contract:
I am aware of the provisions of Section 3700 of the Labor Code, which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.
The form of such Workers' Compensation Certificate is included as part of this document.
ARTICLE 15. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders
may be asked to provide evidence in the form of an authenticated resolution of its Board of
Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind
the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of
Attorney executed by each joint venturer or partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only
61147.02100\29379545.1 CIP 11101 _11- 00 21 13 - INSTRUCTIONS TO BIDDERS
that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1)
authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating
to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for
any and all of the duties and obligations of Bidder assumed under the Bid and under any
Contract arising therefrom. The Bid shall be executed by the designated joint venturer or
partner on behalf of the joint venture or partnership in its legal name.
ARTICLE 16. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein,
they shall be placed, along with the Bid Guarantee and other required materials, in a sealed
envelope, addressed and delivered or mailed, postage prepaid, to the Office of the City Clerk
before the time and day set for the receipt of bids. The envelope shall bear the title of the work
and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted
via the internet, e-mail, facsimile, or any other electronic means will be considered unless
specifically authorized by the City as provided herein. Bids received after the time and day set
for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain
the following in the lower left-hand corner thereof:
Bid of (Bidder's Name)
for the Citywide Street Name Sign Replacement Project CIP 11101
Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via
electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any
acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City
may reject any bid not strictly complying with City's designated methods for delivery.
ARTICLE 17. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and
every bid received prior to the time and day set for the receipt of bids will bg publicly opened
and read. The City will leave unopened any Bid received after the specified date and time, and
any such unopened Bid will be returned to the bidder. It is the bidder's sole responsibility to
ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and
time(s) indicated.
The public reading of each bid will include the following information:
A. The name and business location of the bidder.
B. The nature and amount of the bid security furnished by bidder.
C. The bid amount.
Bidders or their representatives and other interested persons may be present at the opening of
the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted
Bids. The City reserves the right to reject any or all Bids and to waive any informality or
irregularity in any Bid.
61147.02100\29379545.1 CIP 11101 _12_ 00 21 13 - INSTRUCTIONS TO BIDDERS
ARTICLE 18. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any
time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be
worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted
until the time and day set for the receipt of bids, provided that resubmitted bids are in
conformance with the instructions herein.
Bids may be withdrawn after bid opening only by providing written notice to City within five (5)
working days of the bid opening and in compliance with Public Contract Code Section 5100 et
seq., or as otherwise may be allowed with the consent of the City.
ARTICLE 19. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work
unless alternate bids are specifically called for. A person, firm or corporation that has submitted
a sub -proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby
disqualified from submitting a sub -proposal or quoting prices to other bidders. No person, firm,
corporation, or other entity may submit a sub -proposal to a Bidder, or quote prices of materials
to a Bidder, when also submitting a prime Bid on the same Project.
ARTICLE 20. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the
Work completed. The City will retain a percentage of each progress payment as provided by
the Contract Documents. At the request and expense of the successful Bidder, the City will
substitute securities for the amount so retained in accordance with Public Contract Code
Section 22300.
ARTICLE 21. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general
prevailing rate of per diem wages in the locality in which this work is to be performed for each
craft or type of worker needed to execute the Contract. These rates are available at the Public
Works Department of the City or may be obtained online at http://www.dir.ca.gov. Bidders are
advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
ARTICLE 22. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not
perform work on a public works project with a subcontractor who is ineligible to perform work on
a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public
works project entered into between a contractor and a debarred subcontractor is void as a
matter of law. A debarred subcontractor may not receive any public money for performing work
as a subcontractor on a public works contract. Any public money that is paid to a debarred
subcontractor by the Contractor for the Project shall be returned to the City. The Contractor
shall be responsible for the payment of wages to workers of a debarred subcontractor who has
been allowed to work on the Project.
61147.02100\29379545.1 CIP 11101 _13_ 00 21 13 - INSTRUCTIONS TO BIDDERS
ARTICLE 23. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set
forth in the General Conditions.
ARTICLE 24. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a
Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the
contract price. Each bond shall be secured from a surety company that meets all State of
California bonding requirements, as defined in California Code of Civil Procedure Section
995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the
request of City, with all documents required by California Code of Civil Procedure Section
995.660 to the extent required by law. All bonding and insurance requirements shall be
completed and submitted to City within ten (10) working days from the date the City provides the
successful bidder with the Notice of Award.
ARTICLE 25. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay
California sales tax and other applicable taxes, and to pay for permits, licenses and fees
required by the agencies with authority in the jurisdiction in which the Work will be located,
unless otherwise expressly provided by the Contract Documents.
ARTICLE 26. PERMIT AND INSPECTION FEE ALLOWANCE
Notwithstanding anything contained herein, the Bid Form contains an allowance for the
Contractor's cost of acquiring traffic control permits and for construction inspection fees that
may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included
within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic
control permits and construction inspection fees prior to submitting a bid. The allowance is
specifically intended to account for the costs of traffic control permits and construction
inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by
Contractor to the Agency of Jurisdiction are included within the allowance.
ARTICLE 27. FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City Engineer. In order for a Bidder's protest to be
considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date;
B. Clearly identify the specific irregularity or accusation;
C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; and
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, the City may reject the protest
61147.02100\29379545.1 CIP 11101 _14_ 00 21 13 - INSTRUCTIONS TO BIDDERS
without further review
If the protest is timely and complies with the above requirements, the City Engineer, or other
designated City staff member, shall review the protest, any response from the challenged
Bidder(s), and all other relevant information. The City Engineer will provide a written decision to
the protestor.
The procedure and time limits set forth in this Article are mandatory and are the sole and
exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall
constitute a failure to exhaust administrative remedies and a waiver of any right to further
pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
ARTICLE 28. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.
The lowest Bid will be determined on the basis of the Total Bid Price. The City may reject any
Bid which, in its opinion when compared to other Bids received or to the City's internal
estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-
responsive any Bid which unevenly weights or allocates costs, including but not limited to
overhead and profit to one or more particular bid items.
ARTICLE 29. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible
Bidder, the City Council may award the contract. The apparent successful Bidder should begin
to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3)
the required insurance certificates and endorsements. Once the City notifies the Bidder of the
award, the Bidder will have ten (10) working days from the date of this notification to execute the
Contract and supply the City with all of the required documents and certifications. Regardless
of whether the Bidder supplies the required documents and certifications in a timely manner, the
Contract time will begin to run twenty (20) working days from the date of the notification. Once
the City receives all of the properly drafted and executed documents and certifications from the
Bidder, the City shall issue a Notice to Proceed to that Bidder.
ARTICLE 30. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the
amount determined by the Contract Documents. The City may require appropriate evidence
that the persons executing the Contract are duly empowered to do so. The Contract and bond
forms to be executed by the successful Bidder are included within these Specifications and shall
not be detached.
ARTICLE 31. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to George Alvarez, P.E., City
Engineer, at 949-443-6351 or email at GAlvarez@sanjuancapistrano.org. No other members of
the City's staff or City Council should be contacted about this procurement during the bidding
process. Any and all inquiries and comments regarding this Bid must be communicated in
writing,, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify
any Bidder who engages in any prohibited communications.
61147.02100\29379545.1 CIP 11101 -15- 00 21 13 - INSTRUCTIONS TO BIDDERS
61147.02100\29379545.1 CIP 11101 00 21 13 - INSTRUCTIONS TO BIDDERS
00 41 43 — BID FORMS
1.1 Bid.
Bids will be received at the City of San Juan Capistrano City Clerks Office, 32400 Paseo Adelanto, San Juan
Capistrano, California, until 2:00 p.m. on Tuesday, July 25, 2017.
NAME OF BIDDER:
To the Honorable City Council
of the City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have
read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the
following Project:
CITYWIDE STREET NAME SIGN REPLACEMENT PROJECT CIP 11101
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to
discharge all duties and obligations necessary and required to perform and complete the Project, as described
and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the
Contract Documents:
Addenda No.
1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
2. Attached is the completed Designation of Subcontractors form.
3. Attached is the fully executed Noncollusion Declaration form.
4. Attached is the completed Iran Contracting Act Certification form.
5. Attached is the completed Public Works Contractor Registration Certification form.
6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.
7. Attached is the completed Bidder Information and Experience form.
61147.02100\29379545.1 CIP 11101 _17_ 00 4143 - BID FORMS
BID SCHEDULE CIP 11101
61147.02100\29379545.1 CIP 11101 -18- 00 41 43 - BID FORMS
Approx
Work Items With Unit Price
Unit Price
Total
ITEM
Quantity
(Written in Words)
tIn Figures
Amount
Mobilization for the lump sum price of:
1
1 LS
dollars (in words)
Provide all Labor, Equipment and
Material Necessary to Remove all the
Existing Street Name Signs and
Mounting Hardware on Residential
Streets Citywide and Replace with New
(Contractor Supplied) Six (6) Inch Wide
2
756
EACH
Street Name Signs (lengths vary) and
New Mounting Hardware for the Unit
Price of:
dollars.(in words)
Each
Provide all Labor, Equipment and
Material Necessary to Remove all the
Existing Street Name Signs and
Mounting Hardware on Major Streets
Citywide and Replace with New
(Contractor Supplied) Nine (9) Inch Wide
3
250
EACH
Street Name Signs (lengths vary) and
New Mounting Hardware for the Unit
Price of:
dollars (in words)
Each
Provide all Labor, Equipment and
Material Necessary to Remove all the
Existing Traffic Signal Mast Arm
Overhead Street Name Signs and
Mounting Hardware at Intersections
Citywide and Replace with New
4
72
EACH
(Contractor Supplied) Eighteen (18) Inch
Wide x Ninety-six (96) inch Long
Overhead Street Name Signs and New
Mounting Hardware for the Unit Price of:
dollars (in words)
Each
61147.02100\29379545.1 CIP 11101 -18- 00 41 43 - BID FORMS
61147.02100\29379545.1 CI 11101 _19_ 00 41 43 - BID FORMS
Approx
Work Items With Unit Price
Unit Price
Total
ITEM
uantit
(Written in Words)
(In Finures)
Amount
Remove and Replace Existing 12'
Galvanized Steel Post, 3 inch (nominal)
diameter for the Unit Price of:
6
15 EACH
dollars (In words).
TOTAL
61147.02100\29379545.1 CI 11101 _19_ 00 41 43 - BID FORMS
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line
item are to be included in the related line items and no additional compensation shall be due to Contractor for
the performance of the Work.
In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price
shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder.
However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is
omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item
Cost' column for the item shall prevail and shall be divided by the estimated quantity for the item and the price
thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any
apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no
representation that the actual quantities of work performed will not vary from the estimates. Final payment shall
be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
TOTAL BID PRICE:
TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES
FOR CITYWIDE STREET NAME SIGN REPLACEMENT PROJECT CIP 11101
Total Bid Price in Numbers
Total Bid Price in Written Form
I In case of discrepancy between the written price and the numerical price, the written price
shall prevail.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for
the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a
Contract for the Work is fully executed by the City and a third parry, whichever is earlier.
The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of
insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award.
Upon receipt of the signed contract and other required documents, the contract will be executed by the City,
after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be
the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work
within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.
The undersigned has examined the location of the proposed work and is familiar with the Drawings and
Specifications and the local conditions at the place where work is to be done.
61147.02100\29379545.1 CIP 11101 _20_ 00 41 43 - BID FORMS
If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all
subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than
the prevailing wage rate within Orange County for each craft, classification, or type of worker needed to
complete the Work contemplated by this contract as established by the Director of the Department of Industrial
Relations. A copy of the prevailing rate of per diem wages are on file at the City's Administration Office and
shall be made available to interested parties upon request.
Enclosed find cash, bidder's bond, or cashier's or certified check No. from the
Bank in the amount of , which is not less than ten percent (10%) of this
bid, payable to City of San Juan Capistrano as bid security and which is given as a guarantee that the
undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded
the Work.
The bidder furthermore agrees that in case of bidder's default in executing said contract and furnishing
required bonds and certificates of insurance, the cash, bidder's bond, or cashier's or certified check
accompanying this proposal and the money payable thereon shall become and shall remain the property of the
City of San Juan Capistrano.
Bidder is an individual or corporation or partnership , organized under the laws of the
State of
Bidder confirms license(s) required by California State Contractor's License Law for the performance of the
subject project are in full effect and proper order. The following are the Bidder's applicable license number(s),
with their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing
information.
Sureties that will furnish the Faithful Performance Bond and thq Labor and Material Payment Bond, in the form
specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10)
working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet
all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section
995.120 and must be authorized by the State of California.
The insurance company or companies to provide the insurance required in the contract documents must have
a Financial Strength Rating of not less than "A-" and a Financial Size Category of not less than "Class VII"
according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the
Financial Strength Rating and the Financial Size Category classifications for Workers' Compensation
insurance.
(signatures continued on next page)
61147.02100\29379545.1 CIP 11101 _21- 00 41 43 - BID FORMS
I hereby certify under penalty of perjury under the laws of the State of California that all of the information
submitted in connection with this Bid and all of the representations made herein are true and correct.
Executed at , on this day of
(Bidders Name — Print or Type)
(Corporate Seal)
(Name and Title)
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are
listed below:
Name Title
Complete Address
Phone FAX
Name
Complete Address
Phone
Title
ly_K:1
Name Title
Complete Address
Phone F
Name
Complete Add
Phone
61147.02100\29379545.1 C I P 11101
Title
y_K:1
-22-
00 41 43 - BID FORMS
1.2 Bid Bond
[Note: Not required when other form of Bidder's Security, e.g. cash, certified check or
cashier's check, accompanies bid.]
The makers of this bond are, , as
Principal, and as Surety
and are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the City,
in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal
submitted to CITY for the work described below, for the payment of which sum in lawful money
of the United States, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted
the accompanying bid dated 20 , for Citywide Street Name Sign
Replacement Project CIP 17101.
If the Principal does not withdraw its Bid within the time specified in the Contract Documents;
and if the Principal is awarded the Contract and provides all documents to the City as required
by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will
remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents shall in affect its obligation under
this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the
Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable
attorneys' fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above -bound parties have executed this instrument u9der their
several seals this day of , 20 , the name and corporate seal of
each corporation.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Contractor/ Principal
By
Title
Surety
By
Attorney -in -Fact
Title;
61147.02100\29379545.1 CIP 11101 -23- 00 41 43 - BID FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On
20_, before me,
Notary Public, personally
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s)
Title or Type of Document
Partner(s) E Limited
E General
Number of Pages
C Attorney -In -Fact
E Trustee(s)
E Guardian/Conservator
Date of Document
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
— — Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147-02100\29379545.1 CIP 11101 _24_ 00 41 43 — BID FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
E Corporate Officer
E Partner(s)
Title(s)
E Limited
F General
Attorney -In -Fact
E Trustee(s)
E Guardian/Conservator
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to
local representatives of the bonding company must also be attached.
END OF BID BOND
61147.02100\29379545.1 CIP 11101 _25_ 00 41 43 — BID FORMS
1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4
(commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of
California and any amendments thereof, Bidder shall set forth below: (a) the name and the
location of the place of business, (b) the California contractor license number, (c) the DIR public
works contractor registration number, and (d) the portion of the work which will be done by each
subcontractor who will perform work or labor or render service to the Bidder in or about the
construction of the work or improvement to be performed under this Contract in an amount in
excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price. Notwithstanding the
foregoing, if the work involves the construction of streets and highways, then the Bidder shall list
each subcontractor who will perform work or labor or render service to the Bidder in or about the
work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or
$10,000, whichever is greater. No additional time shall be granted to provide the below
requested information.
If a Bidder fails to specify a subcontractor or if a contractor specifies more than one
subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed
that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.
DIR
Registration
Number
% of
Work
I
61147.02100\29379545.1 CIP 11101 -26- 00 41 43 - BID FORMS
Work to done by
Subcontractor
II
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.
DIR
Registration % of
Number Work
I
I
i
I
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
61147.02100\29379545.1 CIP 11101 _27_ 00 4143 - BID FORMS
1.4 Bidder information and Experience Form
ARTICLE 1. INFORMATION ABOUT BIDDER
(Indicate not applicable ("N/A") where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided
for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Facsimile Number Telephone Number
Email Address
4.0 How many years has Bidder's organization been in business as a Contractor?
5.0 How many years has Bidder's organization been in business under its present
name?
5.1 Under what other or former names has Bidder's organization
operated?
6.0 If Bidder's organization is a corporation, answer the following:
6.1 Date of Incorporation:
6.2 State of Incorporation:
6.3 President's Name:
6.4 Vice -President's Name(s):
6.5 Secretary's Name:
6.6 Treasurer's Name:
61147.02100\29379545.1 -28- 00 41 43 - BID FORMS
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization:
7.2 Name and address of all partners (state whether general or limited
partnership):
8.0 If other than a corporation or partnership, describe organization and name
principals:
9.0 List other states in which Bidder's organization is legally qualified to do business.
10.0 What type of work does the Bidder normally perform with its own forces?
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when,
where, and why:
12.0 Within the last five years, has any officer or partner of Bidder's organization ever
been an officer or partner of another organization when it failed to complete a
contract? If so, attach a separate sheet of explanation:
13.0 List Trade References:
61147.02100\29379545.1 _29_ 00 41 43 - BID FORMS
14.0 List Bank References (Bank and Branch Address):
15.0 Name of Bonding Company and Name and Address of Agent:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
61147.02100\29379545 1 _30_ 00 41 43 - BID FORMS
ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]
61147.02100\29379545.1 -31- 00 4143 - BID FORMS
ARTICLE 3. LIST OF COMPLETED PROJECTS — LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder's ability to
perform the required Work.
Project Description of Completion Date Cost of Bidder's Work
Bidder's Work
61147.02100\29379545.1 -32- 00 41 43 - BID FORMS
ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel.-
The
ersonnel.The Bidder shall identify the key personnel to be assigned to this project in a management,
construction supervision or engineering capacity.
1. List each person's job title, name and percent of time to be allocated to this project:
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all
relevant Work, unless substituted by personnel of equivalent experience and qualifications
approved in advance by the City.
Changes Occuring Since Prequalihcation
If any substantive changes have occurred since Bidder submitted its prequalification package
for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no
substantive changes have occurred.
61147.02100\29379545.1 -33- 00 41 43 - BID FORMS
Additional Bidder's Statements:
If the Bidder feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add that
information in a statement here or on an attached sheet, appropriately marked:
ARTICLE 5. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing
information is true and correct:
Name of Bidder.
Signature
Name
Title
Date
61147.02100\29379545.1 _34_ 00 41 43 - BID FORMS
1.5 Non -Collusion Declaration
The undersigned declares:
I am the
foregoing Bid.
of
the party making the
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The Bid is genuine and not collusive or
sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a
false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or
agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The
Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any
overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements
contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid
Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will
not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on
behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on [date], at
[city], [state].
Name of Bidder
Signature
Name
Title
61147.02100\29379545.1 -35- 00 41 43 - BID FORMS
1.6 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to
penalty for perjury that the option checked below relating to the Contractor's status in regard to
the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
❑ The Contractor is not:
(1) identified on the current list of person and entities engaged in investment
activities in Iran prepared by the California Department of General Services in
accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) a financial instruction that extends, for 45 days or more, credit in the amount of
$20,000,000 or more to any other person or entity identified on the current list of
persons and entities engaging in investment activities in Iran prepared by the
California Department of General Services in accordance with subdivision (b) of
Public Contract Code Section 2203, if that person or entity uses or will use the
credit to provide goods or services in the energy sector in Iran.
❑ The City has exempted the Contractor from the requirements of the Iran Contracting
Act of 2010 after making a public finding that, absent the exemption, the City will be
unable to obtain the goods and/or services to be provided pursuant to the Contract.
❑ The amount of the Contract payable to the Contractor for the Project does not
exceed $1,000,000.
Signature.-
Printed
ignature:Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall
be reported to the California Attorney General and may result in civil penalties equal to the
greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility
to bid on contracts for three years.
CIP 11101 _36_ 00 41 43 - BID FORMS
61147.02100\29379545.1
1.7 Public Works Contractor Registration Certification
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that
wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. See http://www.dir.ca.-gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department of Industrial Relations to perform public
work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations.
Name of Bidder:
DIR Registration Number:
DIR Registration Expiration:
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1
in its contract with subcontractors and ensure that all subcontractors are
registered at the time of bid opening and maintain registration status for the
duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
result in a finding that the bid is non-responsive.
Name of Bidder.
Signature
Name and Title
Dated
CIP 11101 -37- 00 41 43 - BID FORMS
61147.02100\29379545.1
1.8 Contractor's Certificate Regarding Workers' Compensation.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated
CIP 11101 -38- 00 41 43 - BID FORMS
61147.02100\29379545.1
00 52 13 — CONTRACT
This CONTRACT, is made and entered into this day of by
and between City of San Juan Capistrano, sometimes hereinafter called "City," and SIEMENS
Industry, Inc., sometimes hereinafter called "Contractor."
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in
the Contract, and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5, below, for the following Project:
CITYWIDE STREET NAME SIGN REPLACEMENT PROJECT CIP 11101
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor's failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The
Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor
shall complete all Work required by the Contract Documents within 180 calendar days from the
commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor
agrees the time for completion set forth above is adequate and reasonable to complete the
Work.
