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City of Azusa1111"
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: NASSER ABBASZADEH,CITY ENGINEER 4i. /1 •
VIA: RICK COLE,CITY MANAGER4C,
DATE: JANUARY 5, 1999
SUBJECT: APPROVAL OF CONTRACT DOCUMENTS FOR TRAFFIC SIGNAL MAINTENANCE
SERVICE CONTRACT,PROJECT NUMBER 99-1
Recommendation
It is recommended that the City Council approve the attached contract documents for"Traffic Signal
Maintenance Service Contract" and authorize the City Clerk's Office to advertise for the same.
Background
Presented for your review and approval are the contract documents for Traffic Signal Maintenance
Service Contract.The current Agreement with the service provider is due to expire in June 2002.The
contractor has, however, requested termination of the Service Agreement as "conditions of
foreclosure." The current contractor will provide service until mid-night, February 28, 1999. The
attached documents are for a five year Contract through June 2004.
The traffic signal list in the specifications is expanded to cover the new traffic signal at the
intersection of Cerritos and Newburgh, which should be in place and operational by the end of
February 1999.
Fiscal Impact
The current contract for the routine maintenance is $15,912 a year and the extra-ordinary
maintenance is for$47,000 per year.
Attachment
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CITY OF AZUSA
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
TRAFFIC SIGNAL MAINTENANCE SERVICE CONTRACT
PROJECT NO.99-1
JANUARY 1999
PREPARED UNDER THE SUPERVISION OF:
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No. 39370 s
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NASSER ABBASZADEH,CITY ENGINEER
TABLE OF CONTENTS
PAGE
NOTICE INVITING BIDS NIB- 1
RECEIPT OF PROPOSALS NIB - 1
DESCRIPTION OF WORK NIB- 1
COMPLETION OF WORK NIB - 1
MANDATORY PRE-BID JOB WALK NIB - 1
DRAWINGS AND SPECIFICATIONS NIB - 1
GUARANTEE NIB- 1
PREVAILING WAGE RATES NIB - 1
PAYMENT NIB -2
OPENING OF PROPOSALS NIB -2
CITY'S RIGHTS RESERVED NIB -2
INSTRUCTION TO BIDDERS NIB-3
PROPOSAL NIB -3
DISCREPANCIES IN PROPOSALS NIB-3
PROPOSAL GUARANTEE NIB -3
BIDDER'S EXAMINATION OF SITE NIB -3
COMPETENCY OF BIDDER'S NIB 4
DISQUALIFICATION OF BIDDER'S NIB -4
RETURN OF PROPOSAL GUARANTEE NIB -4
AWARD OF CONTRACT NIB -4
EXECUTION OF CONTRACT NIB -4
NON-DISCRIMINATION IN EMPLOYMENT NIB -4
PROPOSAL P- 1
BIDDING SCHEDULE P-2
LIST OF MATERIAL AND EQUIPMENT MANUFACTURERS P-4
LIST OF SUBCONTRACTORS P- 5
CONTRACTOR'S EQUIPMENT P- 6
MANDATORY FORM-BID BOND P- 7
INFORMATION REQUIRED OF BIDDER P- 8
CONTRACTOR'S LICENSE DECLARATION P- 9
AGREEMENT A- 1
FAITHFUL PERFORMANCE BOND A- 3
LABOR AND MATERIAL BOND A-4
ESCROW AGREEMENT A- 6
i
TABLE OF CONTENTS
PAGE
GENERAL CONDITIONS GC- 1
SECTION 1 -DEFINITIONS AND ABBREVIATIONS GC- 1
1.01 DEFINITIONS GC- 1
1.02 ABBREVIATIONS GC-2
SECTION 2- SPECIFICATIONS AND DRAWINGS GC-3
2.01 INTERPRETATION OF SPECIFICATIONS AND DRAWINGS GC-3
2.02 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS GC-3
2.03 STANDARD SPECIFICATIONS GC-3
2.04 SHOP DRAWINGS GC- 3
2.05 REFERENCE TO STANDARDS,PUBLICATIONS
OR STANDARD SPECIFICATIONS GC-4
2.06 REFERENCE TO PROPRIETARY PRODUCTS GC- 5
2.07 SPECIHCATIONS AND DRAWINGS FURNISHED
TO CONTRACTOR GC- 5
2.08 AS-BUILT DRAWINGS GC-5
SECTION 3 -CITY ENGINEER-CONTRACTOR RELATIONS GC-6
3.01 AUTHORITY OF CITY GC-6
3.02 AUTHORITY OF THE CITY ENGINEER GC-6
3.03 INSPECTION AND TESTING GC- 6
3.04 CHANGE ORDERS GC_7
3.05 CONTRACTOR'S PLANT AND EQUIPMENT GC- 8
3.06 ASSIGNMENT OF CONTRACT GC- 9
3.07 SUBCONTRACTS GC- 9
3.08 CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS . . GC- 10
3.09 ATTENTION TO WORK GC- 10
3.10 SERVICE OF NOTICES GC- 10
3.11 DEVIATION FROM CONTRACT GC- 10
3.12 SUSPENSION OF WORK GC- 10
3.13 TERMINATION OF CONTRACT BY CITY
(CONTRACTOR AT FAULT) GC - 11
3.14 TERMINATION OF CONTRACT BY CITY
(CONTRACTOR AT FAULT) GC- 11
3.15 FAILURE TO COMPLY GC - 12
3.16 PROTESTS GC- 12
3.17 RIGHTS-OF-WAY GC- 12
3.18 CONSTRUCTION INTERFERENCE GC - 13
3.19 LINES AND GRADES GC- 14
ii
TABLE OF CONTENTS
PAGE
3.20 SUPERVISION AND INSPECTION GC- 15
3.21 OBSERVING LAWS AND ORDINANCES GC- 15
3.22 COORDINATION WITH COMMUNITY AGENCIES GC- 16
3.23 FIRE HYDRANTS GC- 16
3.24 LOSS AND DAMAGE GC- 16