C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of One Hundred Ninety Five
Thousand, Eight Hundred Ninety Eight Dollars and No Cents ($ 195,898.00). Payment shall be
made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is
agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11
for each and every calendar day of delay beyond the time prescribed in the Contract Documents
for finishing the Work, as Liquidated Damages and not as a penalty or.forfeiture. In the event
this is not paid, the Contractor agrees the City may deduct that amount from any money due or
that may become due the Contractor under the Contract. This Article does not exclude recovery
of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non -Collusion Declaration Form
Iran Contracting Act Certification
61147.02100\29379545.1 -39- 00 52 13 - CONTRACT
Non -Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition,
Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and
every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the California Labor Code and California Public Contract Code which are
applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth
in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages
in accordance with the Labor Code which such rates shall be made available at the City's
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
61147.02100\29379545.1 -40- 00 52 13 - CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,
on the day and year above written.
Name of Contractor
By
Name and Title:
License No.
Date:
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
Approved as to form this
/ P�1'
day of
CITY OF SAN JUAN CAPISTRANO
By
City Manager
Date:
END OF CONTRACT
61147.02100129379545.1 -41- 00 6213 - CONTRACT
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me,
appeared
Notary Public, personally
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
E Corporate Officer
Title(s)
Title or Type of Document
E Partner(s) Limited
General
Number of Pages
E Attorney -In -Fact
E Trustee(s)
E Guardian/Conservator
Date of Document
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
61147.02100\29379545 1 -42_ 00 52 13 — CONTRACT
00 61 13 — BOND FORMS
1.1 Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as "City") has
awarded to , (hereinafter referred to as the "Contractor") an
agreement for Contract No. (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees including reasonable
attorney's fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations
under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure
Section 337.15.
61147.02100\29379545.1 _43_ 00 61 13 - BOND FORMS
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
Take over and complete the Project in accordance with all terms and conditions
in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the
total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
61147.02100\29379545.1 -44- 00 61 13 - BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
,20
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Contractor/ Principal
By
Title
Surety
By
Attorney -in -Fact
The rate of premium on this bond is per thousand. The total amount of premium
charges is $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
61147.02100\29379545.1 -45- 00 61 13 - BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On _ , 20, before me,
appeared
Notary Public, personally
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
E Corporate Officer
Title(s) Title or Type of Document
E Partner(s) Limited
General
E Attorney -In -Fact
E Trustee(s)
E Guardian/Conservator Date of Document
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
n
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147.02100\29379545.1 _46_ 00 61 13 — BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
20_, before me,
appeared
Notary Public, personally
, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
I Individual
C: Corporate Officer
fitle(s) Title or Type of Document
I- Partner(s) E Limited
L General Number of Pages
C Attorney -In -Fact
i Trustee(s)
E Guardian/Conservator Date of Document
L Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
61147.02100\29379545.1 _47_ 00 61 13 — BOND FORMS
1.2 Pavment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action
taken or a resolution passed , 20 , has awarded to
hereinafter designated as the "Principal," a contract for the work
described as follows: Contract No. (the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety, are held
and firmly bound unto the City in the penal sum of Dollars ($
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for
any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
bE) deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or
Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so
as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission or attempted rescission of the contract, agreement or bond,
nor by any conditions precedent or subsequent in the bond attempting to limit the right of
recovery of claimants otherwise entitled to recover under any such contract or agreement or
61147 02100\29379545.1 _48_ 00 61 13 - BOND FORMS
under the bond, nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond and that this bond be construed most strongly against the Surety and in
favor of all persons for whose benefit such bond is given, and under no circumstances shall
Surety be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner or City and original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Civil Code Section 9100, and has not been paid the full
amount of his claim and that Surety does hereby waive notice of any such change, extension of
time, addition, alteration or modification herein mentioned, including but not limited to the
provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
.20 _
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
61147.02100\29379545.1 -49- 00 61 13 - BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20, before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
CAPACITY CLAIMED BY SIGNER
Individual I
Corporate Officer
Title(s)
E Partner(s) Limited
General
L Attorney -In -Fact
C Trustee(s)
E Guardian/Conservator
C Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Tille or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147.02100\29379545.1 -50- 00 61 13 — BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who si ned the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On 20_, before me, ��. Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
E Corporate Officer
Title(s) Title or Type of Document
C
Partner(s) Limited
General Number of Pages
Attorney -In -Fact
G Trustee(s)
G Guardian/Conservator Date of Document
E Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to
local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
61147.02100\29379545.1 -51- 00 61 13 — BOND FORMS
00 72 13 — GENERAL CONDITIONS
ARTICLE 1. DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed
below will have the meanings indicated which are applicable to both the singular and plural
thereof. In addition to terms specifically defined below, terms with initial capital letters in the
Contract Documents include references to identified articles and paragraphs, and the titles of
other documents or forms.
A. Act of God — An earthquake of magnitude of 3.5 or higher on the Richter scale or a
tidal wave.
B. Addenda -- Written or graphic instruments issued prior to the submission of Bids
which clarify, correct, or change the Contract Documents.
C. Additional Work -- New or unforeseen work will be classified as "Additional Work"
when the City's Representative determines that it is not covered by the Contract.
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits,
and licenses of any kind, issued by local, state or federal governmental authorities or
private authorities with jurisdiction (including utilities), to the extent they apply to the
Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth
the prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the City.
G. Change Order ("CO") -- A document that authorizes an addition, deletion, or revision
in the Work or an adjustment in the Contract Price or the Contract Times, issued on
or after the Effective Date of the Contract, in accordance with the Contract
Documents and in the form contained in the Contract Documents.
H. Change Order Request ('"COR") -- A request made by the Contractor for an
adjustment in the Contract Price and/or Contract Times as the result of a Contractor -
claimed change to the Work. This term may also be referred to as a Change Order
Proposal ("COP"), or Request for Change ("RFC").
I. Uity -- The City of San Juan Capistrano.
J. City Council, Council -- The City Council of the City.
K. City's Re resentative -- The individual or entity as identified in the Special Conditions
to act as the City's Representative.
L. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms of
the Contract. A demand for money or services by a third party is not a Claim.
61147.02100\29379545.1 -52- 00 72 13 - GENERAL CONDITIONS
M. Contract -- The entire integrated written agreement between the City and Contractor
concerning the Work. "Contract" may be used interchangeably with "Agreement" in
the Contract Documents. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral, and includes all Contract
Documents.
N. Contract Documents --
documents provided by
limited to reports and
Contract Documents.
The documents listed in Section 00 52 13, Article 5. Some
the City to the Bidders and Contractor, including but not
drawings of subsurface and physical conditions are not
O. Contract Price -- Amount to be paid by the City to the Contractor as full
compensation for the performance of the Contract and completion of the Work,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs.
P. Contract Times -- The number of days or the dates stated in the Contract Documents
to: achieve defined Milestones, if any; and to complete the Work so that it is ready for
final payment.
Q. Contractor -- The individual or entity with which the City has contracted for
performance of the Work.
R. Contractor's Designated On -Site Representative -- The Contractor's Designated On -
Site Representative will be as identified in Section 00 72 13, Article 3 and shall not
be changed without prior written consent of the City.
S. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full
compensation to the Contractor due to the City's unreasonable delay to the Project
that was not contemplated by the parties.
T. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
U. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not
conform to the Contract Documents; or that does not meet the requirements of any
inspection, reference standard, test, or approval referenced in the Contract
Documents.
V. Demobilization -- The complete dismantling and removal by the Contractor of all of
the Contractor's temporary facilities, equipment, and personnel at the Site.
W. Drawings -- That part of the Contract Documents prepared by of the Engineer of
Record which graphically shows the scope, extent, and character of the Work to be
performed by Contractor. Shop Drawings and other Contractor submittals are not
Drawings as so defined.
X. Effective Date of the Contract -- The date indicated in the Contract on which it
becomes effective, but if no such date is indicated, it means the date on which the
Contract is signed and delivered by the last of the two parties to sign and deliver.
61147.02100\29379545.1 -53- 00 72 13 - GENERAL CONDITIONS
Y. Engineer, whenever not qualified, shall mean the City Engineer of the City, acting
either directly or through properly authorized agents, such agents acting severally
within the scope of the particular duties entrusted to them. On all questions
concerning the acceptance of materials, machinery, the classifications of material,
the execution of work, conflicting interest of the contractors performing related work
and the determination of costs, the decision of the Engineer, duly authorized by the
City Council, shall be binding and final upon both parties.
Z. Engineer of 'Record -- The individual, partnership, corporation, joint venture, or other
legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity
designated by the City.
AA.Green Book -- The current edition of the Standard Specifications for Public Works
Construction promulgated by the Joint Cooperative Committee of the Southern
California Chapter American Public Works Association and the Southern California
Districts of the Associated General Contractors of California.
BB.Hazardous Waste -- The term "Hazardous Waste" shall have the meaning provided
in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from
time to time or, as defined in Section 25117 of the Health and Safety Code, that is
required to be removed to a class I, class II, or class III disposal site in accordance
with provisions of existing law, whichever is more restrictive.
CC. Holiday — The Holidays occur on;
New Year's Day - January 1
President's Day — Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran's Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve — December 24
Christmas Day - December 25
Day After Christmas — December 26
New Year's Eve — December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding
Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the
following Monday are both Holidays.
DD. Notice of Award -- The written notice by the City to the Successful Bidder stating
that upon timely compliance by the Successful Bidder with the conditions precedent
listed therein, the City will sign and deliver the Contract.
EE.Notice of Completion -
by the county where
Project.
- The form which may be executed by the City and recorded
the Project is located constituting final acceptance of the
61147.02100\29379545.1 -54- 00 72 13 - GENERAL CONDITIONS
FF. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on
which the Contractor may proceed with the Work and when Contract Times will
commence to run.
GG. Proiect -- The total construction of which the Work to be performed under the
Contract Documents may be the whole, or a part.
HH. Recyclable Waste Materials -- Materials removed from the Site which are
required to be diverted to a recycling center rather than an area landfill. Recyclable
Waste Materials include asphalt, concrete, brick, concrete block, and rock.
II. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements to facilitate scheduled performance of
related construction activities.
JJ. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work.
KK.Specifications -- That part of the Contract Documents consisting of written
requirements for materials, equipment, systems, standards and workmanship as
applied to the Work, and certain administrative requirements and procedural matters
applicable thereto.
LL. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
MM. Subcontractor -- An individual or entity other than a Contractor having a contract
with any other entity than the City for performance of any portion of the Work at the
Site.
NN. Submittal -- Written and graphic information and physical samples prepared and
supplied by the Contractor demonstrating various portions of the Work.
00. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City
makes an award.
PP.Su lies -- A manufacturer, fabricator, supplier, distributor, material man, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish
materials or equipment used in the performance of the Work or to be incorporated in
the Work.
QQ. Unde[ground Facilities -- All underground pipelines, conduits, ducts, cables,
wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.
RR. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by
the Contractor in its bid or as adjusted in accordance with the Contract Documents.
61147.02100\29379545.1 -55- 00 72 13 - GENERAL CONDITIONS
SS.Warranty -- A written guarantee provided to the City by the Contractor that the Work
will remain free of defects and suitable for its intended use for the period required by
the Contract Documents or the longest period permitted by the law of this State,
whichever is longer.
TT. Work -- The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the
result of performing or providing all labor, services, and documentation necessary to
produce such construction, and furnishing, installing, and incorporating all materials
and equipment into such construction, all as required by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is
called for by one shall be as binding as if called for by all.
B. Interpretations. The Contract Documents are intended to be fully cooperative and
complementary. If the Contractor observes that any documents are in conflict, the
Contractor shall promptly notify the Engineer in writing. In case of conflicts between
the Contract Documents, the order of precedence shall be as follows:
1. Change Orders
2. Addenda
3. Special Conditions
4. Technical Specifications
5. Plans (Contract Drawings)
6. Contract
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor's Bid Forms
11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded)
12. Applicable Local Agency Standards and Specifications
13. Standard Drawings
14. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
C. Conflicts in Contract Documents. Notwithstanding the orders of precedence
established above, in the event of conflicts, the higher standard, higher quality, and
most expensive shall always apply.
D. Organization of Contract Documents. Organization of the Contract Documents
into divisions, sections, and articles, and arrangement of drawings shall not control
61147.02100\29379545 1 -56- 00 72 13 - GENERAL CONDITIONS
the Contractor in dividing Project Work among subcontractors or in establishing the
extent of Work to be performed by any trade.
ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION
Before any Work at the site is started, a conference attended by the City, Contractor, City's
Representative, and others as appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules referred to herein, procedures
for handling Shop Drawings and other submittals, processing Applications for Payment, and
maintaining required records.
At this conference the City and Contractor each shall designate, in writing, a specific individual
to act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents.
Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals,
at the Project site.
ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK
A. Examination of Contract Documents. Before commencing any portion of the
Work, Contractor shall again carefully examine all applicable Contract Documents,
the Project site, and other information given to Contractor as to materials and
methods of construction and other Project requirements. Contractor shall
immediately notify the Engineer of any potential error, inconsistency, ambiguity,
conflict, or lack of detail or explanation. If Contractor performs, permits, or causes
the performance of any Work which is in error, inconsistent or ambiguous, or not
sufficiently detailed or explained, Contractor shall bear any and all resulting costs,
including, without limitation, the cost of correction. In no case shall the Contractor or
any subcontractor proceed with Work if uncertain as to the applicable requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict, or lack of detail or explanation, the Engineer will provide any required
additional instructions, by means of drawings or other written direction, necessary for
proper execution of Work.
C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the
best quality of their respective kinds and the Contractor must use all diligence to
inform itself fully as to the required construction and finish.
D. Contractor's Variation from Contract Document Requirements. If it is found that
the Contractor has varied from the requirements of the Contract Documents
including the requirement to comply with all applicable laws, ordinances, rules and
regulations, the Engineer may at any time, before or after completion of the Work,
61147.02100\29379545.1 _57_ 00 72 13 - GENERAL CONDITIONS
order the improper Work removed, remade or replaced by the Contractor at the
Contractor's expense.
ARTICLE 6. MOBILIZATION
A. When a bid item is included in the Bid Form for mobilization, the costs of Work in
advance of construction operations and not directly attributable to any specific bid
item will be included in the progress estimate ("Initial Mobilization"). When no bid
item is provided for "Initial Mobilization," payment for such costs will be deemed to be
included in the other items of the Work.
B. Payment for Initial Mobilization based on the lump sum provided in the Bid Form,
which shall constitute full compensation for all such Work. No payment for Initial
Mobilization will be made until all of the listed items have been completed to the
satisfaction of the Engineer. The scope of the Work included under Initial
Mobilization shall include, but shall not be limited to, the following principal items:
1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project site of all Contractor's plant and equipment required for
the first month's operations.
3. Installing temporary construction power, wiring, and lighting facilities, as
applicable.
4. Establishing fire protection system, as applicable.
5. Developing and installing a construction water supply, if applicable.
6. Providing and maintaining the field office trailers for the Contractor, if necessary,
and the Engineer (if specified), complete, with all specified furnishings and utility
services.
7. Providing on-site sanitary facilities and potable water facilities as specified per
Cal -OSHA and these Contract Documents.
8. Furnishing, installing, and maintaining all storage buildings or sheds required for
temporary storage of products, equipment, or materials that have not yet been
installed in the Work. All such storage shall meet manufacturer's specified
storage requirements, and the specific provisions of the specifications, including
temperature and humidity control, if recommended by the manufacturer, and for
all security.
9. Arranging for and erection of Contractor's work and storage yard.
10. Posting all OSHA required notices and establishment of safety programs per Cal -
OSHA.
11. Full-time presence of Contractor's superintendent at the job site as required
herein.
61147.02100\29379545.1 -58- 00 72 13 - GENERAL CONDITIONS
12. Submittal of Construction Schedule as required by the Contract Documents.
ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site
from the records of the owners of known utilities in the vicinity of the Project. The
positions of these utilities as derived from such records are shown on the Plans.
B. Unless indicated otherwise on the Plans and Specifications, no excavations were
made to verify the locations shown for underground utilities. The service connections
to these utilities are not shown on the Plans. Water service connections may be
shown on the Plans showing general locations of such connections. It shall be the
responsibility of the Contractor to determine the exact location of all service
connections. The Contractor shall make its own investigations, including exploratory
excavations, to determine the locations and type of service connections, prior to
commencing Work which could result in damage to such utilities. The Contractor
shall immediately notify the City in writing of any utility discovered in a different
position than shown on the Plans or which is not shown on the Plans.
C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults,
telephone vaults, gas utility valves, and other subsurface structures shall be
relocated or adjusted to final grade by the Contractor. Locations of existing utilities
shown on the Plans are approximate and may not be complete. The Contractor shall
be responsible for coordinating its Work with all utility companies during the
construction of the Work.
D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the
City has the responsibility to identify, with reasonable accuracy, main or trunkline
facilities on the plans and specifications. In the event that main or trunkline utility
facilities are not identified with reasonable accuracy in the plans and specifications
,,made a part of the invitation for Bids, the City shall assume the responsibility for their
timely removal, relocation, or protection.
E. Contractor, except in an emergency, shall contact the appropriate regional
notification center, Southern California Underground Service Alert at 811 or 1-
800-227-2600 or on-line at www.digalert.org at least two working days prior to
commencing any excavation if the excavation will be performed in an area which is
known, or reasonably should be known, to contain subsurface installations other than
the underground facilities owned or operated by the City, and obtain an inquiry
identification number from that notification center. No excavation shall be
commenced or carried out by the Contractor unless such an inquiry identification
number has been assigned to the Contractor or any subcontractor of the Contractor
and the City has been given the identification number by the Contractor.
ARTICLE 8. SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:
1. those reports known to the City of explorations and tests of subsurface conditions
at or contiguous to the site; and
61147.02100\29379545.1 -59- 00 72 13 - GENERAL CONDITIONS
2. those drawings known to the City of physical conditions relating to existing
surface or subsurface structures at the site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely
upon the accuracy of the "technical data" contained in such reports and drawings,
which were expressly not created or obtained to evaluate or assist in the evaluation
of constructability, and are not Contract Documents. Contractor shall make its own
interpretation of the "technical data" and shall be solely responsible for any such
interpretations. Except for reliance on the accuracy of such "technical data,"
Contractor may not rely upon or make any claim against the City, City's
Representative, or Engineer of Record, or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors, with respect to:
the completeness of such reports and drawings for Contractor's purposes,
including without limitation any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor, and
safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, conclusions and information contained in
such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or
any such other data, interpretations, opinions, or information.
ARTICLE 9. CONTRACTOR'S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time
Project superintendent acceptable to the City. Superintendent must be able to proficiently
speak, read and write in English and shall have the authority to make decisions on behalf of the
Contractor. Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 10. WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its
employees. Contractor shall not employ on the Project any unfit person or any one
not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent or
unfit shall be dismissed from the Work and shall not be employed on this Project.
ARTICLE 11. INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor
understands and agrees that it and all of its employees shall not be considered officers,
employees, or agents of City and are not entitled to benefits of any kind normally provided
employees of City, including but not limited to, state unemployment compensation or workers'
compensation. Contractor assumes full responsibility for the acts and omissions of its
employees or agents related to the Work.
61147.02100\29379545.1 -60- 00 72 13 - GENERAL CONDITIONS
ARTICLE 12. SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract
Documents as far as such terms are applicable to subcontractor's portion of the
Work. Contractor shall be as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by its
subcontractors, as Contractor is for acts and omissions of persons directly employed
by Contractor. Nothing contained in these Contract Documents shall create any
contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City's acceptance of
any subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must
comply with the requirements of the Subletting and Subcontracting Fair Practices Act
pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and
restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be
amended from time to time, and shall require all subcontractors, sub -subcontractors and
consultants to comply with the same. Each person executing this Contract on behalf of
Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the
following shall be grounds for the City to terminate the Contract for cause: (1) failure of the
Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the
requirements provided for in this Article; (2) any misrepresentation or material omission
concerning compliance with such requirements; or (3) failure to immediately remove from the
Work any person found not to be in compliance with such requirements.
ARTICLE 14. REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term "substitution" shall mean the substitution
of any material, method or service substantially equal to or better in every respect to
that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that
is described in the Notice Inviting Bids that designates certain products, things, or
services by specific brand or trade name.
C. Unless specifically designated in the Special Conditions, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or
by name of manufacturer, such specifications shall be deemed to be used for the
purpose of facilitating the description of the material, process, or article desired and
shall be deemed to be followed by the words "or equal." Contractor may, unless
otherwise stated, offer for substitution any material, process, or article which may be
substantially equal to or better in every respect to that so indicated or specified in the
Contract Documents. However, the City has adopted uniform standards for certain
materials, processes, and articles.
61147.02100\29379545 1 -61- 00 72 13 - GENERAL CONDITIONS
D. The Contractor shall submit substitution requests, together with substantiating data,
for substitution of any "or equal" material, process, or article no later than thirty-five
(35) calendar days after award of Contract. Provisions regarding submission of
substitution requests shall not in any way authorize an extension of time for the
performance of this Contract. If a substitution request is rejected by the City, the
Contractor shall provide the material, method or service specified herein. The City
shall not be responsible for any costs incurred by the Contractor associated with
substitution requests. The burden of proof as to the equality of any material,
process, or article shall rest with the Contractor. The Engineer has the complete and
sole discretion to determine if a material, process, or article is substantially equal to
or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following
information:
1. A signed affidavit from the Contractor stating that the material, process, or article
proposed as a substitution is substantially equal to or better than that specified in
every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data
required to prove that the material, process, or article is substantially equal to or
better than that specified.
3. A statement of the cost implications of the substitution being requested,
indicating whether and why the proposed substitution will reduce or increase the
amount of the contract.
4. Information detailing the durability and lifecycle costs of the proposed
substitution.
F. Failure to submit all the required substantiating data detailed above in a timely
manner so that the substitution request can be adequately reviewed may result in
rejection of the substitution request. The Engineer is not obligated to review multiple
submittals related the same substitution request resulting from the Contractor's
failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will
an extension of time for completion of the contract be granted because of
Contractor's failure to provide substitution requests at the time and in the manner
described herein.
H. The Contractor shall bear the costs of all City work associated with the review of
substitution requests.
If substitution requests approved by the Engineer require that Contractor furnish
materials, methods or services more expensive than that specified, the increased
costs shall be borne by Contractor.
61147 02100\29379545.1 -62- 00 72 13 - GENERAL CONDITIONS
ARTICLE 15. SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such
promptness as to provide adequate time for review and cause no delay in its own
Work or in that of any other contractor, subcontractor, or worker on the Project, six
(6) copies of all shop drawings, calculations, schedules, and materials list, and all
other provisions required by the Contract Documents. Contractor shall sign all
submittals affirming that submittals have been reviewed and approved by Contractor
prior to submission to Engineer. Each signed submittal shall affirm that the submittal
meets all the requirements of the Contract Documents except as specifically and
clearly noted and listed on the transmittal letter of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the
Engineer six (6) corrected copies each, and furnish such other copies as may be
needed for completion of the Work. Engineer's acceptance of shop drawings shall
not relieve Contractor from responsibility for deviations from the Contract Documents
unless Contractor has, in writing, called Engineer's attention to such deviations at
time of submission and has secured the Engineer's written acceptance. Engineer's
acceptance of shop drawings shall not relieve Contractor from responsibility for
errors in shop drawings.
ARTICLE 16. SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or
commencing any Work, a log of all samples, material lists and certifications, mix
designs, schedules, and other submittals, as required in the Contract Documents.
The log shall indicate whether samples will be provided in accordance with other
provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and
supporting data required by the Engineer, to the Engineer within a reasonable time
period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this
Contract. Engineer will check and approve such samples, but only for conformance
with design concept of work and for compliance with information given in the
Contract Documents. Work shall be in accordance with approved samples and
submittals.
ARTICLE 17. MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, lights, power,
transportation, superintendence, temporary constructions of every nature, and all
other services and facilities of every nature whatsoever necessary to execute and
complete this Contract within specified time.
B. Unless otherwise specified, all materials shall be new and the best of their respective
kinds and grades as noted and/or specified, and workmanship shall be of good
quality.
61147.02100129379545 1 -63- 00 72 13 - GENERAL CONDITIONS
C. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of the Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for
damage or loss by weather or other causes to materials or Work.
D. No materials, supplies, or equipment for Work under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest therein or in any part thereof is retained by the seller
or supplier. Contractor warrants good title to all material, supplies, and equipment
installed or incorporated in the Work and agrees upon completion of all work to
deliver the Project, to the City free from any claims, liens, or charges.
E. Materials shall be stored on the Project site in such manner so as not to interfere
with any operations of the City or any independent contractor.
F. Contractor shall verify all measurements, dimensions, elevations, and quantities
before ordering any materials or performing any Work, and the City shall not be liable
for Contractor's failure to so. No additional compensation, over and above payment
for the actual quantities at the prices set out in the Bid Form, will be allowed because
of differences between actual measurements, dimension, elevations and quantities
and those indicated on the Plans and in the Specifications. Any difference therein
shall be submitted to the Engineer for consideration before proceeding with the
Work.
ARTICLE 18. PERMITS AND LICENSES
A. City will apply and pay for the review of necessary encroachment permits for Work
within the public rights-of-way. Contractor shall obtain all other necessary permits
and licenses for the construction of the Project, including encroachment permits, and
shall pay all fees required by law and shall comply with all laws, ordinances, rules
and regulations relating to the Work and to the preservation of public health and
safety. Before acceptance of the Project, the Contractor shall submit all licenses,
permits, certificates of inspection and required approvals to the City.
B. The Bid Form contains an allowance for the Contractor's cost of acquiring traffic
control permits and for construction inspection fees that may be charged to the
Contractor by the Agency of Jurisdiction. The allowance is included within the Bid
Form to eliminate the need by bidders to research or estimate the costs of traffic
control permits and construction inspection fees prior to submitting a bid. The
allowance is specifically intended to account for the costs of traffic control permits
and construction inspection fees charged by the local Agency of Jurisdiction only.
No other costs payable by Contractor to the Agency of Jurisdiction are included
within the allowance. Payment by City to Contractor under the Permit and Inspection
Allowance Bid Item shall be made based on actual cost receipts only and in
accordance with the provisions of these specifications.
ARTICLE 19. TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at
the preconstruction meeting, a detailed plan showing the design of shoring, bracing,
sloping or other provisions to be made for worker protection from hazards of caving
61147.02100\29379545 1 -64- 00 72 13 - GENERAL CONDITIONS
ground during the excavation of any trench or trenches five feet or more in depth. If
such plan varies from shoring system standards established by the Construction
Safety Orders of the California Code of Regulations, Department of Industrial
Relations, the plan shall be prepared by a California registered civil or structural
engineer. The plan shall not be less effective than the shoring, bracing, sloping, or
other provisions of the Construction Safety Orders, as defined in the California Code
of Regulations. The Contractor shall designate in writing the "competent person" as
defined in Title 8, California Code of Regulations, who shall be present at the Work
Site each day that trenching/excavation is in progress. The "competent person" shall
prepare and provide daily trenching/excavation inspection reports to the Engineer.
Contractor shall also submit a copy of its annual California Occupational Safety and
Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or
other excavations that extend deeper than four feet below the surface, Contractor
shall promptly, and before the excavation is further disturbed, notify the City in writing
of any of the following conditions:
1. Material that the Contractor believes may be material that is hazardous waste, as
defined in section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract
The City shall promptly investigate the conditions, and if it finds that the conditions do
so materially differ, or do involve hazardous waste, and cause a decrease or
increase in Contractor's cost of, or the time required for, performance of any part of
the Work, shall issue a change order under the procedures described in the Contract
Documents.
In the event that a dispute arises between the City and the Contractor as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part of
the Work, the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all Work to be performed under
the Contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the parties.
ARTICLE 20. TRAFFIC CONTROL
A. Traffic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction.
Traffic control plans, if required, shall be prepared at Contractor's expense, and
traffic control shall be performed at Contractor's expense in accordance with the
requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance
included within the Bid Form includes the cost of required traffic control permit(s) and
construction inspection by the Agency(s) of Jurisdiction only. The Permit and
61147.02100\29379545.1 _65_ 00 72 13 - GENERAL CONDITIONS
Inspection Allowance does not include costs for preparation of any required traffic
control plans, implementation of any traffic control requirements or for any traffic
signal services that may be required. Costs for traffic control plans, implementation
of traffic control, or traffic signal services required by the Agency(s) of Jurisdiction
shall be included in the Contractor's Bid.
B. All warning signs and safety devices used by the Contractor to perform the Work
shall conform to the requirements contained in the State of California, Department of
Transportation's current edition of "Manual of Traffic Controls for Construction and
Maintenance Work Zones" or to the requirements of the local agency. The Contractor
shall also be responsible for all traffic control required by the agency having
jurisdiction over the project on the intersecting streets. Contractor must submit a
traffic control plan to the agency having jurisdiction over the project for approval prior
to starting work.
C. The Contractor's representative on the site responsible for traffic control shall
produce evidence that he/she has completed training acceptable to the California
Department of Transportation for safety through construction zones. All of the streets
in which the Work will occur shall remain open to traffic and one lane of traffic
maintained at all times unless otherwise directed by the agency of jurisdiction.
Businesses and residences adjacent to the Work shall be notified forty-eight (48)
hours in advance of closing of driveways. The Contractor shall make every effort to
minimize the amount of public parking temporarily eliminated due to construction in
areas fronting businesses. No stockpiles of pipe or other material will be allowed in
traveled right-of-ways after working hours unless otherwise approved by the
Engineer.
ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City's waste reduction and recycling efforts, Contractor shall
divert all Recyclable Waste Materials to appropriate recycling centers as required for
compliance with the local jurisdiction's waste diversion ordinances. Contractor will be required
to submit weight tickets and written proof of diversion with its monthly progress payment
requests. Contractor shall complete and execute any certification forms required by City or
other applicable agencies to document Contractor's compliance with these diversion
requirements. All costs incurred for these waste diversion efforts shall be the responsibility of
the Contractor.
ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB)
or other toxic wastes and hazardous materials which have not been rendered harmless at the
Project site, the Contractor shall immediately stop work at the affected Project site and shall
report the condition to the City in writing. The City shall contract for any services required to
directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required
by the Project site(s), and shall not require the Contractor to subcontract for such services. The
Work in the affected area shall not thereafter be resumed except by written agreement of the
City and Contractor.
61147.02100\29379545.1 -66- 00 72 13 - GENERAL CONDITIONS
ARTICLE 23. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the
use of all workers. All toilets and hand washing facilities shall comply with local codes and
ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door
fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and
shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA
regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at
all times. Use of toilet and hand washing facilities in the Work under construction shall not be
permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the
Contractor.
ARTICLE 24. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes,
including, but not limited to, those required by the South Coast Air Quality Management District.
All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to
indicate that the contents fully comply with the applicable material requirements.
ARTICLE 25. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork
operations shall be furnished by the Contractor at its expense.
ARTICLE 26. TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or
public authority requires any part of the Work to be tested or Approved, Contractor
shall provide the Engineer at least two (2) working days' notice of its readiness for
observation or inspection. If inspection is by a public authority other than the City,
Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor. Costs
for City testing and City inspection shall be paid by the City. Costs of tests for Work
found not to be in compliance shall be paid by the Contractor.
B. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone after
completion of the testing at the Contractor's cost in compliance with the Contract
Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or
agency, materials or samples of materials to be inspected or tested shall be selected
by such laboratory or agency, or by the City, and not by Contractor. All tests or
inspections of materials shall be made in accordance with the commonly recognized
standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be
tested or inspected, Contractor shall notify the City so that the City may arrange for
testing at the source of supply. Any materials which have not satisfactorily passed
such testing and inspection shall not be incorporated into the Work.
61147.02100\29379545.1 _67_ 00 72 13 - GENERAL CONDITIONS
E. If the manufacture of materials to be inspected or tested will occur in a plant or
location greater than sixty (60) miles from the City, the Contractor shall pay for any
excessive or unusual costs associated with such testing or inspection, including but
not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance with
the Contract Documents, the City shall pay the costs of reexamination and
reconstruction. If such work is found not to be in accordance with the Contract
Documents, Contractor shall pay all costs.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that
occurs as a result of the Work. Contractor shall be responsible for the proper care
and protection of all materials delivered and Work performed until completion and
final Acceptance by the City. All Work shall be solely at the Contractor's risk.
Contractor shall adequately protect adjacent property from settlement or loss of
lateral support as necessary. Contractor shall comply with all applicable safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent to
the Project site where Work is being performed. Contractor shall erect and properly
maintain at all times, as required by field conditions and progress of work, all
necessary safeguards, signs, barriers, lights, and watchmen for protection of workers
and the public, and shall post danger signs warning against hazards created in the
course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property,
Contractor, without special instruction or authorization from the Engineer, is hereby
permitted to act to prevent such threatened loss or injury; and Contractor shall so
act, without appeal, if so authorized or instructed by the Engineer or the City. Any
compensation claimed by Contractor on account of emergency work shall be
determined by and agreed upon by the City and the Contractor.
ARTICLE 28. CONTRACTOR'S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no
case shall the Contractor's means and methods deviate from commonly used industry
standards.
ARTICLE 29. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project
site at all times. The City may designate an inspector who shall have the right to observe all of
the Contractor's Work. The inspector shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents. Contractor shall provide safe
and proper facilities for such access.
ARTICLE 30. HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2
of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute
61147.02100\29379545.1 _68_ 00 72 13 - GENERAL CONDITIONS
a legal day's work. The time of service of any worker employed at any time by the
Contractor or by any subcontractor on any subcontract under this Contract upon the
Work or upon any part of the Work contemplated by this Contract is limited and
restricted to eight (8) hours during any one calendar day and 40 hours during any
one calendar week, except as hereinafter provided. Notwithstanding the provisions
herein above set forth, work performed by employees of Contractor in excess of
eight (8) hours per day, and 40 hours during any one week, shall be permitted upon
this public work upon compensation for all hours worked in excess of eight (8) hours
per day at not less than one and one-half times the basic rate of pay.
B. The Contractor and every subcontractor shall keep an accurate record showing the
name of and actual hours worked each calendar day and each calendar week by
each worker employed in connection with the Work or any part of the Work
contemplated by this Contract. The record shall be kept open at all reasonable
hours to the inspection of the City and to the Division of Labor Law Enforcement,
Department of Industrial Relations of the State of California.
C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each
worker employed in the execution of this Contract by the Contractor or by any
subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and 40 hours in any
one calendar week in violation of the provisions of Article 3 (commencing at section
1810), Chapter 1, Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays
and Sundays or other holidays, shall be performed without additional expense to the
City.
E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m.
Monday through Friday. Inspection before or after this time will be charged to the
Contractor as reimbursable inspection time. Inspections on weekends requires two
days' notice for review and approval. Upon written request and approval the 8.5 hour
working day may be changed to other limits subject to city/county ordinance.
F. It shall be unlawful for any person to operate, permit, use, or cause to operate any of
the following at the Project site, other than between the hours of 7:00 a.m. to 5:00
p.m., Monday through Friday, with no Work allowed on the City -observed holidays,
unless otherwise approved by the City:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
ARTICLE 31. PAYROLL RECORDS
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall
maintain weekly certified payroll records, showing the names, addresses, Social
61147.02100\29379545.1 _69- 00 72 13 - GENERAL CONDITIONS
Security numbers, work classifications, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by them in connection with the
Work under this Contract. Contractor shall certify under penalty of perjury that
records maintained and submitted by Contractor are true and accurate. Contractor
shall also require subcontractor(s) to certify weekly payroll records under penalty of
perjury.
B. In accordance with Labor Code section 1771.4, the Contractor and each
subcontractor shall furnish the certified payroll records directly to the Department of
Industrial Relations ("DIR") on the specified interval and format prescribed by the
DIR, which may include electronic submission. Contractor shall comply with all
requirements and regulations from the DIR relating to labor compliance monitoring
and enforcement.
C. The payroll records described herein shall be certified and submitted by the
Contractor at a time designated by the City. The Contractor shall also provide the
following:
1. A certified copy of the employee's payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
2. A certified copy of all payroll records described herein shall be made available for
inspection or furnished upon request of the DIR.
D. Unless submitted electronically, the certified payroll records shall be on forms
provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or
shall contain the same information as the forms provided by the DLSE.
E. Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency, the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the Contractor
awarded the Contract or performing the contract shall not be marked or obliterated.
F. In the event of noncompliance with the requirements of this Article, the Contractor
shall have ten (10) calendar days in which to comply subsequent to receipt of written
notice specifying in what respects the Contractor must comply with this Article.
Should noncompliance still be evident after such 10 -day period, the Contractor shall
pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, such penalties shall be withheld from progress payment
then due.
G. The responsibility for compliance with this Article shall rest upon the Contractor.
61147.02100\29379545.1 -70_ 00 72 13 - GENERAL CONDITIONS
ARTICLE 32. PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et
seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates
and the performance of other requirements on certain "public works" and
"maintenance" projects. Since this Project involves an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of
per diem wages at the commencement of this Contract from the website of the
Division of Labor Statistics and Research of the Department of Industrial Relations
located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the
prevailing rate of per diem wages which are on file at the City's Administration Office
and shall be made available to interested parties upon request. Contractor shall
make copies of the prevailing rates of per diem wages for each craft, classification,
or type of worker needed to perform work on the Project available to interested
parties upon request, and shall post copies at the Contractor's principal place of
business and at the Project site. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees and authorized volunteers free and harmless
from any claims, liabilities, costs, penalties or interest arising out of any failure or
allege failure to comply with the Prevailing Wage Laws.
B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred
Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate as
determined by the Director of the Department of Industrial Relations for such work or
craft in which such worker is employed for any public work done under the Contract
by it or by any subcontractor under it. The difference between such prevailing wage
rate and the amount paid to each worker for each calendar day or portion thereof, for
which each worker was;paid less than the prevailing wage rate, shall be paid to each
worker by the Contractor.
C. Contractor shall post, at appropriate conspicuous points on the Project site, a
schedule showing all determined general prevailing wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors
must be registered with the Department of Industrial Relations prior to the execution of a
contract to perform public works. By entering into this Contract, Contractor represents that it is
aware of the registration requirement and is currently registered with the DIR. Contractor shall
maintain a current registration for the duration of the Project. Contractor shall further include the
requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all
subcontractors are registered at the time this Contract is entered into and maintain registration
for the duration of the Project.
61147.02100\29379545.1 -71- 00 72 13 - GENERAL CONDITIONS
ARTICLE 34. EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code
sections 1777.5 and 1777.6 in the employment of apprentices.
B. Information relative to apprenticeship 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.
C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed
one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to
Labor Code section 1777.7.
D. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and
its subcontractors shall not discriminate against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, sexual orientation, or any other
classifications protected by law on this Project. The Contractor will take affirmative action to
insure that employees are treated during employment or training without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or any other classifications protected by
law.
Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully
complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, bpt not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time. Such requirements and restrictions
include, but are not limited to, examination and retention of documentation confirming the
identity and immigration status of each employee of the Contractor. Contractor also verifies that
it has not committed a violation of any such law within the five (5) years immediately preceding
the date of execution of this Contract, and shall not violate any such law at any time during the
term of the Contract. Contractor shall avoid any violation of any such law during the term of this
Contract by participating in an electronic verification of work authorization program operated by
the United States Department of Homeland Security, by participating in an equivalent federal
work authorization program operated by the United States Department of Homeland Security to
verify information of newly hired employees, or by some other legally acceptable method.
Contractor shall maintain records of each such verification, and shall make them available to the
City or its representatives for inspection and copy at any time during normal business hours.
The City shall not be responsible for any costs or expenses related to Contractor's compliance
with the requirements provided for or referred to herein.
Employment Eligibility, Subcontractors, Sub -subcontractors and Consultants. To the same
extent and under the same conditions as Contractor, Contractor shall require all of its
subcontractors, sub -subcontractors and consultants performing any part of the Work or of this
Contract to make the same verifications and comply with all requirements and restrictions
provided for herein.
61147.02100\29379545.1 -72- 00 72 13 - GENERAL CONDITIONS
Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of
Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that
any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure
of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the
requirements provided for herein; (2) any misrepresentation or material omission concerning
compliance with such requirements; or (3) failure to immediately remove from the Work any
person found not to be in compliance with such requirements.
ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
Contractors or subcontractors may not perform work on a public works project with a
subcontractor who is ineligible to perform work on a public project pursuant to Labor Code
section 1777.1 or 1777.7. Any contract on a public works project entered into between a
contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor
may not receive any public money for performing work as a subcontractor on a public works
contract. Any public money that is paid, or may have been paid to a debarred subcontractor by
a contractor on the project shall be returned to the City. The Contractor shall be responsible for
the payment of wages to workers of a debarred subcontractor who has been allowed to work on
the project.
ARTICLE 37. LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and
local government, including Cal/OSHA requirements and requirements for verification of
employees' legal right to work in the United States.
The Contractor shall maintain emergency first aid treatment for his employees which complies
with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and
California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial
Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical
services for its employees in accordance with California Code of Regulations, Title 8, Section
1512.
The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific
safety program to the City prior to beginning Work at the Project site. Contractor shall maintain
a confined space program that meets or exceeds the City Standards. Contractor shall adhere to
the City's lock out tag out program.
ARTICLE 38. INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract,
maintain all of the insurance described in this Article. Contractor shall not commence Work
under this Contract until it has provided evidence satisfactory to the City that it has secured all
insurance required hereunder. Contractor shall not allow any subcontractor to commence work
on any subcontract until it has provided evidence satisfactory to the City that the subcontractor
has secured all insurance required under this Article. Failure to provide and maintain all
required insurance shall be grounds for the City to terminate this Contract for cause. Contractor
shall furnish City with original certificates of insurance and endorsements effective coverage
required by this Contract on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to bind
61147.02100\29379545.1 -73- 00 72 13 - GENERAL CONDITIONS
coverage on its behalf, and shall be on forms acceptable to the City. All certificates and
endorsements must be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers,
employees, agents and authorized volunteers shall be named as Additional Insureds
on Contractor's All Risk policy and on Contractor's and its subcontractors' policies of
Commercial General Liability and Automobile Liability insurance using, for
Contractor's policy/ies of Commercial General Liability insurance, ISO CG forms 20
10 and 20 37 (or endorsements providing the exact same coverage, including
completed operations), and, for subcontractors' policies of Commercial General
Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same
coverage). Notwithstanding the minimum limits set forth in this Contract for any type
of insurance coverage, all available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
Additional Insureds hereunder. Contractor and its insurance carriers shall provide a
Waiver of Subrogation in favor of those parties.