3.25 USE OF IMPROVEMENT DURING PROGRESS
OF CONSTRUCTION GC- 17
3.26 ALTERNATIVE METHODS OF CONSTRUCTION GC- 17
3.27 EXAMINATION OF WORK GC- 17
SECTION 4-MATERIAL,EQUIPMENT AND WORKMANSHIP GC- 18
4.01 QUALITY GC- 18
4.02 SAMPLES AND TESTS OF MATERIAL GC- 18
4.03 PROOF OF COMPLIANCE WITH CONTRACT GC- 19
4.04 SAFEGUARDING OF EQUIPMENT,MATERIAL AND WORK GC- 19
4.05 DEFECTIVE MATERIAL,EQUIPMENT AND WORKMANSHIP.GC- 19
4.06 CHARACTER OF WORKMEN GC- 19
4.07 RUBBISH AND DUST CONTROL GC-20
4.08 CLEANING UP GC-20
4.09 GUARANTEE GC-20
SECTION 5 - PROGRESS AND PAYMENT GC-22
5.01 CONTRACT TIME GC -22
5.02 CONTRACT PRICE GC-22
5.03 CONSTRUCTION SCHEDULE GC-22
5.04 OVERTIME WORK GC-22
5.05 EXTENSION OF TIME GC-22
5.06 FAILURE TO COMPLETE ON TIME GC-23
5.07 MONTHLY ESTIMATES AND PAYMENTS GC-23
5.08 UNPAID CLAIMS GC-24
5.09 FULFILLMENT OF CONTRACT GC-25
5.10 FINAL PAYMENT GC-25
5.11 FINAL PAYMENT TERMINATES LIABILITY OF CITY GC-26
5.12 NOTICE OF COMPLETION GC-26
5.13 CHANGES IN THE WORK GC-26
SECTION 6-LEGAL RESPONSIBILITY, SAFETY,BONDS
AND INSURANCE GC-28
6.01 RESPONSIBILITY OF CONTRACTOR GC-28
iii
TABLE OF CONTENTS
PAGE
6.02 LIABILITY OF CONTRACTOR GC-28
6.03 LAWS,REGULATIONS AND PERMITS GC-28
6.04 PATENTS AND COPYRIGHTS GC-29
6.05 PERMITS AND LICENSES GC-29
6.06 SALES AND USE TAXES GC-29
6.07 LABOR DISCRIMINATION GC-29
6.08 WAGE DETERMINATIONS GC-29
6.09 APPRENTICES ON PUBLIC WORKS PROJECTS GC-30
6.10 WORKING HOURS GC-30
6.11 PUBLIC SAFETY AND CONVENIENCE GC-30
6.12 TRENCH EXCAVATION GC-30
6.13 CONCRETE FORMS,FALSEWORK AND SHORING GC-31
6.14 SANITARY PROVISIONS GC-31
6.15 SAFETY AND HEALTH REGULATIONS GC-31
6.16 LABOR,MATERIAL AND PERFORMANCE BONDS GC-31
6.17 CONTRACTOR NOT RESPONSIBLE FOR DAMAGE
RESULTING FROM CERTAIN ACTS OF GOD GC-31
6.18 INSURANCE GC-32
6.19 LIABILITY OF CITY AND ENGINEER GC-34
SPECIAL PROVISIONS SP-1
7.01 THE REQUIREMENTS SP-1
7.02 CITY DESIGNATED ENGINEER SP-1
7.03 BEGINNING AND COMPLETION OF WORK AND WORK HOURS SP-1
7.04 LIQUIDATED DAMAGES SP-1
7.05 STANDARD SPECIFICATIONS SP-1
7.06 WATER AND POWER SP-1
7.07 TRENCH EXCAVATION SP-2
7.08 PERMITS AND LICENSES SP-2
7.09 LINES, GRADES AND MEASUREMENTS SP-2
7.10 GUARANTEE SP-2
7.11 RESTORATION OF EXISTING FACILiI'1hS SP-2
7.12 CONTRACT DRAWINGS SP-3
7.13 SHOP DRAWINGS SP-3
7.14 INSPECTION SP-3
7.15 WATERING SP-3
7.16 PUBLIC CONVENIENCE, SAFETY AND TRAFFIC CONTROL SP-4
7.17 CONSTRUCTION INTERFERENCES SP-5
7.18 SCHEDULING OF WORK SP-6
iv
TABLE OF CONTENTS
PAGE
7.19 RIGHT-OF-WAY SP-6
7.20 COORDINATION OF CONSTRUCTION SP-6
7.21 COMPLIANCE WITH NATIONAL CLEAN WATER ACT SP-6
7.22 INSURANCE SP-7
7.30 BID ITEMS SP-8
SECTION 8-FEDERAL REQUIREMENTS AND PREVAILING WAGE
DETERMINATION SP-
-v-
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of
Azusa, County of Los Angeles, State of California, will receive, at the
office of the City Clerk, City Hall, Azusa, California, up to the hour of
10:00 A.M. on Tuesday, January 26, 1999, sealed bids for the following:
Project No. 99-1
Traffic Signal Maintenance Service Contract
Bids will be publicly opened and declared in the Office of the City
Clerk, City Hall, 213 E. Foothill Blvd. , Azusa, California at 10:00 A.M. on
Tuesday, January 26, 1999.
Action will be taken on these bids by the City Council, City of Azusa,
at 7:30 P.M. on Monday, February 1, 1999, at a regular meeting of the City
Council in the Council Chambers, City Hall, Azusa, California.
No bid shall be considered unless it is made on a proposal form provided
for that purpose, sealed, and filed with the City Clerk at the above address,
on or before the time specified for receiving bids. Each bid must be
accompanied by a bidder's bond, cash, certified check, or cashier's check,
made payable to the City of Azusa, for an amount equal to at least ten
percent (10%) of the amount bid, such guarantee to be forfeited should the
bidder to whom the contract is awarded fail to enter into the contract.
Pursuant to the Labor Code of the State of California, the City Council
for the City of Azusa has ascertained the general prevailing rate of per diem
wages in the locality in which the work is to be performed for each craft or
type of workmen needed to execute the proposed contract, and these prevailing
rates are on file in the office of the City Clerk.