B. Workers' Compensation Insurance. The Contractor shall provide workers'
compensation insurance for all of the employees engaged in Work under this
Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall
require the subcontractor similarly to provide workers' compensation insurance for all
the latter's employees as prescribed by State law. Any class of employee or
employees not covered by a subcontractor's insurance shall be covered by the
Contractor's insurance. In case any class of employees engaged in work under this
Contract, on or at the Site, is not protected under the Workers' Compensation
Statutes, the Contractor shall provide or shall cause a subcontractor to provide,
adequate insurance coverage for the protection of such employees not otherwise
protected. The Contractor is required to secure payment of compensation to his
employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance protecting workers.
Company or companies providing insurance coverage shall be acceptable to the
City, if in the form and coverage as set forth in the Contract Documents.
C. Employer's Liability Insurance. Contractor shall provide Employer's Liability
Insurance, including Occupational Disease, in the amount of at least one million
dollars ($1,000,000.00) per person per accident. Contractor shall provide City with
a certificate of Employer's Liability Insurance. Such insurance shall comply with the
provisions of the Contract Documents. The policy shall be endorsed, if applicable, to
provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver
of Subrogation in favor of the City.
D. Commercial General Liability Insurance. Contractor shall provide "occurrence"
form Commercial General Liability insurance coverage at least as broad as the most
current ISO CGL Form 00 01, including but not limited to, premises liability,
contractual liability, products/completed operations, personal and advertising injury
which may arise from or out of Contractor's operations, use, and management of the
Site, or the performance of its obligations hereunder. The policy shall not contain
any exclusion contrary to this Contract including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to
ISO CG 24 26 or 21 39); or (2) cross -liability for claims or suits against one insured
against another. Policy limits shall not be less than $5,000,000 per occurrence and
61147.02100\29379545.1 -74- 00 72 13 - GENERAL CONDITIONS
$6,000,000 annual aggregate for bodily injury, personal injury and property damage
If Commercial General Liability Insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit. Defense costs shall be paid in addition to the limits.
Such policy shall comply with all the requirements of this Article. The limits set
forth herein shall apply separately to each insured against whom claims are
made or suits are brought, except with respect to the limits of liability. Further the
limits set forth herein shall not be construed to relieve the Contractor from liability
in excess of such coverage, nor shall it limit Contractor's indemnification
obligations to the City, and shall not preclude the City from taking such other
actions available to the City under other provisions of the Contract Documents or
law.
2. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including
death, property damage, personal injury, owned and non -owned equipment,
blanket contractual liability, completed operations liability, explosion, collapse,
under -ground excavation, removal of lateral support, and other covered loss,
however occasioned, occurring during the policy term, and shall specifically
insure the performance by Contractor of that part of the indemnification contained
in these General Conditions relating to liability for injury to or death of persons
and damage to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 50% of any
aggregate limit has been paid or reserved, the City may require additional
coverage to be purchased by Contractor to restore the required limits. Contractor
may combine primary, umbrella, and as broad as possible excess liability
coverage to achieve the total limits indicated above. Any umbrella or excess
liability policy shall include the additional insured endorsement described in the
Contract Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby
waive any right of subrogation which any insurer of Contractor may acquire from
Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance. Contractor shall provide "occurrence" form
Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the
amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and
property damage. Such insurance shall provide coverage with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by Contractor or for which Contractor is responsible, in a
form and with insurance companies acceptable to the City. All policies of automobile
insurance shall permit and Contractor does hereby waive any right of subrogation
which any insurer of Contractor may acquire from Contractor by virtue of the
payment of any loss.
61147.02100\29379545 1 -75- 00 72 13 - GENERAL CONDITIONS
F. Contractor shall require all tiers of sub -contractors working under this Contract to
provide the insurance required under this Article unless otherwise agreed to in
writing by City. Contractor shall make certain that any and all subcontractors hired
by Contractor are insured in accordance with this Contract. If any subcontractor's
coverage does not comply with the foregoing provisions, Contractor shall indemnify
and hold the City harmless from any damage, loss, cost, or expense, including
attorneys' fees, incurred by the City as a result thereof.
ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract
Documents shall be admitted to and authorized to do business in the State of
California unless waived, in writing, by the City's Risk Manager. Carrier(s) shall have
an A.M. Best rating of not less than an A:VII. Insurance deductibles or self-insured
retentions must be declared by the Contractor. At the election of the City the
Contractor shall either 1) reduce or eliminate such deductibles or self-insured
retentions, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses. If umbrella
or excess liability coverage is used to meet any required limit(s) specified herein, the
Contractor shall provide a "follow form" endorsement satisfactory to the City
indicating that such coverage is subject to the same terms and conditions as the
underlying liability policy.
B. Each insurance policy required by this Contract shall be endorsed to state that: (1)
coverage shall not be suspended, voided, reduced or cancelled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City; and (2) any failure to comply with reporting or other provisions of
the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, officers, agents, employees, and volunteers.
C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to
contain the covenant of the insurance carrier(s) that it shall provide no less than thirty
(30) days written notice be given to the City prior to any material modification or
cancellation of such insurance. In the event of a material modification or cancellation
of coverage, the City may terminate the Contract or stop the Work in accordance
with the Contract Documents, unless the City receives, prior to such effective date,
another properly executed original Certificate of Insurance and original copies of
endorsements or certified original policies, including all endorsements and
attachments thereto evidencing coverage's set forth herein and the insurance
required herein is in full force and effect. Contractor shall not take possession, or
use the Site, or commence operations under this Contract until the City has been
furnished original Certificate(s) of Insurance and certified original copies of
endorsements or policies of insurance including all endorsements and any and all
other attachments as required in this Article. The original endorsements for each
policy and the Certificate of Insurance shall be signed by an individual authorized by
the insurance carrier to do so on its behalf.
D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and
shall be construed as primary, and the City's insurance and/or deductibles and/or
self-insured retentions or self-insured programs shall not be construed as
contributory.
61147.02100\29379545.1 -76- 00 72 13 - GENERAL CONDITIONS
E. City reserves the right to adjust the monetary limits of insurance coverages during
the term of this Contract including any extension thereof if, in the City's reasonable
judgment, the amount or type of insurance carried by the Contractor becomes
inadequate.
F. Contractor shall report to the City, in addition to the Contractor's insurer, any and all
insurance claims submitted by the Contractor in connection with the Work under this
Contract.
ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the
completion of the Work. Work shall be commenced within ten (10) Days of the date
stated in the City's Notice to Proceed and shall be completed by Contractor in the
time specified in the Contract Documents. The City is under no obligation to
consider early completion of the Project; and the Contract completion date shall not
be amended by the City's receipt or acceptance of the Contractor's proposed earlier
completion date. Furthermore, Contractor shall not, under any circumstances,
receive additional compensation from the City (including but not limited to indirect,
general, administrative or other forms of overhead costs) for the period between the
time of earlier completion proposed by the Contractor and the Contract completion
date. If the Work is not completed as stated in the Contract Documents, it is
understood that the City will suffer damage. In accordance with Government Code
section 53069.85, being impractical and infeasible to determine the amount of actual
damage, it is agreed that Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum stipulated in the Contract for each calendar
day of delay until the Work is fully completed. Contractor and its surety shall be liable
for any liquidated damages. Any money due or to become due the Contractor may
be retained to cover liquidated damages.
B. Inclement Weather. Contractor shall abide by the Engineer's determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of
the Project schedule.
C. Extension of Time. Contractor shall not be charged liquidated damages because of
any delays in completion of the Work due to unforeseeable causes beyond the
control and without the fault or negligence of Contractor (or its subcontractors or
suppliers). Contractor shall within five (5) Days of identifying any such delay notify
the City in writing of causes of delay. The City shall ascertain the facts and extent of
delay and grant extension of time for completing the Work when, in its judgment, the
facts justify such an extension. Time extensions to the Project shall be requested by
the Contractor as they occur and without delay. No delay claims shall be permitted
unless the event or occurrence delays the completion of the Project beyond the
Contract completion date.
D. No Damages for Reasonable Delay. The City's liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be
liable for any costs which are borne by the Contractor in the regular course of
business, including, but not limited to, home office overhead and other ongoing
61147.02100\29379545.1 _77_ 00 72 13 - GENERAL CONDITIONS
costs. Damages caused by unreasonable City delay, including delays caused by
items that are the responsibility of the City pursuant to Government Code section
4215, shall be based on actual costs only, no proportions or formulas shall be used
to calculate any delay damages.
ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate
giving a complete breakdown of the Contract price, if the Contract amount is a lump
sum.
B. A monthly itemized estimate of Work done for the purpose of making progress
payments. In order for the City to consider and evaluate each progress payment
application, the Contractor shall submit a detailed measurement of Work performed
and a progress estimate of the value thereof before the tenth (10th) Day of the
following month.
C. Contractor shall submit, with each of its payment requests, an adjusted list of actual
quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
D. Following the City's Acceptance of the Work, the Contractor shall submit to the City a
written statement of the final quantities of unit price items for inclusion in the final
payment request.
E. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates
accurately reflect the Work on the Project.
ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to
Engineer a payment request which shall set forth in detail the value of the Work done
for the period beginning with the date work was first commenced and ending on the
end of the calendar month for which the payment request is prepared. Contractor
shall include any amount earned for authorized extra work. From the total thus
computed, a deduction shall be made in the amount of five percent (5%) for
retention, except where the City has adopted a finding that the Work done under the
Contract is substantially complex, and then the amount withheld as retention shall be
the percentage specified in the Notice Inviting Bids. From the remainder a further
deduction may be made in accordance with Section B below. The amount
computed, less the amount withheld for retention and any amounts withheld as set
forth below, shall be the amount of the Contractor's payment request.
B. The City may withhold a sufficient amount or amounts of any payment or payments
otherwise due to Contractor, as in his judgment may be necessary to cover:
61147.02100\29379545.1 _78_ 00 72 13 - GENERAL CONDITIONS
1. Payments which may be past due and payable for just claims against Contractor
or any subcontractors for labor or materials furnished in and about the
performance of work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his subcontractor or for
material or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be
completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the City for claims against Contractor.
7. Failure of Contractor to keep the record ("as -built') drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
C. The City may apply such withheld amount or amounts to payment of such claims or
obligations at its discretion with the exception of subsections (13)(1), (3), and (5) of
this Article, which must be retained or applied in accordance with applicable law. In
so doing, the City shall be deemed the agent of Contractor and any payment so
made by the City shall be considered as a payment made under contract by the City
to Contractor and the City shall not be liable to Contractor for such payments made
in good faith. Such payments may be made without prior judicial determination of
claim or obligations. The City will render Contractor a proper accounting of such
funds disbursed on behalf of Contractor.
D. Upon receipt, the Engineer shall review the payment request to determine whether it
is undisputed and suitable for payment. If the payment request is determined to be
unsuitable for payment, it shall be returned to Contractor as soon as practicable but
not later than seven (7) Days after receipt, accompanied by a document setting forth
in writing the reasons why the payment request is not proper. The City shall make
the progress payment within 30 calendar days after the receipt of an undisputed and
properly submitted payment request from Contractor, provided that a release of liens
and claims has been received from the Contractor pursuant to Civil Code section
8132. The number of days available to the City to make a payment without incurring
interest pursuant to this paragraph shall be reduced by the number of days by which
the Engineer exceeds the seven (7) Day requirement.
61147.02100\29379545.1 _79_ 00 72 13 - GENERAL CONDITIONS
E. A payment request shall be considered properly executed if funds are available for
payment of the payment request and payment is not delayed due to an audit inquiry
by the financial officer of the City.
ARTICLE 43. SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may
request the City to make retention payments directly to an escrow agent or may substitute
securities for any money withheld by the City to ensure performance under the contract. At the
request and expense of Contractor, securities equivalent to the amount withheld shall be
deposited with the City or with a state or federally chartered bank as the escrow agent who shall
return such securities to Contractor upon satisfactory completion of the contract. Deposit of
securities with an escrow agent shall be subject to a written agreement substantially in the form
provided in section 22300 of the Public Contract Code.
ARTICLE 44. CHANGES AND EXTRA WORK.
A. Contract Change Orders.
The City, without invalidating the Contract, may order changes in the Work
consisting of additions, deletions or other revisions, and the Contract Price and
Contract Time shall be adjusted accordingly. Except as otherwise provided
herein, all such changes in the Work shall be authorized by Change Order, and
shall be performed under the applicable conditions of the Contract Documents.
A Change Order signed by the Contractor indicates the Contractor's agreement
therewith, including any adjustment in the Contract Price or the Contract Time,
and the full and final settlement of all costs (direct, indirect and overhead) related
to the Work authorized by the Change Order.
2. Contractor shall promptly execute changes in the Work as directed in writing by
the City even when the parties have not reached agreement on whether the
change increases the scope of Work or affects the Contract Price or Contract
Time. All claims for additional compensation to the Contractor shall be presented
in writing. No claim will be considered after the Work in question has been done
unless a written Change Order has been issued or a timely written notice of claim
has been made by Contractor.
3. Whenever any change is made as provided for herein, such change shall be
considered and treated as though originally included in the Contract, and shall be
subject to all terms, conditions, and provisions of the original Contract.
4. Contractor shall not be entitled to claim or bring suit for damages, whether for
loss of profits or otherwise, on account of any decrease or omission of any item
or portion of Work to be done.
5. No dispute, disagreement, or failure of the parties to reach agreement on the
terms of the Change Order shall relieve the Contractor from the obligation to
proceed with performance of the work, including Additional Work, promptly and
expeditiously.
61147 02100\29379545.1 -80- 00 72 13 - GENERAL CONDITIONS
6. Contractor shall make available to the City any of the Contractor's documents
related to the Project immediately upon request of the City, as set forth in Article
52.
7. Any alterations, extensions of time, Additional Work, or any other changes may
be made without securing consent of the Contractor's surety or sureties.
B. Contract Price Change.
1. Process for Determining Adjustments in Contract Price.
a. Owner initiated Change. The Contractor must submit a complete cost
proposal, including any change in the Contract Price or Contract Time, within
seven (7) Days after receipt of a scope of a proposed change order initiated
by the City, unless the City requests that proposals be submitted in less than
seven (7) Days.
b. Contractor Initiated Change. The Contractor must give written notice of a
proposed change order required for compliance with the Contract Documents
within seven (7) Days of discovery of the facts giving rise to the proposed
change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump
sum mutually agreed to by the Contractor and the City.
d. Price quotations from the Contractor shall be accompanied by sufficiently
detailed supporting documentation to permit verification by the City, including
but not limited to estimates and quotations from subcontractors or material
suppliers, as the City may reasonably request. Contractor shall certify the
accuracy of all Change Order Requests under penalty of perjury.
e. If the Contractor fails to submit a complete cost proposal within the seven (7)
Day period (or as requested), the City has the right to order the Contractor in
writing to commence the Work immediately on a time and materials basis
and/or issue a lump sum change to the Contract Price and/or Contract Time
in accordance with the City's estimate. If the change is issued based on the
City's estimate, the Contractor will waive its right to dispute the action unless
within fifteen (15) Days following completion of the added/deleted work, the
Contractor presents written proof that the City's estimate was in error.
2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item varies from the Bid Form,
compensation for the change in quantity will be calculated by multiplying the
actual quantity by the Unit Price. This calculation may result in either an
additive or deductive Final Change Order pursuant to the Contract
Documents.
b. No Mark up for Overhead and Profit. Because the Contract Unit Prices
provided in the Bid Form include Overhead and Profit as determined by
61147.02100\29379545.1 -81- 00 72 13 - GENERAL CONDITIONS
Contractor at the time of Bid submission, no mark up or deduction for
Overhead and Profit will be included in Unit Price Change Orders.
c. Bid items included on the Bid Form may be deducted from the Work in their
entirety without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that
the estimated unit quantities listed on the Bid Form will be adjusted to reflect
the actual unit quantities which may result in an adjustment to the Contract
Unit Prices. Such an adjustment will be made by execution of a final additive
or deductive Change Order following Contractor's completion of the Work.
Upon notification, Contractor's failure to respond within seven (7) Days will
result in City's issuance of a unit quantity adjustment to the Contract Unit
Prices and/or Contract Time in accordance with the Contract Documents.
e. The City or Contractor may make a Claim for an adjustment in the Unit Price
in accordance with the Contract Documents if:
the quantity of any item of Unit Price Work performed by Contractor
differs by twenty-five percent (25%) or more from the estimated quantity
of such item indicated in the Contract; and
there is no corresponding adjustment with respect to any other item of
Work; and
iii. Contractor believes that Contractor is entitled to an increase in Unit Price
as a result of having incurred additional expense or the City believes that
the City is entitled to a decrease in Unit Price and the parties are unable
to agree as to the amount of any such increase or decrease..
3. Lump Sum Change Orders., Compensation for Lump Sum Change Orders shall
be limited to expenditures necessitated specifically by the Additional Work, and
shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally
for each craft or type of worker at the time the Additional Work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds, and other direct costs resulting from
Federal, State or local laws, as well as assessment or benefits required by
lawful collective bargaining agreements. The use of a labor classification
which would increase the Additional Work cost will not be permitted unless
the Contractor establishes the necessity for such new classifications. Labor
costs for equipment operators and helpers shall be reported only when such
costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or lowest current
price at which such materials are locally available in the quantities involved,
plus sales tax, freight, and delivery. Materials costs shall be based upon
supplier or manufacturer's invoice. If invoices or other satisfactory evidence
of cost are not furnished within fifteen (15) Days of delivery, then the City
shall determine the materials cost, at its sole discretion.
61147.02100\29379545.1 _82_ 00 72 13 - GENERAL CONDITIONS
c. Tool and Equipment Use. Costs for the use of small tools, which are tools
that have a replacement value of $1,000 or less, shall be considered included
in the Overhead and Profit mark-ups established below. Regardless of
ownership, the rates to be used in determining equipment use costs shall not
exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the Work is performed.
4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs
reasonably and necessarily incurred and paid by Contractor for labor,
materials, and equipment in the proper performance of Additional Work.
Except as otherwise may be agreed to in writing by the City, such costs shall
be in amounts no higher than those prevailing in the locality of the Project,
and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets. Contractor must submit timesheets, materials
invoices, records of equipment hours, and records of rental equipment
hours to the City's Representative for an approval signature each day
Additional Work is performed. Failure to get the City's Representative's
approval signature each Day shall result in a waiver of Contractor's right
to claim these costs. The City's Representative's signature on time
sheets only serves as verification that the Work was performed and is not
indicative of City's agreement to Contractor's entitlement to the cost.
T&M Daily Summary Sheets. All documentation of incurred costs ("T&M
Daily Summary Sheets") shall be submitted by Contractor within three (3)
Days of incurring the cost for labor, material, equipment, and special
services as Additional Work is performed. Contractor's actual costs shall
be presented in a summary table in an electronic spreadsheet file by
labor, material, equipment, and special services. Each T&M Daily
Summary Sheet shall include Contractor's actual costs incurred for the
Additional Work performed that day and a cumulative total of Contractor's
actual costs incurred for the Additional Work. Contractor's failure to
provide a T&M Daily Summary Sheet showing a total cost summary
within three (3) Days but within five (5) Days of performance of the Work
will result in the Contractor's otherwise allowable overhead and profit
being reduced by 50% for that portion of Additional Work which was not
documented in a timely manner. Contractor's failure to submit the T&M
Daily Summary Sheet within five (5) Days of performance of the Work will
result in a total waiver of Contractor's right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total
Cost Summary Sheet, which shall include total actual costs, within seven
(7) Days following completion of City approved Additional Work.
Contractor's total actual cost shall be presented in a summary table in an
electronic spreadsheet file by labor, material, equipment, and special
services. Contractor's failure to submit the T&M Total Cost Summary
Sheet within seven (7) Days of completion of the Additional Work will
61147.02100\29379545 1 _83_ 00 72 13 - GENERAL CONDITIONS
result in Contractor's waiver for any reimbursement of any costs
associated with the T&M Summary Sheets or the performance of the
Additional Work.
c. Labor. The Contractor will be paid the cost of labor for the workers used in
the actual and direct performance of the Work. The cost of labor will be the
sum of the actual wages paid (which shall include any employer payments to
or on behalf of the workers for health and welfare, pension, vacation, and
similar purposes) substantiated by timesheets and certified payroll for wages
prevailing for each craft or type of workers performing the Additional Work at
the time the Additional Work is done, and the labor surcharge set forth in the
Department of Transportation publication entitled Labor Surcharge and
Equipment Rental Rates, which is in effect on the date upon which the Work
is accomplished and which is a part of the Contract. The labor surcharge
shall constitute full compensation for all payments imposed by Federal, State,
or local laws and for all other payments made to, or on behalf of, the workers,
other than actual wages.
Equipment Operator Exception. Labor costs for equipment operators and
helpers shall be paid only when such costs are not included in the invoice
for equipment rental.