The successful lowest responsible bidder will be required to furnish
Labor and Materials Bonds in an amount. equal to one hundred percent (100%)
of the contract price, and Faithful Performance bonds in an amount equal to
one hundred percent (100%) of the contract price. Bonds shall be secured by
a surety company, or surety companies, satisfactory to the City.
No bid will be accepted from a contractor who has not been licensed in
accordance with the provisions of Chapter 9, Division III, of the Business
and Professions Code.
A non-refundable charge of $30.00 will be made for each set of plans and
specifications purchased, and $40 . 00 if requested by mail.
The City Council reserves the right to reject any and all bids or parts
thereof and to waive informality in such bids. The City also reserves the
right to reject the lowest bid if the company is not a responsible bidder.
Required contractor' s license at the time of bid will be A, or C-10.
ADOLPH A. SOLIS, CITY CLERK Publish Azusa Herald
*/6 -1/2
INSTRUCTIONS TO BIDDERS
INSTRUCTION TO BIDDERS - PROPOSAL. The proposal shall be made on the forms
furnished herewith. The completed Proposal shall be enclosed in a sealed envelope bearing the name
of the bidder and name of the project. The proposal shall be delivered by the time and to the place
stipulated in the Notice Inviting Bids. It is the bidder's responsibility to see that his proposal is
received in proper time. Any proposal received after the scheduled closing time for receipt of
proposals will be returned to the bidder unopened. The proposal may be withdrawn by the bidder
by means of a written request,signed by the bidder or his properly authorized representative. Such
written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of
proposals prior to the scheduled closing time for receipt of proposals.
The proposals will be publicly opened and read at the time and place stipulated in the Notice Inviting
Bids.
Unauthorized conditions,limitations,or provisions attached to a proposal will render it informal and
may cause its rejection. The completed proposal forms shall be without interlineations,alterations,
or erasures. Oral,telegraphic,fax or telephonic proposals or modifications will not be considered.
DISCREPANCIES IN PROPOSALS_ The bidder shall furnish a price for all bid items in the
proposal and failure to do so will render the proposal invalid and will cause its rejection.In the event
the total indicated for the schedule does not agree with the sum of the prices bid on the individual
items the prices bid on the individual item shall govern and the total for the schedule will be
corrected accordingly.
PROPOSAL GUARANTEE_ Each proposal shall be accompanied by a certified or cashier's check
or bid bond in the amount of not less than ten (10%) percent of the total amount named in the
bidder's proposal. Said check or bond shall be made payable to the City of Azusa and shall be given
as a guarantee that the bidder,if awarded the work,will enter into a contract within ten(10)calendar
days after date of written notice of award and will furnish satisfactory Faithful Performance Bond
and Labor and Material Bond,each of said bonds to be in the amount stated in the Notice Inviting
Bids. In case of refusal or failure to enter into said contract,each check or bond,as the case may be,
shall be forfeited to the City. If the bidder elects to furnish a Bid Bond as his proposal guarantee,
he shall use the Bid Bond form herein,or one conforming substantially to it in form.
BIDDER'S EXAMINATION OF SITE. Before submitting a proposal,the bidder shall carefully
examine the Drawings,Specifications,and other Contract Documents,and shall visit the site of the
work. It will be assumed that the bidder is familiar with existing site conditions and that he has a
clear understanding of the requirements of the Contract regarding the furnishing of materials and
performance of work.It is further assumed that the Bidder agrees that the Contract Documents are
sufficient in scope and detail to convey an understanding of the conditions for Contractor
performance on the job and for furnishing all work in an acceptable manner.
NIB -3
INSTRUCTIONS TO BIDDERS
COMPETENCY OF BIDDER'S: In selecting the lowest responsible bidder,consideration will
be given not only to the financial standing but also to the general competency of the bidder for the
performance of the work covered by the proposal. To this end,each proposal shall be supported by
a statement of the bidder's experience as to recent date on the form entitled "INFORMATION
REQUIRED OF BIDDER"bound herein. No proposal for work will be accepted from a contractor
who is not licensed in accordance with applicable state law.
DISQUALIFICATION OF BIDDER'S= More than one proposal form from an individual, firm,
partnership, corporation, or association under the same or different names will not be considered.
Reasonable grounds for believing that any bidder is interested in more than one proposal for the
work contemplated will cause the rejection of all proposals in which such bidder is interested. If
there is reason for believing that collusion exists among the bidders, all bids will be rejected and
none of the participants in such collusion will be considered for future proposals.
RETURN OF PROPOSAL GUARANTEE= Within ten(10)days after award of the Contract,the
City will return all proposal guarantees, except bonds, to their respective bidder except those
accompanying proposals submitted by the three lowest responsible bidders. Those three will be held
until the Contract has been finally executed after which they will be returned to the respective
bidders whose proposal they accompany.
AWARD OF CONTRACT_ Award of a contract,if it is to be awarded,will be made to the lowest
responsible bidder whose proposal complies with all the requirements prescribed. The City reserves
the right to reject any or all bids, to waive any informality in a bid, and to make awards in the
interest of the City. The award, if made, will be made within 10 days of the date for receipt of
proposals.
EXECUTION OF CONTRACT_ The bidder to whom award is made shall execute a written
contract with the City on the form of agreement provided,and shall secure all insurance and bonds
required by the Specifications within ten(10)calendar days after the Notice of Award. Failure or
refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements
in connection therewith shall be just cause for annulment of the award and the forfeiture of the
proposal guarantee. If the successful bidder refuses or fails to execute the Contract,the City may
award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder
refuses or fails to execute the Contract, the City may award the Contract to the third lowest
responsible bidder. On the failure or refusal to such second or third lowest bidders to execute the
Contract,such bidders'guarantee likewise shall be forfeited to the City. The work may then be re-
advertised for bids.
NON-DISCRIMINATION IN EMPLOYMENT_ Contracts for work under this proposal will
obligate the Contractors and Subcontractors not to discriminate against any person on account of
race,color,religion, sex or national origin.