Foreman Exception. The labor costs for foremen shall be proportioned to
all of their assigned work and only that applicable to the Additional Work
shall be paid. Indirect labor costs, including, without limitation, the
superintendent, project manager, and other labor identified in the
Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or
lowest current price at which materials are locally available and delivered to
the Project site in the quantities involved, plus the cost of sales tax, freight,
delivery, and storage.
i. Trade discounts available to the purchaser shall be credited to the City
notwithstanding the fact that such discounts may not have been taken by
Contractor.
ii. For materials secured by other than a direct purchase and direct billing to
the purchaser, the cost shall be deemed to be the price paid to the actual
supplier as determined by the City's Representative.
iii. Payment for materials from sources owned wholly or in part by the
purchaser shall not exceed the price paid by the purchaser for similar
materials from said sources on Additional Work items or the current
wholesale price for such materials delivered to the Project site, whichever
price is lower.
iv. If, in the opinion of the City's Representative, the cost of materials is
excessive, or Contractor does not furnish satisfactory evidence of the cost
of such materials, then the cost shall be deemed to be the lowest current
61147.02100\29379545.1 _84_ 00 72 13 - GENERAL CONDITIONS
wholesale price for the total quantity concerned delivered to the Project
site less trade discounts.
V. The City reserves the right to furnish materials for the Additional Work
and no Claim shall be allowed by Contractor for costs of such materials or
Indirect Costs or profit on City furnished materials.
e. Equipment.
Rental Time. The rental time to be paid for equipment on the Project site
shall be the time the equipment is in productive operation on the
Additional Work being performed and, in addition, shall include the time
required to move the equipment to the location of the Additional Work and
return it to the original location or to another location requiring no more
time than that required to return it to its original location; except that
moving time will not be paid if the equipment is used on other than the
Additional Work, even though located at the site of the Additional Work.
(a) Rental Time Not Allowed. Rental time will not be allowed while
equipment is inoperative due to breakdowns.
(b) Computation Method. The following shall be used in computing the
rental time of equipment on the Project site.
(i) When hourly rates are paid, any part of an hour less than 30
minutes of operation shall be considered to be 1/2 -hour of
operation, and any part of an hour in excess of 30 minutes will be
considered one hour of operation.
(ii) When daily rates are paid, any part of a day less than 4 hours
operation shall be considered to be 1/2 -day of operation, and any
part of an hour in excess of 4 hours will be considered one day of
operation.
Rental Rates. Contractor will be paid for the use of equipment at the
lesser of (i) the actual rental rate, or (ii) the rental rate listed for that
equipment in the California Department of Transportation publication
entitled Labor Surcharge and Equipment Rental Rates, which is in effect
on the date upon which the Contract was executed. Such rental rates will
be used to compute payments for equipment whether the equipment is
under Contractor's control through direct ownership, leasing, renting, or
another method of acquisition. The rental rate to be applied for use of
each item of equipment shall be the rate (i.e., daily, monthly) resulting in
the least total cost to the City for the total period of use. If it is deemed
necessary by Contractor to use equipment not listed in the publication, an
equitable rental rate for the equipment will be established by the City's
Representative. Contractor may furnish cost data which might assist the
City's Representative in the establishment of the rental rate.
iii. Contractor -Owned Equipment.
61147 02100\29379545.1 -85- 00 72 13 - GENERAL CONDITIONS
(a) For Contractor -owned equipment, the allowed equipment rental rate
will be limited to the monthly equipment rental rate using a utilization
rate of 173 hours per month.
(b) For Contractor -owned equipment, the rental time to be paid for
equipment on the Site shall be the time the equipment is in
productive operation, unless, in the instance of standby time, the
equipment could be actively used by Contractor on another project,
then City shall pay for the entirety of the time the equipment is on
Site. It shall be Contractor's burden to demonstrate to the City that
the equipment could be actively used on another project.
iv. All equipment shall, in the opinion of the City's Representative, be in good
working condition and suitable for the purpose for which the equipment is
to be used.
V. Before construction equipment is used on the Additional Work, Contractor
shall plainly stencil or stamp an identifying number thereon at a
conspicuous location, and shall furnish to the City's Representative, in
duplicate, a description of the equipment and its identifying number and
the scheduled Additional Work activities planned.
vi, Unless otherwise specified, manufacturer's rating and manufacturer
approved modifications shall be used to classify equipment for the
determination of applicable rental rates. Equipment which has no direct
power unit shall be powered by a unit of at least the minimum rating
recommended by the manufacturer.
f. Special Services. Special work or services are defined as that Additional
Work characterized by extraordinary complexity, sophistication, or innovation
or a combination of the foregoing attributes which are unique to the
construction industry.
Invoices for Special Services. When the City's Representative and
Contractor determine that a special service is required which cannot be
performed by the forces of Contractor or those of any of its
Subcontractors, the special service may be performed by an entity
especially skilled in the Additional Work. Invoices for special services
based upon the current fair market value thereof may be accepted without
complete itemization of labor, material, and equipment rental costs, after
validation of market values by the City's Representative.
ii. Discount and Allowance. All invoices for special services will be adjusted
by deducting all trade discounts offered or available, whether the
discounts were taken or not. In lieu of Overhead and Profit specified
herein, a total allowance not to exceed fifteen percent (15%) for
Overhead and Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding
is necessary for certain special services, Contractor shall solicit
competitive bids for those special services.
61147 02100\29379545.1 -86- 00 72 13 - GENERAL CONDITIONS
g. Excluded Costs. The term Time and Material shall not include any of the
following costs or any other home or field office overhead costs, all of which
are to be considered administrative costs covered by Contractor's allowance
for Overhead and Profit.
Overhead Cost. Payroll costs and other compensation of Contractor's
officers, executives, principals, general managers, engineers, architects,
estimators, attorneys, auditors, accountants, purchasing and contracting
agents, timekeepers, clerks, and other personnel employed by Contractor
whether at the Site or in Contractor's principal office or any branch office,
material yard, or shop for general administration of the Additional Work;
ii. Office Expenses. Expenses of Contractor's principal and branch offices;
iii. Capital Expenses. Any part of Contractor's capital expenses, including
interest on Contractor's capital employed for the Additional Work and
charges against Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any
Subcontractor or Supplier, or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable, including
without limitation the correction of Defective Work, disposal of materials
or equipment wrongly supplied, and making good any damage to
property;
V. Other. Other overhead or general expense costs of any kind and the cost
of any item not specifically and expressly included in the Contract
Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that
remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of Change
Orders (whether or not ultimately authorized), cost estimates, or the
preparation or filing of Claims;
viii. Anticipated Lost Profits. Expenses of Contractor associated with
anticipated lost profits or lost revenues, lost income or earnings, lost
interest on earnings, or unpaid retention;
ix. Home Office Overhead. Costs derived from the computation of a "home
office overhead" rate by application of the Eichleay, Allegheny, burden
fluctuation, or other similar methods;
X. Special Consultants and Attorneys. Costs of special consultants or
attorneys, whether or not in the direct employ of Contractor, employed for
services specifically related to the resolution of a Claim, dispute, or other
matter arising out of or relating to the performance of the Additional Work.
61147.02100\29379545.1 _87_ 00 72 13 - GENERAL CONDITIONS
h. Overhead, Profit and Other Charges. The mark-up for overhead (including
supervision) and profit on work added to the Contract shall be according to
the following:
"Net Cost" is defined as consisting of costs of labor, materials, and tools
and equipment only excluding overhead and profit. The costs of
applicable insurance and bond premium will be reimbursed to the
Contractor and subcontractors at cost only, without mark-up. Contractor
shall provide City with documentation of the costs, including, but not
limited to, payroll records, invoices, and such other information as City
may reasonably request.
For Work performed by the Contractor's forces, the added cost for
overhead and profit shall not exceed fifteen percent (15%) of the Net Cost
of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and
profit shall not exceed fifteen percent (15%) of the subcontractor's Net
Cost of the Work to which the Contractor may add five percent (5%) of
the subcontractor's Net Cost.
iv, For Work performed by a sub -subcontractor, the added cost for overhead
and profit shall not exceed fifteen percent (15%) of the sub -
subcontractor's Net Cost for Work to which the subcontractor and general
contractor may each add an additional five percent (5%) of the Net Cost
of the lower tier subcontractor.
V, No additional mark-up will be allowed for lower tier subcontractors, and in
no case shall the added cost for overhead and profit payable by City
exceed twenty-five percent (25%) of the Net Cost as defined herein, of
the party that performs the Work.
5. All of the following costs are included in the markups for overhead and profit
described above, and Contractor shall not receive any additional compensation
for: Submittals, drawings, field drawings, Shop Drawings, including submissions
of drawings; field inspection; General Superintendence; General administration
and preparation of cost proposals, schedule analysis, Change Orders, and other
supporting documentation; computer services; reproduction services; Salaries of
project engineer, superintendent, timekeeper, storekeeper, and secretaries;
Janitorial services; Small tools, incidentals and consumables; Temporary On -Site
facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical
Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead
or other expenses; vehicles and fuel used for work otherwise included in the
Contract Documents; Surveying; Estimating; Protection of Work; Handling and
disposal fees; Final Cleanup; Other Incidental Work; Related Warranties;
insurance and bond premiums.
6. For added or deducted Work by subcontractors, the Contractor shall furnish to
the City the subcontractor's signed detailed record of the cost of labor, material
and equipment, including the subcontractor markup for overhead and profit. The
same requirement shall apply to sub -subcontractors
61147.02100\29379545.1 -88- 00 72 13 - GENERAL CONDITIONS
7. For added or deducted work furnished by a vendor or supplier, the Contractor
shall furnish to the City a detailed record of the cost to the Contractor, signed by
such vendor or supplier.
8. Any change in the Work involving both additions and deletions shall indicate a
net total cost, including subcontracts and materials. Allowance for overhead and
profit, as specified herein, shall be applied if the net total cost is an increase in
the Contract Price; overhead and profit allowances shall not be applied if the net
total cost is a deduction to the Contract Price. The estimated cost of deductions
shall be based on labor and material prices on the date the Contract was
executed.
9. Contractor shall not reserve a right to assert impact costs, extended job site
costs, extended overhead, constructive acceleration and/or actual acceleration
beyond what is stated in the Change Order for Work. No claims shall be allowed
for impact, extended overhead costs, constructive acceleration and/or actual
acceleration due to a multiplicity of changes and/or clarifications. The Contractor
may not change or modify the City's change order form in an attempt to reserve
additional rights.
10. If the City disagrees with the proposal submitted by Contractor, it will notify the
Contractor and the City will provide its opinion of the appropriate price and/or
time extension. If the Contractor agrees with the City, a Change Order will be
issued by the City. If no agreement can be reached, the City shall have the right
to issue a unilateral Change Order setting forth its determination of the
reasonable additions or savings in costs and time attributable to the extra or
deleted work. Such determination shall become final and binding if the
Contractor fails to submit a claim in writing to the City within fifteen (15) Days of
the issuance of the unilateral Change Order, disputing the terms of the unilateral
Change Order, and providing such supporting documentation for its position as
the City may require.
C. Change of Contract Times.
1. The Contract Times may only be changed by a Change Order
2. All changes in the Contract Price and/or adjustments to the Contract Times
related to each change shall be included in Contractor's COR pursuant to this
Article. No cost or time will be allowed for cumulative effects of multiple changes.
All Change Orders must state that the Contract Time is not changed or is either
increased or decreased by a specific number of days. Failure to include a
change to time shall waive any change to the time unless the parties mutually
agree in writing to postpone a determination of the change to time resulting from
the Change Order.
3. Notice of the amount of the request for adjustment in the Contract Times with
supporting data shall be delivered within seven (7) Days after such start of
occurrence, unless City's Representative allows an additional period of time to
ascertain more accurate data in support of the request. No extension of time or
additional compensation shall be given for a delay if the Contractor failed to give
notice in the manner and within the time prescribed.
61147.02100\29379545.1 _89_ 00 72 13 - GENERAL CONDITIONS
4. City may elect, at City's sole discretion, to grant an extension in Contract Times,
without Contractor's request, because of delays or other factors.
5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the
exclusive use or benefit of either the City or the Contractor.
b. Contractor shall not be entitled to compensation, and City will not
compensate Contractor, for delays which impact early completion. Any
difference in time between the Contractor's early completion and the Contract
Time shall be considered a part of the Project float.
6. Contractor's entitlement to an extension of the Contract Times is limited to a City -
caused extension of the critical path, reduced by the Contractor's concurrent
delays, and established by a proper time impact analysis. No time extension shall
be allowed unless, and then only to the extent that, the City -caused delay
extends the critical path beyond the previously approved Contract Time. If
approved, the increase in time required to complete the Work shall be added to
the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or
Contract Times for delays within the control of Contractor. Delays attributable
to and within the control of a Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
If Contractor is delayed in the performance or progress of the Work by fire,
flood, epidemic, abnormal weather conditions (as determined by the City),
Acts of God, acts or failures to act of utility owners not under the control of
City, or other causes not the fault of and beyond control of City and
Contractor, then Contractor shall be entitled to an time extension when the
Work stopped is on the critical path. Such a non -compensable adjustment
shall be Contractor's sole and exclusive remedy for such delays. Contractor
must submit a timely request in accordance with the requirements of this
Article.
c. Utility -Related Delays.
Contractor shall immediately notify in writing the utility owner and City's
Representative of its construction schedule and any subsequent changes
in the construction schedule which will affect the time available for
protection, removal, or relocation of utilities. Requests for extensions of
time arising out of utility relocation or repair delays shall be filed in
accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for
delays attributable to utility relocations or alterations if correctly located,
as noted in the Contract Documents or by the Underground Service Alert
survey.
61147.02100\29379545.1 _90- 00 72 13 - GENERAL CONDITIONS
7. Content for Requests for Contract Extension. Contractor's justification for
entitlement shall be clear and complete citing specific Contract Document
references and reasons on which Contractor's entitlement is based. At a
minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting
event, in narrative form, providing a description of the delay event and
sufficient justification as to why the Contractor is entitled to a time extension.
Contractor must demonstrate that the delay arises from unforeseeable
causes beyond the control and without the fault or negligence of both
Contractor and any Subcontractors or Suppliers, or any other persons or
organizations employed by any of them or for whose acts any of them may be
liable, and that such causes in fact lead to performance or completion of the
Work, or specified part in question, beyond the corresponding Contract
Times, despite Contractor's reasonable and diligent actions to guard against
those effects.
b. Each request for an extension of Contract Time must include a time impact
analysis in CPM format, using the Contemporaneous Impacted As -Planned
Schedule Analysis to calculate the impact of the delay event.
8. No Damages for Reasonable Delay.
a. City's liability to Contractor for delays for which City is responsible shall be
limited to only an extension of time unless such delays were unreasonable
under the circumstances. In no case shall City be liable for any costs which
are borne by the Contractor in the regular course of business, including, but
not limited to, home office overhead and other ongoing costs.
b. Damages caused by unreasonable City delay that impact the critical path,
in,pluding delays caused by items that are the responsibility of the City
pursuant to Government Code section 4215, shall be compensated at the
Daily Rate established in the Special Conditions. No other calculations,
proportions or formulas shall be used to calculate any delay damages.
c. City and City's Representative, and the officers, members, partners,
employees, agents, consultants, or subcontractors of each of them, shall not
be liable to Contractor for any claims, costs, losses, or damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution
costs) sustained by Contractor on or in connection with any other project or
anticipated project.
9. Contractor's failure, neglect, or refusal to comply with the requirements of the
Contract Documents, or any portion thereof, shall bar Contractor's request for
extensions of the Contract Times. Such failure, neglect, or refusal prejudices
City's and City's Representative's ability to recognize and mitigate delay, and
such failure, neglect, or refusal prevent the timely analysis of requests for
extensions of Contract Times, and whether such extensions may be warranted.
Contractor hereby waives all rights to extensions of Contract Times due to delays
or accelerations that result from or occur during periods of time for which
61147.02100\29379545.1 -91- 00 72 13 - GENERAL CONDITIONS
Contractor fails, neglects, or refuses to fully comply with the requirements of this
Article.
ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT
A. The acceptance of the Work on behalf of the City will be made by the Engineer.
Such acceptance by the City shall not constitute a waiver of defects. When the Work
has been accepted there shall be paid to Contractor a sum equal to the contract
price less any amounts previously paid Contractor and less any amounts withheld by
the City from Contractor under the terms of the contract. The final five percent (5%),
or the percentage specified in the notice inviting bids where the City has adopted a
finding of substantially complete, shall not become due and payable until five (5)
calendar days shall have elapsed after the expiration of the period within which all
claims may be filed under the provisions of Civil Code section 9356. If the
Contractor has placed securities with the City as described herein, the Contractor
shall be paid a sum equal to one hundred percent (100%) of the contract price less
any amounts due the City under the terms of the Contract.
B. Unless Contractor advises the City in writing prior to acceptance of the final five
percent (5%) or the percentage specified in the notice inviting bids where the City
has adopted a finding of substantially complete, or the return of securities held as
described herein, said acceptance shall operate as a release to the City of all claims
and all liability to Contractor for all things done or furnished in connection with this
work and for every act of negligence of the City and for all other claims relating to or
arising out of this work. If Contractor advises the City in writing prior to acceptance
of final payment or return of the securities that there is a dispute regarding the
amount due the Contractor, the City may pay the undisputed amount contingent
upon the Contractor furnishing a release of all undisputed claims against the City
with the disputed claims in stated amounts being specifically excluded by Contractor
from the operation of the release. No payments, however, final or otherwise, shall
operate to release Cont.sactor or its sureties from the Faithful Performance Bond,
Labor and Material Payment Bond, or from any other obligation under this contract.
C. In case of suspension of the contract any unpaid balance shall be and become the
sole and absolute property of the City to the extent necessary to repay the City any
excess in the cost of the Work above the contract price.
D. Final payment shall be made no later than 60 days after the date of acceptance of
the Work by the City or the date of occupation, beneficial use and enjoyment of the
Work by the City including any operation only for testing, start-up or commissioning
accompanied by cessation of labor on the Work, provided that a release of liens and
claims has been received from the Contractor pursuant to Civil Code section 8136.
In the event of a dispute between the City and the Contractor, the City may withhold
from the final payment an amount not to exceed 150% of the disputed amount.
E. Within ten (10) calendar days from the time that all or any portion of the retention
proceeds are received by Contractor, Contractor shall pay each of its subcontractors
from whom retention has been withheld each subcontractor's share of the retention
received. However, if a retention payment received by Contractor is specifically
designated for a particular subcontractor, payment of the retention shall be made to
61147.02100\29379545.1 -92- 00 72 13 - GENERAL CONDITIONS
the designated subcontractor if the payment is consistent with the terms of the
subcontract.
ARTICLE 46. OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before
completion, and such occupancy or use shall not constitute acceptance of any part of Work
covered by this Contract. This use shall not relieve the Contractor of its responsibilities under
the Contract.
ARTICLE 47. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the
City's choosing), indemnify and hold harmless the City, officials, officers, agents, employees,
and representatives, and each of them from and against:
A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or
liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to,
injury to or death, including wrongful death, of any person, and damages to or
destruction of property of any person, arising out of, related to, or in any manner
directly or indirectly connected with the Work or this Contract, including claims made
by subcontractors for nonpayment, including without limitation the payment of all
consequential damages and attorney's fees and other related costs and expenses,
however caused, regardless of whether the allegations are false, fraudulent, or
groundless, and regardless of any negligence of the City or its officers, employees,
or authorized volunteers (including passive negligence), except the sole negligence
or willful misconduct or active negligence of the City or its officials, officers,
employees, or authorized volunteers.
B. Contractor's defense and indemnity obligation herein includes, but is not limited to
damages, fines, penalties, attorney's fees and costs arising from claims under the
Americans with Disabilities Act (ADA) or other federal or state disability access or
discrimination laws arising from Contractor's Work during the course of construction
of the improvements or after the Work is complete, as the result of defects or
negligence in Contractor's construction of the improvements.
C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting
from, or on account of the violation of any governmental law or regulation,
compliance with which is the responsibility of Contractor;
D. Any and all losses, expenses, damages (including damages to the Work itself),
attorney's fees, and other costs, including all costs of defense which any of them
may incur with respect to the failure, neglect, or refusal of Contractor to faithfully
perform the Work and all of Contractor's obligations under the agreement. Such
costs, expenses, and damages shall include all costs, including attorney's fees,
incurred by the indemnified parties in any lawsuit to which they are a party.
Contractor shall immediately defend, at Contractor's own cost, expense and risk, with the City
Council's choosing, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against the City, its officials, officers, agents, employees
61147.02100\29379545.1 -93- 00 72 13 - GENERAL CONDITIONS
and representatives. Contractor shall pay and satisfy any judgment, award or decree that may
be rendered against the City, its officials, officers, employees, agents, employees and
representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse
the City, its officials, officers, agents, employees and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. The only limitations on this provision shall be those imposed by Civil
Code section 2782.
ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES
In accordance with Public Contract Code sections 20104 et seq. and other applicable law,
public works claims of $375,000 or less which arise between the Contractor and the City shall
be resolved under the following statutory procedure unless the City has elected to resolve the
dispute pursuant to Public Contract Code section 10240 et seq.
A. All Claims. All claims shall be submitted in writing and accompanied by
substantiating documentation. Claims must be filed on or before the date of final
payment unless other notice requirements are provided in the contract. "Claim"
means a separate demand by the Contractor for (1) a time extension, (2) payment of
money or damages arising from work done by or on behalf of the Contractor and
payment of which is not otherwise expressly provided for or the Contractor is not
otherwise entitled, or (3) an amount the payment of which is disputed by the City.