NIB -4
PROPOSAL
PROPOSAL-TO THE CITY COUNCIL PROJECT NO. 91—I
CITY OF AZUSA
AZUSA,CALIFORNIA
The undersigned bidder hereby proposes to furnish all labor,material,equipment,tools and services
necessary to perforin all work required under the City's Specifications entitled:
"CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR CONSTRUCTION OF °•
PROJECT NO.
in accordance with the intent of said Specifications,Drawings and all Addenda issued by said City
prior to opening of the proposals.
Said bidder agrees that,within 10 calendar days after date of written Notice of Award of the Contract
by said City, he will execute a contract in the required form, of which the Notice Inviting Bids,
Instructions to Bidders,Proposal,Specifications,Drawings and all Addenda issued by said City prior
to the opening of proposals,are part,and will secure the required insurance and bonds;and that upon
failure to do so within said time, then the proposal guarantee furnished by said bidder shall be
forfeited to said City as liquidated damages for such failure; provided, that if said bidder shall
execute the Contract and secure the required insurance and bonds within said time, his check, if
furnished shall be returned to him within 5 days thereafter, and the Bid Bond, if furnished, shall
become void.
Said bidder further agrees to complete all work required under the Contract within the time stipulated
in said Specifications, and to accept in full payment therefor the price named in the Bidding
Schedule.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be insured against liability for Workmen's Compensation or to undertake self-insurance in
accordance with such provisions before commencing the performance of the work of this Contract.
Dated:
Bidder
Signature
Title
P- 1
CITY OF AZUSA, CALIFORNIA
BID SUMMARY
TRAFFIC SIGNAL MAINTENANCE SERVICE CONTRACT
PROJECT NO. 99-1
TO THE HONORABLE MAYOR AND CITY COUNCIL
LADIES AND GENTLEMEN:
The undersigned, as bidder, declares that he has carefully examined the
location of the proposed work, and the plans and specifications herein
referred to, and he proposes and agrees that if this proposal is
accepted, he will contract with the City of Azusa to provide all
equipment, materials and labor to the satisfaction of the Engineering
Division, at the following prices, with the understanding that the
aforementioned work will commence on March 1, 1999 and last through
June 30, 2004 .
Annual Cost in Figures :
Annual Cost in Words :
Contractor Signature
PROPOSAL
BIDDING SCHEDULE
CONSTRUCTION OF THE
The City reserves the right to delete any bid item and increase or decrease the estimated quantities that
will serve the City's best interest.
It is understood that the foregoing quantities are approximate only and are solely for the purpose of
facilitating the comparison of bids,and that the Contractor's compensation will be computed upon the
basis of the actual quantities in the complete work,whether they be more of less than those shown.
COMPANY TELEPHONE#
BIDDER'S SIGNATURE
P- 3
PROPOSAL
LIST OF MATERIAL AND EQUIPMENT MANUFACTURERS
The undersigned bidder understands and agrees that the City may consider this Bid incomplete unless the Bidder
names a manufacturer/supplier for each item of equipment in the following list. The City may at its discretion
reject any bid whose list is incomplete or improperly compiled. Not more than one manufacturer/supplier shall
be named for each item of equipment. The undersigned Bidder hereby agrees that,after submission of this Bid,
a change will not be made in the following listing of manufacturers/suppliers and will not award a contract or
agreement of any kind to a manufacturer not listed below for the listed items of equipment unless such change,
award, or agreement is first approved in writing by the City according to the provisions of the Contract
Documents pertaining to substitutions and equals. The manufacturers/suppliers named below produce the listed
items of equipment which comply with the requirements of the Contract Documents,and the undersigned Bidder
will furnish and install the complying equipment of the manufacturers/suppliers named in the following list
SCHEDULE OF MANUFACTURERS
Item Description Manufacturer
Bidder's Initials
P- 4
PROPOSAL
LIST OF SUBCONTRACTORS
The Bidder is required to furnish the following information(in accordance with the provisions of Sections 410C
to 4114,inclusive of the Public Contract Code of the State of California and any amendments thereto)for each
Subcontractor performing more than 0.5%of the Total Base Bid. Do not list alternative subcontractors for the
same work.
Name under Which Address &Telephone Specific
Subcontractor License Number of Office, Work Description to be
Licensed Number Mill or Shop Performed by Subcontractor
Bidder's Initials
P- 5
PROPOSAL
CONTRACTOR'S EQUIPMENT
The undersigned Bidder is licensed in accordance with the laws of the State of California: License Number
,Class
The following is a list of all major items of construction equipment and vehicles available to the Bidder which
the Bidder believes to be necessary or essential to the completion of the project:
Date/Year
Item Lease/Owned of Manufacturers Condition
Bidder's Initials
P-6
PROPOSAL
BID BOND FORM
KNOW ALL MEN BY THESE PRESENTS,
That as Principal
and as Surety,
are held and firmly bound unto the City of Azusa hereinafter called"City"in the sum of:
dollars,
(not less than 10 percent of the total amount of the bid)
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.
WHEREAS, said Principal has submitted a bid to said City to perform all work required under the City':
Specifications entitled:
"CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR CONSTRUCTION OF THE
PROJECT NO.
NOW THEREFORE,if said Principal is awarded a contract by said City,and,within the time and in the manner
required under the heading"Instructions to Bidder's"bound with said Specifications,enters into a written contract
on the form of Agreement bound with said Specifications and furnished the required insurance and required
bonds,one to guarantee faithful performance and the other to guarantee payment of labor and materials,then this
obligation shall be null and void,otherwise it shall remain in full force and effect.
In the event suit is brought upon this bond by said City and judgment is recovered,said Surety shall pay all costs
incurred by said City in such suit,including a reasonable attorney's fee to be fixed by the court.
Principal ure
By By
Its Its
By By
Its Its
Surety signatures on this bond must be acknowledged before notary publics, and a legally sufficient power of
attorney must be attached to the bond to verify the authority of any party signing on behalf of a surety.