B. Claims Under $50,000. The City shall respond in writing to the claim within 45
calendar days of receipt of the claim, or, the City may request, in writing, within 30
calendar days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the City may have. If additional information is
needed thereafter, it shall be provided upon mutual agreement of the City and the
Contractor. The City's written response shall be submitted 15 calendar days after
receiving the additional documentation, or within the same period of time taken by
the Contractor to produce the additional information, whichever is greater.
C. Claims over $50,000 but less than or equal to $375,000. The City shall respond
in writing within 60 calendar days of receipt, or, may request in writing within 30
calendar days of receipt of the claim, any additional documents supporting the claim
or relating to defenses or claims the City may have against the City. If additional
information is needed thereafter, it shall be provided pursuant to mutual agreement
between the City and the Contractor. The City response shall be submitted within 30
calendar days after receipt of the further documents, or within the same period of
time taken by the Contractor to produce the additional information or documents,
whichever is greater. The Contractor shall make these records and documents
available at all reasonable times, without any direct charge.
D. All Claims. The Contractor will submit the claim justification in the following format:
1. Summary of claim merit and price, and Contract clause pursuant to which the
claim is made.
2. List of documents relating to claim:
a. Specifications
61147.02100\29379545.1 _94_ 00 72 13 - GENERAL CONDITIONS
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other (All Related Documents)
3. Chronology of events and correspondence.
4. Analysis of claim merit.
5. Analysis of claim cost.
6. Analysis of time impact analysis in CPM format.
7. Cover letter and certification of validity of the claim.
E. All Claims. If the Contractor disputes the City's response, or if the City fails to
respond within the statutory time period(s), the Contractor may so notify the City
within 15 calendar days of the receipt of the response or the failure to respond, and
demand an informal conference to meet and confer for settlement. Upon such
demand, the City shall schedule a meet and confer conference within 30 calendar
days.
F. The Contractor must comply with the claims filing procedures set forth in
Government Code sections 900 et seq. for any claim or any portion thereof that
remains in dispute, after the meet and confer conference. For purposes of those
provisions, the time within which a claim must be filed shall be tolled from the time
the Contractor submits the written claim until the time the claim is denied, including
any time utilized for the meet and confer conference. Submission of a claim,
properly certified, with all required supporting documentation, and written rejection or
denial of all or part of the claim by the City, is a condition precedent to any action,
proceeding, litigation, suit, general conditions claim, or demand for grbitration by
Contractor.
G. Government Code Claim. In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra work,
disputed work, construction claims and/or changed conditions, the Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq.
prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to
those matters that remain unresolved after all procedures pertaining to extra work,
disputed work, construction claims, and/or changed conditions have been followed
by Contractor. If no such Government Code claim is submitted, or if the prerequisite
contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
ARTICLE 49. CITY'S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the City:
In the sole estimation of the City, if the Contractor refuses or fails to prosecute
the Work or any separable part thereof with such diligence as will insure its
61147.02100\29379545.1 _95_ 00 72 13 - GENERAL CONDITIONS
completion within the time specified by the Contract Documents, or any
extension thereof, or fails to complete such Work within such time, or if the
Contractor should be adjudged a bankrupt, or if it should make a general
assignment for the benefit of its creditors, or if a receiver should be appointed on
account of its insolvency, or the Contractor or any of its subcontractors should
violate any of the provisions of this Contract, the City may serve written notice
upon the Contractor and its Surety of the City's intention to terminate this
Contract. This notice of intent to terminate shall contain the reasons for such
intention to terminate this Contract, and a statement to the effect that the
Contractor's right to perform this Contract shall cease and terminate upon the
expiration of ten (10) calendar days unless such violations have ceased and
arrangements satisfactory to the City have been made for correction of said
violations.
2. In the event that the City serves such written notice of termination upon the
Contractor and the Surety, the Surety shall have the right to take over and
perform the Contract. If the Surety does not: (1) give the City written notice of
Surety's intention to take over and commence performance of the Contract within
15 calendar days of the City's service of said notice of intent to terminate upon
Surety; and (2) actually commence performance of the Contract within 30
calendar days of the City's service of said notice upon Surety; then the City may
take over the Work and prosecute the same to completion by separate contract
or by any other method it may deem advisable for the account and at the
expense of the Contractor.
3. In the event that the City elects to obtain an alternative performance of the
Contract as specified above: (1) the City may, without liability for so doing, take
possession of and utilize in completion of the Work such materials, appliances,
plants and other property belonging to the Contractor that are on the site and
reasonably necessary for such completion (A special lien to secure the claims of
the City in the event of such suspension is hereby created against any property
of Contractor taken into the possession of the City under the terms hereof and
such lien may be enforced by sale of such property under the direction of the City
Council without notice to Contractor. The proceeds of the sale after deducting all
expenses thereof and connected therewith shall be credited to Contractor. If the
net credits shall be in excess of the claims of the City against Contractor, the
balance will be paid to Contractor or Contractor's legal representatives.); and (2)
Surety shall be liable to the City for any cost or other damage to the City
necessitated by the City securing an alternate performance pursuant to this
Article.
B. Termination for Convenience by the City:
The City may terminate performance of the Work called for by the Contract
Documents in whole or, from time to time, in part, if the City determines that a
termination is in the City's interest.
2. The Contractor shall terminate all or any part of the Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
convenience of the City, the extent of termination, and the Effective Date of such
termination.
61147.02100\29379545.1 _96_ 00 72 13 - GENERAL CONDITIONS
3. After receipt of Notice of Termination, and except as directed by the City's
Representative, the Contractor shall, regardless of any delay in determining or
adjusting any amounts due under this Termination for Convenience clause,
immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for under
the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which
the facility (or facilities) forming the basis of the Contract Document is
situated in a safe and sanitary manner such that it does not pose any threat
to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of the
Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the
continued portion of the Contract.
Submit to the City's Representative, within ten (10) calendar days from the
Effective Date of the Notice of Termination, all of the usual documentation
called for by the Contract Documents to substantiate all costs incurred by the
Contractor for labor, materials and equipment through the Effective Date of
the Notice of Termination. Any documentation substantiating costs incurred
by the Contractor solely as a result of the City's exercise of its right to
terminate this Contract pursuant to this clause, which costs the contractor is
authorized under the Contract documents to incur, shall: (1) be submitted to
and received by the Engineer no later than 30 calendar days after the
Effective Date of the Notice of Termination; (2) describe the costs incurred
with particularity; and (3) be conspicuously identified as "Termination Costs
occasioned by the City's Termination for Convenience."
4. Termination of the Contract shall not relieve Surety of its obligation for any just
claims arising out of or relating to the Work performed.
5. In the event that the City exercises its right to terminate this Contract pursuant to this
clause, the City shall pay the Contractor, upon the Contractor's submission of the
documentation required by this clause and other applicable provisions of the
Contract Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this
Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided
Contractor establishes to the satisfaction of the City's Representative that it is
reasonably probable that Contractor would have made a profit had the
Contract been completed and provided further, that the profit allowed shall in
no event exceed fifteen (15%) percent of the costs.
61147.02100\29379545.1 _97_ 00 72 13 - GENERAL CONDITIONS
c. A reasonable allowance for Contractor's administrative costs in determining
the amount payable due to termination of the Contract under this Article.
C. Notwithstanding any other provision of this Article, when immediate action is
necessary to protect life and safety or to reduce significant exposure or liability, the
City may immediately order Contractor to cease Work on the Project until such safety
or liability issues are addressed to the satisfaction of the City or the Contract is
terminated.
ARTICLE 50. WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in
conformance with the Contract Documents and that the materials and Work provided
will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or
replace, at the discretion of the City, any or all Work that may prove to be defective in
its workmanship, materials furnished, methods of installation or fail to conform to the
Contract Document requirements together with any other Work which may be
damaged or displaced by such defect(s) within a period of one (1) year from the date
of the Notice of Completion of the Project without any expense whatever to the City,
ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall
be required to promptly repair or replace defective equipment or materials, at
Contractor's option. All costs associated with such corrective actions and testing,
including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of the Contractor.
B. For any Work so corrected, Contractor's obligation hereunder to correct defective
Work shall be reinstated for an additional one (1) year period, commencing with the
date of acceptance of such corrected Work. The reinstatement of the one (1) year
warranty shall apply only to that portion of work that was corrected. Contractor shall
perform such tests as City may require to verify that any corrective actions, including,
without limitation, redesign, repairs, and replacements comply with the requirements
of the Contract. In the event of Contractor's failure to comply with the above-
mentioned conditions within ten (10) calendar days after being notified in writing of
required repairs, to the reasonable satisfaction of the City, the City shall have the
right to correct and replace any defective or non -conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor's sole
expense. Contractor shall be obligated to fully reimburse the City for any expenses
incurred hereunder immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all
warranties that would be given in normal commercial practice and assign to City any
and all manufacturer's or installer's warranties for equipment or materials not
manufactured by Contractor and provided as part of the Work, to the extent that such
third -party warranties are assignable and extend beyond the warranty period set
forth in this Article. Contractor shall furnish the City with all warranty and guarantee
documents prior to final Acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the
Engineer, the City may furnish materials or products to the Contractor for installation.
In the event any act or failure to act by Contractor shall cause a warranty applicable
to any materials or products purchased by the City for installation by the Contractor
61147 0210029379545.1 _98_ 00 72 13 - GENERAL CONDITIONS
to be voided or reduced, Contractor shall indemnify City from and against any cost,
expense, or other liability arising therefrom, and shall be responsible to the City for
the cost of any repairs, replacement or other costs that would have been covered by
the warranty but for such act or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City -owned or controlled
real or personal property.
F. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10)
calendar days after being notified commence and perform with due diligence all
necessary Work. If the Contractor fails to promptly remedy any defect, or damage;
the City shall have the right to replace, repair or otherwise remedy the defect, or
damage at the Contractor's expense.
G. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance
with the Contract requirements, the City may undertake at Contractor's expense, and
without prior notice, all Work necessary to correct such condition.
H. Acceptance of Defective Work.
If, instead of requiring correction or removal and replacement of Defective Work,
the City prefers to accept it, City may do so. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to City's evaluation of
and determination to accept such Defective Work and for the diminished value of
the Work.
2. If any acceptance of defective work occurs prior to release of the Project
Retention, a Change Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and City shall be entitled to
an appropriate decrease in the Contract Price, reflecting the diminished value of
Work and all costs incurred by City.
3. If the Project Retention is held in an escrow account as permitted by the Contract
Documents, Contractor will promptly alert the escrow holder, in writing, of the
amount of Retention to be paid to City.
4. If the acceptance of Defective Work occurs after release of the Project Retention,
an appropriate amount will be paid by Contractor to City.
I. City May Correct Defective Work.
If Contractor fails within a reasonable time after written notice from City's
Representative to correct Defective Work, or to remove and replace rejected
Work as required by City, or if Contractor fails to perform the Work in accordance
with the Contract Documents, or if Contractor fails to comply with any other
provision of the Contract Documents, City may, after seven (7) Days' written
notice to Contractor, correct, or remedy any such deficiency.
61147 02100\29379545.1 _99_ 00 72 13 - GENERAL CONDITIONS
2. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work
and suspend Contractor's services related thereto, take possession of
Contractor's tools, appliances, construction equipment and machinery at the Site,
and incorporate in the Work all materials and equipment stored at the Site or for
which City has paid Contractor but which are stored elsewhere. Contractor shall
allow City and City's Representative, and the agents, employees, other
contractors, and consultants of each of them, access to the Site to enable City to
exercise the rights and remedies to correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) incurred or sustained by City
correcting the Defective Work will be charged against Contractor, and a Change
Order will be issued incorporating the necessary revisions into the Contract
Documents with respect to the Work; and City shall be entitled to an appropriate
decrease in the Contract Price.
4. Such claims, costs, losses and damages will include, but not be limited to, all
costs of repair, or replacement of work of others destroyed or damaged by
correction, removal, or replacement of Defective Work.
5. If the Change Order is executed after all payments under the Contract have been
paid by City and the Project Retention is held in an escrow account as permitted
by the Contract Documents, Contractor will promptly alert the escrow holder, in
writing, of the amount of Retention to be paid to City.
6. If the Change Order is executed after release of the Project Retention, an
appropriate amount will be paid by Contractor to City.
7. Contractor shall not be allowed an extension of the Contract Times because of
any delay in the performance of the Work attributable to City correcting Defective
work.
J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the
rights and remedies available to City at law or in equity, including, but not limited to,
Code of Civil Procedure section 337.15.
ARTICLE 51. DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and
the Contractor shall be subject to examination and audit by the State Auditor General
for a period of three (3) years after final payment.
B. Contractor shall make available to the City any of the Contractor's other documents
related to the Project immediately upon request of the City.
C. In addition to the State Auditor rights above, the City shall have the right to examine
and audit all books, estimates, records, contracts, documents, bid documents,
subcontracts, and other data of the Contractor (including computations and
projections) related to negotiating, pricing, or performing the modification in order to
61147.02100\29379545.1 -100- 00 72 13 - GENERAL CONDITIONS
evaluate the accuracy and completeness of the cost or pricing data at no additional
cost to the City, for a period of four (4) years after final payment.
ARTICLE 52. SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on
the Project site. Contractor shall permit other contractors reasonable access and
storage of their materials and execution of their work and shall properly connect and
coordinate its Work with theirs.
B. To ensure proper execution of its subsequent Work, Contractor shall immediately
inspect work already in place and shall at once report to the Engineer any problems
with the Work in place or discrepancies with the Contract Documents.
C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature
of any other contracts that have been or may be awarded by the City in prosecution
of the Project to the end that Contractor may perform this Contract in the light of such
other contracts, if any. Nothing herein contained shall be interpreted as granting to
Contractor exclusive occupancy at site of the Project. Contractor shall not cause any
unnecessary hindrance or delay to any other contractor working on the Project. If
simultaneous execution of any contract for the Project is likely to cause interference
with performance of some other contract or contracts, the Engineer shall decide
which Contractor shall cease Work temporarily and which contractor shall continue
or whether work can be coordinated so that contractors may proceed simultaneously.
The City shall not be responsible for any damages suffered or for extra costs
incurred by Contractor resulting directly or indirectly from award, performance, or
attempted performance of any other contract or contracts on the Project site.
ARTICLE 53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party
as designated in the Bid Forms. Written notice to the Contractor shall be addressed to
Contractor's principal place of business unless Contractor designates another address in writing
for service of notice. Notice to City shall be addressed to the City as designated in the Notice
Inviting Bids unless City designates another address in writing for service of notice. Notice shall
be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever
is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the
receiving party.
ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely
notification of the receipt of any third -party claims relating to the Contract. The City is entitled to
recover reasonable costs incurred in providing such notification.
ARTICLE 55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors' State License
Board which has jurisdiction to investigate complaints against contractors if a complaint
regarding a patent act or omission is filed within four (4) years of the date of the alleged
violation. A complaint regarding a latent act or omission pertaining to structural defects must be
61147.02100\29379545.1 _101- 00 72 13 - GENERAL CONDITIONS
filed within ten (10) years of the date of the alleged violation. Any questions concerning a
contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000,
Sacramento, California 95826.
ARTICLE 56. INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice
by any party or person shall affect or modify any of the terms or obligations
contained in the Contract Documents.
B. Contract Documents Represent Entire Contract. The Contract Documents
represent the entire agreement of the City and Contractor.
ARTICLE 57. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of
interest of any or all of this contract without the prior written consent of the City. Any
assignment or change of Contractor's name of legal entity without the written consent of the City
shall be void. Any assignment of money due or to become due under this Contract shall be
subject to a prior lien for services rendered or Material supplied for performance of Work called
for under the Contract Documents in favor of all persons, firms, or corporations rendering such
services or supplying such Materials to the extent that claims are filed pursuant to the Civil
Code, the Code of Civil Procedure or the Government Code.
ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY
Should a change be contemplated in the name or nature of the Contractor's legal entity, the
Contractor shall first notify the City in order that proper steps may be taken to have the change
reflected on the Contract and all related documents. No change of Contractor's name or nature
will affect City's rights under the Contract, including but not limited to the bonds.
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or
subcontract to supply goods, services, or materials pursuant to a public works contract,
Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15)
or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7
of the Business and Professions Code), arising from the purchase of goods, services, or
materials pursuant to this contract or any subcontract. This assignment shall be made and
become effective at the time the City tenders final payment to the Contractor, without further
acknowledgment by the parties.
ARTICLE 60. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to
negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising,
making, accepting or approving any engineering, inspection, construction or material supply
contract or any subcontract in connection with construction of the project, shall be or become
directly or indirectly interested financially in the Contract.
61147.02100\29379545.1 _102_ 00 72 13 - GENERAL CONDITIONS
ARTICLE 61. CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other
person or organization performing any part of the Work, this Contract shall be governed by the
law of the State of California excluding any choice of law provisions.
ARTICLE 62. JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part
of the Work agrees that any action or suits at law or in equity arising out of or related to the
bidding, award, or performance of the Work shall be maintained in the Superior Court of Orange
County, California, and expressly consent to the jurisdiction of said court, regardless of
residence or domicile, and agree that said court shall be a proper venue for any such action.
ARTICLE 63. LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on conduct of work as indicated and specified. If Contractor
observes that drawings and specifications are at variance therewith, it shall promptly
notify the Engineer in writing and any necessary changes shall be adjusted as
provided for in this Contract for changes in work. If Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Engineer, it shall bear all costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA regulations.
ARTICLE 64. PATENTS
Contractor shall hold and save the City, officals, officers, employees, and authorized volunteers
harmless from liability of any nature or kind of claim therefrom including costs and expenses for
or on account of any patented or unpatented invention, article or appliance manufactured,
furnished or used by Contractor in the performance of this contract.
ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by
Contractor or any subcontractor on other work nor shall Contractor claim any right to such
documents. With exception of one complete set of Contract Documents, all documents shall be
returned to the City on request at completion of the Work.
ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may
create a possessory interest subject to personal property taxation for which Contractor will be
responsible.
ARTICLE 67. SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given
61147 02100\29379545.1 _103_ 00 72 13 - GENERAL CONDITIONS
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
61147.02100\29379545.1 -104- 00 72 13 - GENERAL CONDITIONS
00 73 13 — SPECIAL CONDITIONS
1.1 Engineer of Record.
A. For purposes of this Project, the Engineer of Record or Engineer shall be: George
Alvarez, City Engineer.
1.2 Location of the Prolect.
A. The Project is located in the City od San Juan Capistrano.
B. The general location of the Project is shown on City Drawing No. n/a.
1.3 Status of the Project Area and Rights -of -Way.
A. City, at its expense, will provide all rights-of-way or permits, or both, covering the
crossing of private property and public and private rights-of-way necessary for the
permanent Work; provided, however, Contractor shall, at its expense, obtain any
bonds or insurance policies or pay any fees and enter into any agreements required
by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company,
before Contractor enters upon any property or right-of-way under the jurisdiction of
any such controlling authority for the purpose of performing Work.
B. City has acquired or is negotiating to acquire any rights-of-way, or both, necessary
for the permanent Work.
C. If such permits are required, all operations of Contractor shall conform to the
restrictions, regulations, and requirements set forth in said permits, copies of which
will be included in the Contract Documents.
D. Contractor may be required, as a condition for receiving final payment, to obtain, and
provide City's Representative with copies of, executed damage releases from the
owners of public and private property whose property has been damaged by the
Work. The damage releases will be on a form provided by City.
E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide
City's Representative with copies of, executed damage releases from the owners of
certain public and private property or areas which have been crossed by the Work or
otherwise affected by the Work. The damage releases will be on a form provided by
City.
1.4 Designation of City's Re resentative.
A. Unless otherwise modified by City, City's Representative shall be George Alvarez,
City Engineer.
1.5 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress
payment as retention on the Project.
61147.02100\29379545.1 -105- 00 73 13 - SPECIAL CONDITIONS
1.6 Reverse Liquidated Damages Due to Unreasonable City Delay.
A. In compliance with the provisions of California Public Contract Code § 7102, the
Contractor will be compensated for damages incurred due to delays in completing
the Work due solely to the fault of the City, where such delay is unreasonable under
the circumstances and not contemplated by the parties and such delay is not the
result of Additional Work. The Contractor and City agree that determining actual
damages is impracticable and extremely difficult. As such, the Contractor shall be
entitled to the appropriate time extension and to payment of liquidated damages in
the sum of 100 per Day of delay in excess of the time specified for the Completion
of the Work. Such amount shall constitute the only payment allowed and shall
necessarily include all overhead (direct or indirect), all profit, all administrative costs,
all bond costs, all labor, materials, equipment and rental costs, and any other costs,
expenses and fees incurred or sustained as a result of such delay. The Contractor
expressly agrees to be limited solely to the liquidated damages for all such delays as
defined in this subsection.
1.7 Liquidated Damages Due to Contractor Delay.
A. Time is of the essence. Should Contractor fail to complete all or any part of the Work
within the time specified in the Contract Documents, City will suffer damage, the
amount of which is difficult, if not impossible, to ascertain and, pursuant to the
authority of Government Code section 53069.85, City shall therefore be entitled to
100 per Day as liquidated damages for each Day or part thereof that actual
completion extends beyond the time specified.