P- 7
PROPOSAL
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information.Additional sheets may be attached if necessary. I:
requested by the City,the bidder shall furnish a notarized financial statement,references,and other information
sufficiently comprehensive to permit an appraisal of his current financial condition.
1. Address
2. Telephone
3. Type of Firm: Individual() Partnership() Corporation()
4. Corporation organized under the laws of the State of
5. Contractor's License: State License No.
6. Contractor's License: Expiration Date
7. Names and Titles of all officers of the firm:
8. Number of years of experience in projects of this type
9. Three projects of this type recently completed:
Contract Type of Date Name and Telephone
Amount Project Completed Number of Owner
A.
B.
C.
10. Person who inspected site of work for your firm:
Date Inspected
P- 8
PROPOSAL
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
The undersigned declares that he or she is
(Title)
of (Bidder),
(Company Name)
1. Contractor's License Number: State
2. Contractor's License Classification:
3. Expiration date of Contractor's License: , 19
4. Bidder acknowledges that Section 7028.15(e)of the Business and Professions Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license appears
clearly on the bid,the license expiration date is stated and the bid contains a statement that the representations
therein are made under penalty of perjury. Any bid not containing this information, or a bid containing
information which is subsequently proven false,shall be considered nonresponsive and shall be rejected by the
public agency."
The undersigned declares under penalty of perjury that the forgoing is true and correct.
Executed on , 19 , at
(insert city and state where signed)
Name of Company
Typed Name
Signature
Title
P-9
THE CITY OF AZUSA
GENERAL CONDITIONS
GENERAL CONDITIONS
SECTION 1 -DEFINITIONS AND ABBREVIATIONS
1.01 DEFINITIONS
Wherever the words defined in this Section,or pronouns used in their stead,occur in these Specifications or it
any of the other Contract Documents,the intent and meaning shall be as follows:
(a) CITY. The City of Azusa,County of Los Angeles, State of California.
(b) CITY COUNCIL. The duly elected Council of the City of Azusa.
(c) CITY ENGINEER. The City Engineer of the City of Azusa.
(d)PROJECT ENGINEER OR ENGINEER The designated Engineer for this Contract is listed in the Species
Provisions. If no Engineer is listed in the Special Provisions,then it is understood that the CITY ENGINEER
is designated as in charge of the Project.
(e) CONTRACTOR. Contractor shall mean the party entering into contract with the City for performance of
the work called for in these Specifications and shown on the Drawings, including the Contractor's authorized
agents.
(f) SUBCONTRACTOR. Subcontractor shall mean any person,firm,or corporation entering into agreement
with the Contractor for performance of any part of the Contractor's obligation under the Contract.
(g) CONTRACT. Contract shall mean the Contract Documents and shall include the written agreement entered
into by the City and the Contractor for the performance of work described in the Specifications and shown on
the Drawings,together with the Notice Inviting Bids,the Instructions To Bidders,the Proposal,the Information
Required of Bidders, the Specifications, the Drawings, all Addenda issued by the City with respect to the
foregoing prior to the opening of bids, and all Change Orders issued by the City and signed by the Contractor
pertaining to the Contract after the Contract is awarded.
(h) SPECIFICATIONS. Specifications shall mean the General Conditions, the Special Provisions and the
Technical Specifications of the Contract, together with all Addenda and Change Orders issued with respect
thereto. All worked performed shall be in accordance with the Standard Specifications for Public Works
Construction(SSPWC), current edition, except as modified herein.
(I) DRAWINGS. Drawings or Contract Drawings shall mean those drawings accompanying the Specifications
which show the location, nature, extent and form of the work,together with applicable details.
(j)SHOP DRAWINGS. Drawings,diagrams,illustrations,schedules,performance charts,brochures and other
GC- 1
THE CITY OF AZUSA
GENERAL CONDITIONS
data prepared by the Contractor or any Subcontractor,manufacturer,supplier or distributor,which illustrates hov
specific portions of the work shall be fabricated and/or installed. Shop Drawings are not considered to be par
of the Contract Documents.
1.02 ABBREVIATIONS
Wherever the following abbreviations are used they shall have the meanings listed:
AASHTO American Association of State Highway and Transportation
Officials
ACI American Concrete Institute
AGA American Gas Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
API American Petroleum Institute
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating,Refrigeration and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society of Testing Materials
AWPA American Wood Preservers Association
AWS American Welding Society
AW WA American Water Works Association,Inc.
CRSI Concrete Reinforcement Steel Institute
NEMA National Electrical Manufacturer's Association
MC Not in Contract
NTS Not to Scale
OAE Or Approved Equal
OSHA Occupational Safety and Health Act
PCA Portland Cement Association
SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction
UBC Uniform Building Code
UPC Uniform Plumbing Code
U/L Underwriters Laboratories, Inc.
*** END OF SECTION 1 ***
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THE CITY OF AZUSA
GENERAL CONDITIONS
SECTION 2-SPECIFICATIONS AND DRAWINGS
2.01 INTERPRETATION OF SPECIFICATIONS AND DRAWINGS
The Specifications and the Drawings are intended to be explanatory of each other. Any work indicated in th(
Drawings and not in the Specifications, or vice versa,shall be executed as if indicated in both. As the figure(
dimensions shown on the Drawings and in the Specifications of the Contract may not in every case agree witl
scale dimensions,the figured dimensions shall be followed in preference to the scaled dimensions,and drawing
to a large scale shall be followed in preference to the Drawings to a small scale. Should it appear that the wort
to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contras
Documents,the Contractor shall apply to the Engineer for such further explanations as may be necessary,an(
shall conform thereto as part of the Contract. In the event of anydoubt or question arising respecting th(
meaning of the Specifications or Drawings,reference shall be made to the Engineer and the Engineer's decisiot
therein shall be final.
2.02 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS
In case of conflict between the Specifications and the Drawings, the Specifications shall govern over the
Drawings. In cases of conflict between the General Conditions and Special Provisions of the Specifications,the
Special Provisions shall govern over the General Conditions.
2.03 STANDARD SPECIFICATIONS
A reference to the Standard Specifications shall mean"Standard Specifications For Public Works Construction'
(SSPWC),the current edition and amendments. All work performed shall conform to the SSPWC.
2.04 SHOP DRAWINGS
(a) Wherever called for in these Specifications or on the Drawings,or where required by the Engineer,the
Contractor shall furnish to the Engineer for review six(6)prints of each Shop Drawing. The Shop Drawings
shall be approved by the Contractor prior to submittal to the Engineer. Unless otherwise required,said drawings
shall be submitted at a time sufficiently early to allow review of same by the Engineer,and to accommodate the
rate of construction progress required under the Contract.
(b) The Contractor shall stamp all six copies of the Shop Drawings stating his approval of the submittal and that
the Contractor has determined and verified all field measurements and quantities, field construction criteria,
materials, catalog numbers and similar data, and that the Contractor has reviewed and coordinated the
information in the Shop Drawings with the requirements of the work and the Contract Documents. Any Shop
Drawings submitted without complying with this Section will not be reviewed by the Engineer.
(c) Except as may be otherwise provided in the Special Provisions,the Engineer will return two prints of each
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THE CITY OF AZUSA
GENERAL CONDITIONS
Shop Drawing to the Contractor,with comments noted thereon,within 15 calendar days following their receip
at the Engineer's office.The Contractor shall make a complete and acceptable submittal to the Engineer by the
second submission of drawings. The City reserves the right to withhold moneys due the Contractor to cove)
additional costs of the Engineer's review beyond the second submittal.
(d) If the Shop Drawings are returned to the Contractor marked APPROVED AS SUBMITTED,formal revisior
and resubmittal of said drawing will not be required.
(e) If the Shop Drawings are returned to the Contractor marked APPROVED AS NOTED,formal revision ane
resubmittal of said drawing will not be required,but the noted correction will be adhered to by the Contractor.
(f) If one print of the Shop Drawing is returned to the Contractor marked REVISE AND RESUBMIT the
Contractor shall revise said drawing and shall resubmit six(6)copies of said revised drawing to the Engineer.
(g) If one print of the Shop Drawing is returned to the Contractor marked NOT APPROVED,Contractor shall
resubmit six(6)copies of a material or installation process specified in the Contract Documents and/or acceptable
to the Engineer.
(h) Fabrication of an item shall not be commenced before the Engineer has reviewed the pertinent Shop
Drawings and returned copies to the Contractor marked either APPROVED AS SUBMITTED or APPROVED
AS NOTED. Revisions indicated on Shop Drawings shall be considered as changes necessary to meet the
requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra
work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from the
Contractor's having to make the required revisions to Shop Drawings (unless review by the Engineer of said
drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the
Engineer's delay in review actually resulted in a delay in the Contractor's construction schedule). The review
of said drawings by the Engineer will be limited to checking for general agreement with the Specifications and
Drawings and shall in no way relieve the Contractor of responsibility for errors or omissions contained therein,
nor shall such review operate to waive or modify any provision contained in the Specifications or Contract
Drawings. Fabricating dimensions, quantities of material, applicable code requirements and other Contract
requirements shall be the Contractor's responsibility.
2.05 REFERENCE TO STANDARDS,PUBLICATIONS OR STANDARD
SPECIFICATIONS
Any reference made in the Specifications or Drawings to any specification, standard, or publication of any
organization shall, in the absence of a specific designation to the contrary,be understood to refer to the latest
edition of the specification, standard or publication in effect as of the date of advertising the work.
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THE CITY OF AZUSA
GENERAL CONDITIONS
2.06 REFERENCE TO PROPRIETARY PRODUCTS
Where references to proprietary products appear in the Specifications or Drawings,whether or not followed b2
the words"or approved equal",it is for the purpose of establishing an acceptable standard of quality or design
Unless a substitute is expressly prohibited,the Contractor may request approval of a substitute for any sucl
proprietary product. Such approval normally will not be given by the Engineer prior to award of a Contract.
request for substitution must be in writing and must include descriptive literature,specifications,test reports o
samples, as appropriate, to enable the Engineer to determine the acceptability of the product proposed fo-
substitution. If substitution is requested as part of a Shop Drawing submittal, the item(s) proposed fo
substitution shall be clearly indicated. No substitute product shall be used on the work until written approva
has been received from the Engineer. Any revisions to structures,piping,mechanical,electrical,instrumentation
or any other work made necessary by such substitution must be approved by the Engineer and the entire cost o:
these revisions shall be borne by the Contractor.
2.07 SPECIFICATIONS AND DRAWINGS FURNISHED TO CONTRACTOR
The City will furnish to the Contractor five sets of Specifications together with Drawings.Additional quantities
of Specifications and Drawings will be furnished at reproduction cost.
2.08 AS-BUILT DRAWINGS
The Contractor shall maintain, on the job site, a set of full-size blueline or blackline prints of the Contract
Drawings. On these the Contractor shall mark all as-built conditions,locations,configurations,and other detail:
which may vary from the details represented on the original drawings. This master record of as-built
conditions, including all revisions made necessary by addenda, change orders and field conditions shall be
maintained up-to-date during the progress of the work.
•
In the case of those drawings which depict the detailed requirement for equipment to be assembled and wired
in the factory, such as motor control centers and instrumentation, the as-built drawings shall be updated by
indicating those portions which are superseded by final Shop Drawings, and by including a reference note
describing the Shop Drawings by manufacturer, drawing and revision number and date.
Upon completion of the work but prior to final acceptance,the as-built drawings maintained by the Contractor
shall be delivered to the City.
*** END OF SECTION 2 ***
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THE CITY OF AZUSA
GENERAL CONDITIONS
SECTION 3-CITY ENGINEER-CONTRACTOR RELATIONS
3.01 AUTHORITY OF CITY
(a) The work and the manner of performing the same shall be done to the satisfaction and approval of the City.
(b) The Contract Documents do not purport to control the method of performing the work but only the
requirements as to the nature of the completed work. The Contractor shall assume the entire responsibility for
methods of performing the work.