B. Liquidated damages may be deducted from progress payments due Contractor,
Project retention or may be collected directly from Contractor, or from Contractor's
surety. These provisions for liquidated damages shall not prevent City, in case of
Contractor's default, from terminating the Contractor.
1.8 Utility Outages — Notices to Residents.
A. Should Contractor's operations require interruption of any utility service, Contractor
shall notify City at least ten (10) Days prior to the scheduled outage. Contractor will
notify all impacted residents on a form provided by City at least seven (7) Days prior
to the scheduled outage.
B. Contractor shall be responsible for providing, at its cost, any temporary utility or
facilities necessitated by the utility outage.
END OF SPECIAL CONDITIONS
61147.02100\29379545.1 _106_ 00 73 13 - SPECIAL CONDITIONS
01 00 00 — GENERAL REQUIREMENTS
PART 1 -- GENERAL
1.1 DESCRIPTION
This project includes the removal of all existing Street Name Signs and mounting
hardware within the City and the replacement with New Street Name Signs and
mounting hardware on the existing posts. New signs and mounting hardware shall
q, conform to the standards included in the Technical Provisions incorporated herein.
New signs and mounting hardware to be provided by the contractor.
1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE
PART 2 -- PRODUCTS
PART 3 -- EXECUTION
3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
A General. The Contractor shall utilize a properly licensed surveyor to perform all layout
surveys required for the control and completion of the Work, and all necessary surveys
to compute quantities of Work performed.
City and/or the Engineer of Record has established primary control to be used by
the Contractor for establishing lines and grades required for the Work.
Primary control consists of benchmarks and horizontal control points in the vicinity of
the Work. A listing and identification of the primary control is provided on the
Drawings. Before beginning any layout work or construction activity, the Contractor
shall check and verify primary control, and shall advise the City Representative of
B. any discrepancies.
Quantity surveys. The Contractor shall perform such surveys and computations as
are necessary to determine quantities of Work performed or placed during each
progress payment period, and shall perform all surveys necessary for the City
Representative to determine final quantities of Work in place. The City
Representative will determine final quantities based upon the survey data provided by
the Contractor, and the design lines and grades. If requested by the City
Representative, the Contractor shall provide an electronic copy of data used for
quantity computations.
All surveys performed for measurement of final quantities of Work and material shall
be subject to approval of City's Representative. Unless waived by City's
Representative in each specific case, quantity surveys made by the Contractor shall
be made in the presence of City's Representative.
Surveying
61147.02100\29379545 1 _107_ 01 00 00 - GENERAL REQUIREMENTS
1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances
specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot.
(b) Structure points shall be set within 0.01 foot, except where operational
function of the special features or installation of metalwork and equipment
require closer tolerances. When formwork has been placed and is ready for
concrete, the Contractor shall check the formwork for conformance with the
drawings and to ensure that the forms are sufficiently within the tolerance
limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and
vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2 -foot
contour intervals.
Records. Survey data shall be recorded in accordance with recognized professional
p surveying standards. Original field notes, computations, and other surveying data
shall be recorded on electronic data collectors or in standard field books and must be
of sufficient quality to enable the Contractor to prepare accurate record drawings as
required by the Contract Documents.
E Cost. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required for surveys for the layout of work and quantity surveys
shall be included in the Schedule of Pay Items for items of work requiring the surveys.
No additional compensation shall be made to the Contractor for this Work.
3.2 SCHEDULE
A.
Estimated Schedule. Within 14 Days after the issuance of the Notice to Proceed,
Contractor shall prepare a Project schedule and shall submit this to the Engineer for
Approval. The receipt or Approval of any schedules by the Engineer or the City shall
not in any way relieve the Contractor of its obligations under the Contract
Documents. The Contractor is fully responsible to determine and provide for any and
all staffing and resources at levels which allow for good quality and timely completion
of the Project. Contractor's failure to incorporate all elements of Work required for
the performance of the Contract or any inaccuracy in the schedule shall not excuse
the Contractor from performing all Work required for a completed Project within the
specified Contract time period. If the required schedule is not received by the time
B. the first payment under the Contract is due, Contractor shall not be paid until the
schedule is received, reviewed and accepted by the Engineer.
Schedule Contents. The schedule shall indicate the beginning and completion dates
of all phases of construction; critical path for all critical, sequential time related
activities; and "float time" for all "slack" or "gaps" in the non-critical activities. The
schedule shall clearly identify all staffing and other resources which in the
Contractor's judgment are needed to complete the Project within the time specified
for completion. The overall Project Schedule duration shall be within the Contract
time.
61147.02100\29379545.1 -108- 01 00 00 - GENERAL REQUIREMENTS
Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the
Engineer monthly when requested to,do so by Engineer. Contractor shall also
submit schedules showing a three week detailed look -ahead at bi-weekly meetings
conducted with the City. The Engineer may withhold progress payments or other
C. amounts due under the Contract Documents if Contractor fails to submit an updated
and accurate construction schedule.
3.3 PROTECTION OF WORK AND PROPERTY
All traffic detector loops, fences, walls, culverts, property line monuments, or other
obstructions (except property line monuments within five (5) feet of the centerline of
the mains) which are removed, damaged, or destroyed in the course of the Work,
A• shall be replaced or repaired to the original condition. If Contractor provides the City
with reasonable notice of the need for such repair or replacement, it shall be
performed by the City. If the Contractor fails to provide the City with reasonable
notice, the repair or replacement shall be performed by and at the expense of the
Contractor to the satisfaction of the City, whether or not those obstructions have
been shown on the Plans, unless otherwise stated herein. It is then the Contractor's
responsibility to employ at its expense a Licensed Land Surveyor to restore all
property line monuments located more than five (5) feet from the centerline of the
mains, which are destroyed or obliterated. Property line monuments located within
five (5) feet of the centerline of the mains will be replaced by the City at no expense
to the Contractor, provided the City is notified at least 48 hours before the property
line monuments are damaged.
B. Contractor shall provide such heat, covering, and enclosures as are necessary to
protect all Work, materials, equipment, appliances, and tools against damage by
weather conditions.
c.
Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid
damage thereto, and Contractor shall repair any damage thereto caused by the Work
operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to
cause minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3. Deliver materials to the Project site over a route designated by the Engineer.
4. Provide any and all dust control required and follow the Applicable air quality
regulations as appropriate. If the Contractor does not comply, the City shall have
the immediate authority to provide dust control and deduct the cost from
payments to the Contractor.
5. Confine Contractor's apparatus, the storage of materials, and the operations of
its workers to limits required by law, ordinances, permits, or directions of the
61147.02100\29379545.1 _109- 01 00 00 - GENERAL REQUIREMENTS
Engineer. Contractor shall not unreasonably encumber the Project site with its
materials.
6. Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by a civil engineer or land surveyor
acceptable to the City, at no cost to the City.
7. Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8. Preserve and protect from injury all buildings, pole lines and all direction, warning
and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Project site in a clean, safe
condition.
10. Comply with any stage construction and traffic control plans. Access to
residences and businesses shall be maintained at all times, unless otherwise
permitted in writing by the City.
These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the Work involved in the preservation of life,
safety and property as above specified shall be considered as included in the prices
paid for the various contract items of Work, and no additional allowance will be made
therefore.
E. Should damage to persons or property occur as a result of the Work, Contractor shall
be responsible for proper investigation, documentation, including video or
photography, to adequately memorialize and make a record of what transpired. The
City shall be entitled to inspect and copy any such documentation, video, or
photographs.
3.4. MATERIALS
Materials to be Furnished by the Contractor
Inspection of Materials. Materials furnished by the Contractor which will become a
part of the Project shall be subject to inspection at any one or more of the
following locations, as determined by City's Representative: at the place of
production or manufacture, at the shipping point, or at the site of the Work. To
allow sufficient time to provide for inspection, the Contractor shall submit to
City's Representative, at the time of issuance, copies of purchase orders or other
written instrument confirming procurement of the materials, including drawings
and other pertinent information, covering materials on which inspection will be
made.
2. No later than fourteen (14) Days prior to manufacture of material, Contractor
shall inform City's Representative, in writing, the date the material is to be
manufactured.
61147.02100\29379545.1 -110- 01 00 00 - GENERAL REQUIREMENTS
3. Contractors Obligations. The inspection of materials at any of the locations
specified above or the waiving of the inspection thereof shall not impact whether
the materials and equipment conform to the Contract Documents. Contractor will
not be relieved from furnishing materials meeting the requirements of the Contract
Documents due to City's inspection or lack of inspection of the equipment or
materials. Acceptance of any materials will be made only after materials are
installed in the Project.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to accommodate City's testing efforts,
including any travel required by Contractor's forces, shall be included in
Contractor's bid and distributed in the Schedule of Pay Items related to the
materials requiring testing. No additional compensation shall be made to the
Contractor for this Work.
3.5 LOCAL CONDITIONS AND REQUIREMENTS
Access to Work and Haul Routes
A' 1. General. All work on the rights-of-way necessary for access to the Site shall be
performed by the Contractor.
Access, Damage, Restoration. The Contractor shall make his own investigation of
the condition of available public or private roads and of clearances,
restrictions, bridge -load limits, permit or bond requirements, and other limitations
that affect or may affect transportation and ingress or egress at the Site. Claims
for changes in Contract Price or Contract Times arising out of the unavailability
of transportation facilities or limitations thereon shall not be considered by City.
3. The Contractor shall maintain and repair any damage arising out of Contractor's
operations to all roads used during construction of the Project, and upon
completion of all Work, but prior to final acceptance, the roads shall be restored
to their original condition. Prior to using any road for access to the Site, the
Contractor shall conduct a photograph and/or video survey of the roadway with a
copy submitted to City's Representative.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to complete this Work, shall be included in
B Contractor's bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Power. Contractor shall provide at its own expense all necessary power required for
operations under the contract. The Contractor shall provide and maintain in good
C. order such modern equipment and installations as shall be adequate in the opinion of
the Engineer to perform in a safe and satisfactory manner the Work required by the
contract.
Construction Water.
1. Construction water shall not be used for purposes other than those required to
satisfactorily complete the contract.
61147.02100\29379545.1 -111- 01 00 00 - GENERAL REQUIREMENTS
Lid
2. All connections to the City's water system used for the purposes of obtaining
construction water shall utilize a temporary construction meter and backflow
prevention device supplied by the City. The City -furnished backflow prevention
device shall be tested immediately after installation and the construction meter
and backflow prevention device shall not be placed into service until the backflow
prevention device passes such tests. Backflow prevention device testing shall be
performed in accordance with the most recent edition of the Manual of Cross -
Connection Control as published by the University of Southern California by a
person selected from City of San Juan Capistrano "City -Approved Certified
Backflow Assembly Testers" list, and test results shall be provided to the
Engineer. If the temporary construction meter and backflow prevention device
are moved to alternate location(s) during construction, the backflow prevention
device shall again be tested as described above immediately after re -installation.
3. For each temporary construction meter requested by the Contractor for the
performance of work under this contract, an amount equivalent to the deposit
requirement for temporary construction meters listed in the current approved
version of the City's Policies and Procedures Manual shall be withheld from the
final contract payment until the temporary construction meters are returned.
Operation of Existing Water Facilities
1. The Contractor shall not operate any of the existing water systems, including
pumps, motors, and hydrants, but shall contact the City two (2) working days in
advance with a list and location of the water system facilities that will require
operating, opening, stopping, or closure by the City.
2. At the option of the Engineer, the Contractor may be permitted to operate valves
for the purpose of making connections to existing mains. The City will perform all
notification to existing customers regarding temporary loss of service.
a
3. Contractor shall submit a request on City's standard form for any shut -down of
E existing water facilities.
Construction at Existing Utilities
General. Where the Work to be performed crosses or otherwise interferes with
water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities,
the Contractor shall perform construction in such a manner so that no damage
will result to either public or private utilities. It shall be the responsibility of the
Contractor to determine the actual locations of, and make accommodates to
maintain, all utilities.
2. Permission, Notice and Liability. Before any utility is taken out of service,
permission shall be obtained by the Contractor from the owner. The owner, any
impacted resident or business owner and the City Representative will be advised
of the nature and duration of the utility outage as well as the Contractor's plan for
providing temporary utilities if required by the owner. The Contractor shall be
liable for all damage which may result from its failure to maintain utilities during
the progress of the Work, and the Contractor shall indemnify City as required by
the Contract Documents from all claims arising out of or connected with damage
61147.02100\29379545.1 -112- 01 00 00 - GENERAL REQUIREMENTS
to utilities encountered during construction; damages resulting from disruption of
service; and injury to persons or damage to property resulting from the negligent,
accidental, or intentional breaching of utilities.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to complete this Work, shall be included in
Contractor's bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Traffic Control
1. General. Contractor shall abide by traffic control plans approved by the
appropriate jurisdiction.
2. Protections. Roads subject to interference by the Work shall be kept open or
suitable temporary passages through the Work shall be provided and maintained
by the Contractor. The Contractor shall provide, erect, and maintain all necessary
barricades, suitable and sufficient flasher lights, flag persons, danger signals, and
signs, and shall take all necessary precautions for the protection of the Work and
the safety of the public. No construction work along public or private roads may
proceed until the Contractor has proper barricades, flasher lights, flag persons,
signals, and signs in place at the construction site.
3. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to complete this Work, shall be included in
Contractor's bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Cleaning Up
Contractor at all timed shall keep premises free from debris such as waste,
rubbish, and excess materials and equipment. Contractor shall not store debris
under, in, or about the premises. Contractor shall also clean all asphalt and
concrete areas to the degree necessary to remove oil, grease, fuel, or other
stains caused by Contractor operations or equipment. The use of water,
resulting in mud on streets, will not be permitted as substitute for sweeping or
other methods. Dust control may require having a water truck onsite for the
duration of the project, and/or use of temporary hoses and pipelines to convey
water.
2. Contractor shall fully clean up the site at the completion of the Work. If the
Contractor fails to immediately clean up at the completion of the Work, the City
A. may do so and the cost of such clean up shall be charged back to the Contractor.
3.6 ENVIRONMENTAL QUALITY PROTECTION
Landscape and Vegetation Preservation
General. The Contractor shall exercise care to preserve the natural landscape
and vegetation, and shall conduct operations so as to prevent unnecessary
61147 02100\29379545.1 -113- 01 00 00 - GENERAL REQUIREMENTS
B.
destruction, scarring, or defacing of the natural surroundings in the vicinity of the
Work.
2. Damage and Restoration. Movement of crews and equipment within the rights-of-
way and over routes provided for access to the Work shall be performed in a
manner to prevent damage to property. When no longer required, construction
roads shall be restored to original contours.
3. Upon completion of the Work, and following removal of construction facilities
and required cleanup, land used for construction purposes and not required for
the completed installation shall be scarified and regraded, as required, so that all
surfaces are left in a condition that will facilitate natural revegetation, provide for
proper drainage, and prevent erosion.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to complete this Work, shall be included in
Contractor's bid and distributed in the Schedule of Pay Items. No additional
compensation shall be made to the Contractor for this Work.
Protected Species
General. If, in the performance of the Work, evidence of the possible
occurrence of any Federally listed threatened or endangered plant or animal is
discovered, the Contractor shall notify the City Representative immediately, giving
the location and nature of the findings. Written confirmation of the evidence,
location and nature of the findings shall be forwarded to City within 2 Days.
2. Procedures. The Contractor shall immediately cease all construction activities in
the immediate area of the discovery to the extent necessary to protect the
endangered plant or animal.
If directed by the City Representative, Contractor will refrain from working in the
immediate area, suspend the Work in its entirety, or alter its performance to
ensure full compliance with all applicable permits, laws and regulations. Any City
directed changes to the Work as a result of a siting will be pursuant to the Contract
Documents.
3. False Siting. Any costs or delays incurred by City or the Contractor due to
unreasonable or false notification of an endangered plant or animal will be borne
by the Contractor.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all
c. material, equipment, and labor required to comply with this paragraph, shall
be included in Contractor's bid and distributed in the Schedule of Pay Items. No
additional compensation shall be made to the Contractor for this Work.
Preservation of Historical and Archeological Resources
1. General. If, in the performance of the Work, Contractor should unearth cultural
resources (for example, human remains, animal bones, stone tools, artifacts
and/or midden deposits) through excavation, grading, watering or other means,
61147.02100\29379545.1 -114- 01 00 00 - GENERAL REQUIREMENTS
the Contractor notify the Construction/Archeological Monitor and/or the
City Representative immediately, giving the location and nature of the findings.
Written confirmation of the evidence, location and nature of the findings shall be
forwarded to the Construction/Archeological Monitor and/or City within 2 Days.
2. Procedures. The Contractor shall immediately cease all construction activities in
the immediate area of the discovery to the extent necessary to protect the
cultural resource.
If directed by the City Representative, Contractor will refrain from working in the
immediate area, suspend the Work in its entirety, or re -sequence and/or alter its
performance to ensure full compliance with all applicable permits, laws and
regulations. Should the presence of cultural resources be confirmed, the
Contractor will assist the City Representative and the
Construction/Archeological Monitor in the preparation and implementation of a
data recovery plan. The Contractor shall provide such cooperation and
assistance as may be necessary to preserve the cultural resources for removal or
other disposition. Any City directed changes to the Work as a result of the cultural
resource will be pursuant to the Contract Documents.
3. Contractor's Liability. Should Contractor, without permission, injure, destroy,
excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it
will be subject to disciplinary action, arrest and penalty under applicable law.
The Contractor shall be principally responsible for all costs of mitigation and/or
restoration of cultural resources related to the unauthorized actions identified
above. Contractor shall be required to pay for unauthorized damage and
mitigation costs to cultural resources (historical and archeological resources) as
a result of unauthorized activities that damage cultural resources and shall
indemnify City pursuant to the Contract Documents.
4. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to comply with this paragraph, shall
be included in Contractor's bid and distributed in the Schedule of Pay Items. No
D. additional compensation shall be made to the Contractor for this Work.
Dust and Pollution Control
1. Contractor shall provide all necessary material, equipment and labor to prevent
and control the emission of dust and any other potential pollutant on site.
2. Contractor shall not discharge into the atmosphere from any source smoke,
dust or other air contaminants in violation of the law, rules, and regulations of
the governing agency.
E 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all
material, equipment, and labor required to comply with this paragraph, shall
be included in Contractor's bid and distributed in the Schedule of Pay Items. No
additional compensation shall be made to the Contractor for this Work.
Management of Storm, Surface and Other Waters
61147.02100\29379545.1 -115- 01 00 00 - GENERAL REQUIREMENTS
Storm water, surface water, groundwater, and nuisance, or other waters may be
encountered at various times during construction of the Project. Federal and
State laws require the City and its contractors to manage such waters pursuant
to the requirements of California State Water Resources Control Board Order
Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter
Cologne Water Quality Control Act. Contractor acknowledges that it has
investigated the risk arising from such waters in conjunction with the Project, and
assumes any and all risks and liabilities arising therefrom.
2. The Contractor shall perform all construction operations in such a manner as to
comply, and ensure all subcontractors to comply, with all applicable Federal,
State, and local laws, orders, and regulations concerning the control and
abatement of water pollution; and all terms and conditions of any applicable
permits issued for the Project. In the event there is a conflict between Federal,
State, and local laws, regulations, and requirements, the most stringent shall
apply.
3. Contractor violations. If noncompliance should occur, the Contractor shall report
this to the City Representative immediately, with the specific information
submitted in writing within 2 Days. Consistent violations of applicable Federal,
State, or local laws, orders, regulations, or Water Quality Standards may result in
City stopping all site activity until compliance is ensured. The Contractor shall not
be entitled to any change in Contract Price or Contract Times, claim for damage,
or additional compensation by reason of such a work stoppage. Corrective
measures required to bring activities into compliance shall be at the Contractor's
expense.
4. Compliance with Construction General Storm water Permit. Contractor shall be
required to comply with all aspects of the State Water Resources Control Board
(State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant
Discharge Elimination System General Permit for Storm Water ;Discharges
Associated with Construction Activity (Permit) for all projects that involve
construction on or disturbance of one acre or more of land or which are part of a
larger common area of development.
(a) Contractor shall prepare and implement a Storm Water Pollution Prevention
Plan (SWPPP) for the Project site based on the appropriate Risk Level
requirements, and draft and coordinate submittal of all Permit related
documents with City's Legally Responsible Person and/or Authorized
Signatory as those terms are defined in the Permit. The Contractor shall
submit the SWPPP to the City Representative for review not less than
fifteen (15) Days prior to the start of on- site construction work. City will file
the Notice of Intent and pay the filing fee.
(b) The SWPPP shall be developed by a Qualified SWPPP Developer and
implemented by a Qualified SWPPP Practitioner as those terms are defined in
the Permit and shall include industry standard requirements for water quality
control including but not be limited to the following:
(1) Sediment and erosion control measures to manage sediment and
erosion including vegetative practices, structural control, silt fences,
straw dikes, sediment controls or operator controls as appropriate.
61147.02100\29379545.1 -116- 01 00 00 - GENERAL REQUIREMENTS
Storm water management measures shall be instituted as required,
including velocity dissipaters, and solid waste controls shall address
controls for building materials and offsite tracking of sediment.