3.02 AUTHORITY OF THE CITY ENGINEER
(a) The City Engineer or his authorized representative is the agent of the City and is employed to act as advisor
and consultant to the City in engineering matters relating to the Contract. The City has delegated its authority
under this Contract to the Engineer to determine the amount,quality,acceptability and fitness ofthe several kinds
of work,material and equipment which are to be paid for under the Contract;to decide for the City all questions
relative to the construction,meaning and intent of the Contract Documents;to decide all questions relative to the
classification,measurements of quantities,materials and the fulfillment of this Contract,and to reject or condemn
all work or material which does not conform to the terms of this Contract to recommend,for consideration and
action of the City,progress payments and change orders. The Engineer's decision in all matters is the decision
of the City and can only be changed in writing by the City Manager of the City.
(b) It is expressly agreed and understood that the Engineer will have no liability whatsoever resulting from the
obligations entered into under the Contract;that the City must look solely to the Contractor for the furnishing
of the work; that the Contractor and City must look solely to each other for the enforcement of any claims or
liabilities arising under or by reason of the Contract. If the Contractor files any suit arising under the Contract
and names the Engineer as a party and if no recovery is had against the Engineer,then the Engineer shall recover
damages from the Contractor for reasonable attorney's fees for time spent by the attorney for the Engineer in the
defense of the suit and the Engineer shall recover from the Contractor and be paid by the Contractor at the rate
of$1,000.00 per day for the time of the Engineer required in connection with the preparation and defense of the
suit. This provision is specifically intended as a Contract between the Contractor and the City for the benefit of
the Engineer.
3.03 INSPECTION AND TESTING
(a) All materials furnished and all work performed under the Contract shall be subject to inspection by the
Engineer. Such inspection may include mill,plant,shop or field inspection as required. The Engineer shall be
permitted access to all parts of the work, including plants where material or equipment are manufactured or
fabricated,and the Engineer shall be furnished with such materials,information and assistance by the Contractor
and Subcontractors and suppliers as is required to make a complete and detailed inspection.
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THE CITY OF AZUSA
GENERAL CONDITIONS
(b) Work done in the absence of prescribed inspection may be required to be removed and replaced under proper
inspection, and the entire cost of removal and replacement, including the cost of all materials which may be
furnished by the City and used in the work thus removed,shall be borne by the Contractor,regardless of whether
the work removed is found to be defective or not. Work shall not be covered up without the authority of the
Engineer. If so covered without authority,the work,upon order of the Engineer,shall be uncovered to the extent
required,and the Contractor similarly shall bear the entire cost of performing all the work and furnishing all the
material necessary for the removal of the covering and its subsequent replacement,as directed and approved by
the Engineer.
(c) Except as otherwise provided herein,cost for the City inspection fees will be paid by the City. All inspection
fees and costs imposed by agencies other than the City shall be paid by the Contractor.
(d) The Engineer will make, or have made, such tests as he deems necessary to insure that the work is being
accomplished in accordance with the requirements of the Contract. Unless otherwise specified in the Special
Provisions,the cost of such testing will be borne by the City. In the event such tests reveal non-compliance with
the requirements of the Contract,the Contractor shall bear the cost of such corrective measures deemed necessary
by the Engineer,as well as the cost of subsequent re-testing.
(e) The City will provide inspection for an 8-hour day and 40 hour work week for Monday through Friday. No
work shall be performed on weekends,unless approved in writing by the City project manager.The Contractor
shall reimburse the City at rates established by the City for inspection in excess of the foregoing,including legal
holidays.
3.04 CHANGE ORDERS
(a) The City,or its duly authorized representative,may order changes in the work through additions,deletions
or modifications. Such changes will be effected through written change orders delivered to the Contractor
describing the change required in the work,together with any adjustment in Contract price or time in completion
as hereinafter provided. No such change shall constitute the basis of claims for damage or anticipated profits;
however, the Engineer will make reasonable allowance for the value of any work, materials or equipment
furnished and subsequently rendered useless because of such changes. Any adjustment in Contract price resulting
from a change order will be considered in computing subsequent monthly payments due the Contractor. Any
work performed in accordance with a change order shall be subject to all provisions of the original Contract,and
the Contractor's sureties shall be bound thereby to the same degree as under the original Contract.
(b) Any adjustment in Contract price shall be based on unit price bid items or additive and deductive bid items
submitted by the Contractor in the original bid on the work where such bid items are applicable.
(c) If the original bid prices are not applicable,the adjustment in Contract price shall be based on a lump sum
or unit price agreed upon by the City and the Contractor prior to executing the change order.
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THE CITY OF AZUSA
GENERAL CONDITIONS
(d) If the original bid prices are not applicable and the City and Contractor are unable to agree upon a lump sun
or unit price prior to executing the change order,the adjustment in Contract price shall be made on a cost phr
basis. In such an event,the following items will be included as the direct costs:
Materials and supplies
Labor(including foremen's wages)
Workmen's compensation insurance
Unemployment insurance contributions paid to the State
Social Security taxes paid to the Federal Government
Labor union health and welfare,pension,vacation-holiday
and apprenticeship fund contribution
Value for use of equipment for actual time of use according
to Caltrans"Labor Surcharge and Equipment Rental Rates"
for the current year
In addition to the direct costs enumerated above, the City will pay to the Contractor for said extra work a
percentage of said direct costs to compensate for the following profit and overhead items:
Profit
General expenses
All insurance except workmen's compensation insurance
Excise taxes
Property taxes
License and inspection fees
Bond premiums
All other items of expense not specifically enumerated above
Said percentage will be 15 percent of said direct costs provided the Contractor actually performs said extra work.
In the event said extra work is performed by a Subcontractor,the percentage paid to the Contractor will be 20
percent of said Subcontractor's direct costs. Said 20 percent will include allowance for profit and overhead costs
for both the Contractor and Subcontractor. In the event said extra work is performed through more than one
Subcontractor in succession, said percentage will not exceed 25 percent.