(2) Wastewater and storm water management controls to divert offsite
surface flows around the Project site and to divert surface flows within
the Project area away from areas of open earth or stockpiles of building
and other materials. Wastewater from general construction activities,
such as drain water collection, aggregate processing, concrete batching,
drilling, grouting, or other construction operations, shall not enter
flowing or dry watercourses without having met the authorized non -
storm water discharge requirements listed in State Board Water Quality
Order No. 2009-0009-DWQ, Section III.C., including proper notification
to the Regional Water Board.
(3) Pollution prevention measures including methods of dewatering,
unwatering, excavating, or stockpiling earth and rock materials which
include prevention measures to control silting and erosion, and which
will intercept and settle any runoff of sediment -laden waters.
(4) Turbidity prevention measures for prevention of excess turbidity
including, but are not restricted to, intercepting ditches, settling ponds,
gravel filter entrapment dikes, flocculating processes, recirculation,
combinations thereof, or other approved methods that are not harmful
to aquatic life. All such wastewaters discharged into surface waters,
shall contain the least concentration of settleable material possible, and
shall meet all conditions of section 402, the National Pollutant
Discharge Elimination System (NPDES) permit.
(5) Overall construction site management measures to address changes at
the Project site as the Project moves through different phases and
changes that account for rainy and dry season management practices.
(6) Pollution control measures and construction activity methods that will
prevent entrance, or accidental spillage, of solid matter, contaminants,
debris, or other pollutants or wastes, into streams, flowing or dry
watercourses, lakes, wetlands, reservoirs, or underground water
sources. Such pollutants and wastes include, but are not restricted
to: refuse, garbage, cement, sanitary waste, industrial waste,
hazardous materials, radioactive substances, oil and other petroleum
products, aggregate processing, tailings, mineral salts, and thermal
pollution.
(7) Control measures for stockpiled or deposited materials prohibiting the
stockpile or deposit of excavated materials, or other construction
materials, near or on stream banks, lake shorelines, or other
watercourse perimeters where they can be washed away by high water
or storm runoff, or can, in any way, encroach upon the watercourse.
(8) Develop and implement a Rain Event Action Plan (REAP), if required, that
must be designed and implemented to protect all exposed portions of
the site 48 hours prior to any likely precipitation event.
(9) Monitoring, reporting and record keeping, as necessary to achieve
61147.02100\29379545.1 -117- 01 00 00 - GENERAL REQUIREMENTS
compliance with applicable Permit requirements, including but not limited
to annual reports and rain event reports.
(c) Before any Permit related documents, including the SWPPP, rain event
reports, or annual reports may be submitted to the State Board or
implemented on the Project site, they must first be reviewed and approved by
City.
(d) City retains the right to procure and maintain coverage under the Permit for
the Project site if the Contractor fails to draft a SWPPP or other Permit
related document, or fails to proceed in a manner that is satisfactory to City.
City reserves the right to implement its own SWPPP at the Project site, and
hire additional contractors to maintain compliance. Whether Contractor has
adequately maintained compliance with the Permit shall be City's sole
determination. In the event that Contractor has failed or is unable to
maintain compliance with the Permit, any costs or fines incurred by City in
implementing a SWPPP, or otherwise maintaining compliance with the
Construction General Permit shall be paid by the Contractor.
(e) Failure to implement the SWPPP or otherwise comply with the Permit is a
violation of federal and state law. Contractor hereby agrees to indemnify City
as required by the Contract Documents for any noncompliance or alleged
noncompliance with the Permit arising out of or in connection with the
Project, except for liability resulting from the sole established negligence,
willful misconduct or active negligence of City. City may seek damages
from Contractor for delay in completing the Contract in accordance with the
Contract Documents, caused by Contractor's failure to comply with the
Permit.
5. In addition to compliance with the Permit, Contractor shall comply with the
lawful requirements of any applicable municipality, district, drainage district, flood
control district, and other local agencies regarding discharges of storm water,
surface water, groundwater or other nuisance waters off of the Project site.
6. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter
referred to collectively as oil) storage tanks shall be placed at least 20 feet
from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and
any other water source.
(b) Storage area dikes. Storage areas shall be diked at least 12 inches high or
graded and sloped to permit safe containment of leaks and spills equal to the
capacity of all tanks and/or containers located within each area, plus a
sufficient amount of freeboard to contain the 25 -year rainstorm.
(c) Diked area barriers. Diked areas shall have an impermeable barrier at least
10 mils thick. Areas used for refueling operations shall have an impermeable
liner at least 10 mils thick buried under 2 to 4 inches of soil.
(d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the
location of a construction site is such that oil from an accidental spillage could
reasonably be expected to enter into or upon the navigable waters of the
61147.02100\29379545.1 -118- 01 00 00 - GENERAL REQUIREMENTS
United States or adjoining shorelines, and the aggregate storage of oil at the
site is over 1,320 gallons or a single container has a capacity in excess of 660
gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall
submit the SPCC Plan to the Engineer at least 30 days prior to delivery or
storage of oil at the site. The Plan must have been reviewed and certified
by a registered professional engineer in accordance with 40 C.F.R., part 112
7. Underground tank prohibition. The Contractor shall not use underground
storage tanks.
8. Construction safety standards. The Contractor shall comply with the sanitation
and potable water requirements of Section 7 of United States Bureau of
Reclamation's publication "Reclamation Safety And Health Standards."
9. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions.
The Contractor shall obtain all other necessary licenses and permits.
(b) Monitoring. The Contractor is required to conduct monitoring in order to meet
the requirements of the permits, which may include sampling, testing and
inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by
the permits for the time specified in the contract.
10. Cost. Except as specified herein, the cost of complying with this section shall
be included in the Schedule of Pay Items for work which necessitate the water
pollution prevention measures required by this paragraph.
END OF GENERAL REQUIREMENTS
61147 02100\29379545.1 -119- 01 00 00 - GENERAL REQUIREMENTS
EXHIBIT "A"
CHANGE ORDER FORM
City of San Juan Capistrano
Contract Change Order #
Project:
Contract No.:
Contractor:
Owner: City of San Juan Capistrano
Change Order No.:
Orig. Contract Amt.: $
Prev. Appvd. Changes: $
This Change: $
Revised Contract Amt.: $
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 493-1171
Days
Days
Days
Days
This Change Order covers changes to the subject contract as described herein. The Contractor
shall construct, furnish equipment and materials, and perform all work as necessary or required
to complete the Change Order items for a lump sum price agreed upon between the Contractor
and City of San Juan Capistrano, otherwise referred to as Owner.
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the
Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano.
Contract Change Order #,
Page 1 of 2
61147.02100\29379545.1 EXHIBIT "A"
Change Order Form
Increase/
Contract
(Decrease)
Time
Item
Description of Changes
in Contract
Extension,
No.
Amount
Days
1
2
Totals
$
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the
Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano.
Contract Change Order #,
Page 1 of 2
61147.02100\29379545.1 EXHIBIT "A"
Change Order Form
The amount of the contract will be increased by the sum of $and the contract time shall be
extended by working days. The undersigned Contractor approves the foregoing Change Order # as
to the changes, if any, in the contract price specified for each item including any and all supervision
costs and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor
agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly
or indirectly related to the approved time extension, required to complete the Change order items.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that the Change Order shall be effective when approved by the Owner.
Contractor accepts the terms and conditions stated above as full and final settlement of any and all
claims arising out of or related to the subject of this Change Order and acknowledges that the
compensation (time and cost) set forth herein comprises the total compensation due for the work or
change defined in the Change Order, including all impact on any unchanged work. By signing this
Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes
payment for all Work contained in the Change Order, plus all payment for any acceleration or
interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all
Work under this Contract. The signing of this Change Order acknowledges full mutual accord and
satisfaction for the change and that the stated time and/or cost constitute the total equitable
adjustment owed the Contractor as a result of the change. The Contractor hereby releases and
agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further
claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall
arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under
the Contract.
Accepted:
Recommended:
Approved:
(Signature) Contractor's Authorized Representative Date
(Signature) [**INSERT NAME, TITLE"']
Date
(Signature) [**INSERT NAME, TITLE—] Date
Item Justification for Change(s)
No.
1
2
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the
Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano.
Contract Change Order #
Page 2 of 2
61147.02100\29379545.1 2 EXHIBIT "A"
Change Order Form
EXHIBIT "B"
CITY WIDE STREET NAME SIGN REPLACEMENT PROJECT CIP 11101
SPECIAL PROVISIONS
BID ITEMS NO. 1 - MOBILIZATION.
Mobilization shall conform to the provisions included herein. Payment shall be
lump sum with 65% paid at the beginning of sign installation and the remaining
35% paid after the completion of all sign installations and the removal, storage
and disposal of all used and replaced sign material and hardware.
BID ITEMS NO. 2 — REMOVE ALL EXISTING RESIDENTIAL STREET NAME
SIGNS AND EXISTING HARDWARE AND REPLACE WITH NEW DOUBLE
FACED SIX INCH WIDE RESIDENTIAL STREET NAME SIGNS AND NEW
HARDWARE CITYWIDE.
Contractor shall provide all labor, equipment and material necessary to remove
all existing post mounted residential street name signs and hardware and replace
with a new double faced six (6) inch wide street name sign (lengths vary) with
new mounting hardware. Existing posts to remain unless deemed unusable by
the City Inspector. New signs and mounting hardware to be provided by the
contractor. Mounting hardware shall be MDSolutions, Inc. 120RCX300 and
512CPX090, or equal.
BID ITEMS NO. 3 - REMOVE ALL EXISTING STREET NAME SIGNS ALONG
MAJOR STREETS AND EXISTING HARDWARE AND REPLACE WITH NEW
DOUBLE FACED NINE INCH WIDE STREET NAME SIGNS AND NEW
HARDWARE CITYWIDE.
Contractor shall provide all labor, equipment and material necessary to remove
all existing post mounted street name signs and hardware located along major
streets and replace with a new double faced nine (9) inch wide street name sign
(lengths vary) with new mounting hardware. Existing posts to remain unless
deemed unusable by the City Inspector. New signs and new mounting hardware
to be provided by the contractor. Mounting hardware shall be MDSolutions, Inc.
120RCX300 and 512CPX090, or equal.
Major streets are:
MAJOR STREETS
--------- ----- -
1 Alipaz St
2 Calle Arroyo — between Rancho Viejo Rd & La
Novia Ave
3 1 Camino Capistrano
4 1 Camino Del Avion
EXHIBIT "B"
EXHIBIT "B"
5
Camino Las Rambles
Del Obispo St
Highland Dr
6
7
8
La Novia Ave
9
Ortega Highway
10
Rancho Viejo Rd
11
San Juan Creek Rd
12
Stonehill Dr
13
Trabuco Creek Rd
14
Valle Rd
BID ITEMS NO. 4 — REMOVE ALL EXISTING TRAFFIC SIGNAL MAST ARM
OVERHEAD STREET NAME SIGNS AND EXISTING MOUNTING HARDWARE
AND REPLACE WITH NEW DOUBLE FACE EIGHTEEN INCH WIDE BY
NINETY SIX INCH LONG OVERHEAD STREET NAME SIGNS AND NEW
HARDWARE AT INTERSECTIONS CITYWIDE.
Contractor shall provide all labor, equipment and material necessary to remove
all existing traffic signal mast arm mounted overhead street name signs and
hardware and replace with a new double faced eighteen (6) inch wide by ninety
six (96) inch long overhead street name sign with new mounting hardware. New
signs and mounting hardware to be provided by the contractor. Mounting
hardware shall be Oscillating Mast Arm Bracket — Adj. MDSolutions, Inc. -
OMB100ADJ or Equal
BID ITEM NO. 5 - REMOVE EXISTING SIGN POST AND REPLACE WITH THREE (3)
INCH O.D. STEEL GALVENIZED POST.
Contractor shall provide all labor, equipment and material necessary to remove
the existing damaged post and foundation as directed by the City Inspector. A
new three (3) inch nominal diameter (2 7/8 O.D.) schedule 40 galvanized steel
post shall be installed at the same location or at a location determined by the City
Inspector. The new galvanized steel post and installation shall be in conformance
with the Technical Specifications included in this contract.
EXHIBIT "B"
EXHIBIT "C"
1.00 TECHNICAL PROVISIONS - TRAFFIC STREET NAME SIGNS
1.01 SCOPE OF WORK
The work to be done consists, in general, removal and installation of street name
signs as shown on the plans and as described below. Items or details not
specifically mentioned in the following Sub -Sections that are required by the
project plans, in the applicable 2010 Caltrans Standard Specifications, 2010
Caltrans Standard Plans, City of San Juan Capistrano Standard Plans, Standard
Specifications for Public Works Construction (SSPWC) or these Special
Provisions shall be performed, constructed or installed.
1.02 SIGNS ROADSIDE SIGNS) AND MARKERS
This section shall conform to Section 56-2, "Furnish Signs Panels," of the
Caltrans Standard Specifications and these Special Provisions.
A. GENERAL
All new signs shall be furnished and installed by the Contractor. The street
name sign sizes, messages, and colors shall conform to the current edition of
the City of San Juan Capistrano Standard Plan No. 600, Caltrans Sign
Specifications and current California Manual on Uniform Traffic Control
Devices. All other sign sizes shall be the standard size shown in the Sign
Specifications_ unless shown otherwise on the plans. The sign backing
material shall be extruded aluminum.
All signs installed in parkways, sidewalks or pedestrian areas shall have a
minimum of 7 feet of vertical clearance from $he bottom of the lowest sign to
the surrounding surface. Street name signs shall have a minimum 10 feet of
vertical clearance. All signs installed in raised median areas shall have a
minimum vertical clearance of 4 feet from the existing surface unless shown
otherwise on the plans.
If signposts are not long enough to provide standard clearance for all signs, a
longer post shall be furnished and installed. Signs shall be installed facing
approaching traffic unless shown otherwise on the plans or as directed by
City Engineer. In no case shall signs be installed on wood utility poles or on
wood street light poles.
B. MATERIAL AND HARDWARE
Street Name Signs shall be fabricated using 0.125 -inch thick extruded
t -blade aluminum sheeting.
2. Overhead street name signs mounted on traffic signal mast arms shall
be fabricated using 0.125 -inch thick extruded T -blade aluminum
sheeting.
EXHIBIT "C"
3. ASTM D4956 Type IV (High Intensity Prismatic or equivalent) reflective
sheeting shall be used for the followings:
a. All Street Name signs
4. All signs, shall have graffiti coating or film (such as 3M 1160 Overlay)
as recommended by the manufacturer of the reflective material.
Neither the color nor the reflective intensity of the finished sign panel
shall be significantly diminished by the use of graffiti remover when
used in a manner approved by City and the sheeting manufacturer.
5. Mounting Hardware shall be:
MDSolutions, Inc. - Round Post Cap 120RCX300 or Equal
MDSolutions, Inc. - 900 Cross Piece 512CPX090 or Equal
MDSolutions, Inc. - Oscillating Mast Arm Bracket — Adj.
OMB100ADJ or Equal
All post mounting hardware shall include vandal proof head bolts.
Reflective sheeting will be applied to the sign panel utilizing the method
approved by the manufacturer of the sheeting and shall produce a durable
bond equal to or greater than the strength of the reflective sheeting. No air
pockets or bubbles shall exist between the sheeting and the aluminum
backing. All sign panels furnished by the Contractor shall be new with no
scratches or tears in the reflective sheeting.
No splice will be allowed in the sign panel reflective sheeti6g other than that
which occurs in the manufactured roll of reflective sheeting on sign panels
with a minor dimension of 48" or less. On all rectangular sign panels, the
splice will be horizontal. No finished sign panel shall have more than one (1)
splice and no splice will fall within 2" of the sign panel edge. When splices do
occur, the adjoining reflective sheets shall be color matched under both
incident and reflective light.
Prior to sign installation the contractor will provide a Certificate of Compliance
for the signs.
Section 56-4.02B, Metal Posts, shall be deleted and replaced with the
following paragraph:
New street name signs shall be installed on existing posts. When a new
post is called for it shall be installed per City of San Juan Capistrano
requirements using standard thickness 3" (2 7/8 O.D.) round galvanized
steel pipe, schedule 40, 12'-0" long, galvanized and provided with 1/2" x8"
anchor rod, 3" from the bottom. All posts shall be set in a 12" round by 24"
2
EXHIBIT "C"
deep concrete footing. Expansion paper shall be placed between footing
and any existing concrete surface.
Section 56-4.02C, "Wood Posts," of the Caltrans Standard Specifications
shall be deleted.
Section 56-4.02D, "Laminated Wood Box Posts," of the Caltrans Standard
Specifications shall be deleted.
The third paragraph of Section 56-4.02E, "Sign Panel Fastening Hardware,"
of the Caltrans Standard Specifications shall be deleted.
The fourth paragraph of Section 56-4.02E, "Sign Panel Fastening Hardware,"
of the Caltrans Standard Specifications shall be deleted.
C. INSTALLATION AND REMOVAL
Section 56-4.03, "Construction," of the Caltrans Standard Specifications shall
be deleted and replaced with the following:
The Contractor shall install new and relocate existing signs as noted on
the plans, shall protect -in-place existing signs, posts and parking meters
which are not to be removed, and shall replace any of these signs which
are damaged during construction.
Sign to be mounted on streetlight or traffic signal poles shall be installed
using the strap and saddle bracket method as shown on Caltrans
Standard Plan RS -4. Sign panels on traffic signal mast arms shall' be
installed per Caltrans Standard Plan ES -7N, Detail U. Signs mounted on
streetlight poles (electroliers) shall be mounted so as not to cover
electrolier identification tags.
New signs shall be installed on existing posts unless a new post is called
out by the City Inspector. New posts shall be 12 foot posts, except a
longer post shall be used if necessary to maintain a 7 foot vertical
clearance from the bottom of the lowest sign to the top of the surrounding
surface in pedestrian areas. Sign posts shall be installed a minimum of 6
feet from power poles, fire hydrants, and other obstructions.
All existing signs and and existing hardware to be salvaged, as called for
on the plans, shall be become property of the Contractor.
Where called out on the plans or as directed by City Engineer, posts
driven sign post anchors shall be completely removed and the sign post
anchor assembly hole backfilled with clean fill dirt to match the existing
surrounding grade (non -paved areas only). Driven sign post anchors in
3
EXHIBIT "C"
sidewalk or pavement areas shall be completely removed and backfilled
with grout to the level of the surrounding grade.
Where called out on the plans or as directed by City Engineer, sign posts
with foundations in parkway area shall be completely removed and
backfilled with clean fill dirt to match the grade of the surrounding area.
Sign posts located within sidewalk or other paved areas, shall core drill the
sidewalk and remove the sign post to below sidewalk or paving then
backfilled with concrete or paving material to match the existing.
4
3019, 36", OR 42"
I" min Santa Barbara
1#1 10.5" Border I� 3_5" Style Letters
� Rue jos Lerritc
4" Upper Case, 2.5" Lower Case - 6" Sign
6" Upper Case, 4.5" Lower Case - 9" Sign
0.375" Dia., 3.5" O.C. Perforations Located 0.375" From Edge, Top & Bottom, Centered on Sign Lenth.
For Signs Mounted on Round Post Cap, Perforations shall be 0.375" Dia., 6" O.C. on the Bottom and
3.5" O.C. on the Top.
Notes:
1. Color of legends, letters, borders, etc. shall be white on a screened pantone 476C background color.
Unless noted otherwise, same message shall be on both sides of the sign.
2. The retro -reflective material shall be High Intensity Prismatic (HIP) and meet or exceed ASTM
4956 Type IV sheeting requirements.
3. All signs shall be faced with 3M -1160a anti -graffiti film, or equivalent.
4. Sign blade shall be aluminum, extruded t -blade and 0.125" thick.
5. Minor vertical adjustment may be made to spacing between street name and border to accommodate
letters g, j, p, q, and y.
6. Street name should not be abbreviated. Suffix should be abbreviated.
7. Exception to this Std. Plan No. 600 requires prior approval from the City.
Hardware:
• Pole to Sign Brackets shall be 3" O.D. Round Post Cap Type With a 12", in Length, Extruded Blade
Holder. Sign Blade and Sign bracket shall be both fastened with 5/16" - 18 x 3/4" Vandal Proof
Button Head Bolts. Clearance holes shall be 9/16" Dia. and 6" O.C.
0 Sign to Sign Brackets shall be 90 Degree Cross Piece Type With 5.5" in Length Extruded Blade
Holders, Top and Bottom. Sign blades shall be fastened with 5/16" - 18 x 3/4" Vandal Proof Button
Head Bolts. Clearance holes shall be 9/16" Dia. and 3.5" O.C.
Acceptable Suffix Abbreviations:
Avenue
Ave
Drive
Dr
Highway
Hwy
Boulevard
Blvd
Expressway
Expwy
Lane
Ln
Center
Cntr
Freeway
Frwy
Loop
Lp
Circle
Cir
Glen
Gln
Parkway
Pkwy
Court
Ct
Place
Pi
Street
St
Common
Com
Plaza
PIZ
Terrace
Ter
Crossing
XING
Road
Rd
Trail
Tr
Way
Wy
REVISIONS city of San Juan Capistrano
3ATIM SIGN TYPE STREET NAME SIGN
MATERIAL & BRACKETS
ALVAREZ R.C.1h5161 / DX
STANDARD
PLAN NO.
.11