(e) When work is being performed on a cost-plus basis,the Contractor shall submit written reports as directed
by the Engineer, showing all items of direct cost which enter into the work. If required by the Engineer, the
Contractor shall furnish books,time sheets,vouchers,invoices and other records to substantiate the direct cost
items listed in said reports.
3.05 CONTRACTOR'S PLANT AND EQUIPMENT
The Contractor shall at all times be responsible for the adequacy,efficiency and sufficiency of the Contractor's
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THE CITY OF AZUSA
GENERAL CONDITIONS
plant and equipment and any Subcontractor's plant and equipment.
3.06 ASSIGNMENT OF CONTRACT
(a) The Contractor shall not assign, sublet, sell,transfer or otherwise dispose of the Contract or any portion
thereof; or his right,title or interest therein, or his obligations thereunder,without the prior written consent of
the City.The City shall have no obligation whatsoever to provide such written consent.
(b) If the Contractor violates the provisions of this section,the Contract may be terminated at the option of the
City and the City shall be relieved of all liability and obligations to the Contractor, and to his assignee or
transferee,growing out of such termination.
3.07 SUBCONTRACTS
(a) All proposed Subcontractor's shall be listed by the Contractor at the time of bid opening and shall be
contained in the Information Required of Bidders. The Contractor my request a replacement of a previously
approved Subcontractor only through the specific procedures contained in Public Contract Code,Section 4107.
Any such request is subject to approval by the City.
(b) The Contractor shall perform not less than 50 percent of the work with his own forces (i.e., without
subcontracting). This requirement shall be understood to refer to work,the value of which totals not less than
50 percent of the Contract price. Refer to Section 2-3 of the SSPWC for clarification.
(c) In the City's discretion,subject to the requirements of Section 3.07(a),subcontracts may be permitted to such
extent as shall be shown to be necessary or advantageous to the Contractor in the prosecution of the work and
without injury to the City's interests. The re-subletting of work by a Subcontractor ball be subject to the same
limitations as an original subletting. Each Subcontractor shall be properly licensed for the type of work which
he is to perform.
(d) A copy of each subcontract, if in writing (or if not in writing, then a written statement signed by the
Contractor giving the name of the Subcontractor and the terms and conditions of each subcontract),shall be filed
promptly with the Engineer upon the Engineer's request. Each subcontract shall contain a reference to the
Contract between the City and the Contractor, and the terms of that Contract shall be made a part of each
subcontract insofar as applicable to the work covered thereby. Each subcontract shall provide for annulment of
same by the Contractor upon written order of the Engineer if in the Engineer's opinion,the Subcontractor fails
tocomplywith the requirements of the prime Contract insofar as the same may be applicable to this work.
(e) The Contractor shall be responsible to the City for the acts and omissions of his Subcontractors and their
employees to the same extent as the Contractor is responsible for the acts and omissions of employees. Nothing
contained in this section shall create any contractual relationship between any Subcontractor and the City or
relieve the Contractor of any liability or obligation under the prime Contract.
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THE CITY OF AZUSA
GENERAL CONDITIONS
(f) The Contractor shall be permitted to rent equipment maintained and operated as long as the work performe,
is directed and constantly supervised by the Contractor. Any other arrangement will be construed a
unauthorized subcontracting and such action will be subject to Contract termination.
3.08 CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS
The Contractor shall at all times be responsible for the adequacy,efficiency and sufficiency ofpersons employe(
by the Contractor and any Subcontractor or persons employed by the Subcontractor. All workmen must hav(
sufficient knowledge, skill and experience to perform properly the work assigned to them.
3.09 ATTENTION TO WORK
The Contractor shall supervise the work and at all times shall be represented by a competent English speakinf
superintendent who shall receive and obey all instructions or orders given under the Contract,and who shall have
full authority to execute the same, and to supply materials, tools and labor without delay,and who shall be the
legal representative of the Contractor.
3.10 SERVICE OF NOTICES
Any notice, order, direction, request or other communication given by the City to the Contractor under the
Contract shall be deemed to be well and sufficiently given to the Contractor if left at any office used by the
Contractor, or delivered to any of the Contractor's officers, or mailed in any post office addressed to the
Contractor at the address mentioned in the Contract,or at the Contractor's last known place of business. If mailed
it shall be deemed to have been given to and received by the Contractor two days after the day of mailing in any
post office in the vicinity of the work.
3.11 DEVIATION FROM CONTRACT
The Contractor shall not make any alteration or variation in or addition to or deviation or omission from the
Contract without the advance written consent of the City.
3.12 SUSPENSION OF WORK
The City Engineer may by written notice to the Contractor,suspend the work,in whole or in part,for such period
or periods as he may deem necessary due to unsuitable weather, delay in delivery of City furnished equipment
or materials,or such other conditions as are considered unfavorable for prosecution of the work,or failure on the
part of the Contractor to carry out the provisions of the Contract or to provide material or workmanship meeting
the requirements of the Specifications. Suspended work shall be resumed by the Contractor within a reasonable
time,as designated by the Engineer,after receipt from the Engineer of written notice to proceed. Contractor shall
not be entitled to receive extra or additional compensation, except as may otherwise be provided for explicitly
in the Contract Documents, on account of suspension of work pursuant hereto.
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THE CITY OF AZUSA
GENERAL CONDITIONS
3.13 TERMINATION OF CONTRACT BY CITY(CONTRACTOR NOT AT FAULT)
The City may terminate the Contract upon ten calendar days written notice to the Contractor,if it is found tha
reasons beyond the control of either the City or Contractor make it impossible or against the City's interests tc
complete the work. In such a case,the Contractor shall have no claims against the City except(1)for the valw
of work performed up to the date the Contract is terminated, and(2)for the cost of materials and equipment or
hand,in transit,or on definite commitment as of the date the Contract is terminated,which would be needed ir
the work and which meet the requirements of the Specifications. The value of work performed and the cost o-
materials and equipment delivered to the site, as mentioned above, shall be determined by the Engineer ir
accordance with the procedure prescribed for the making of the final estimate and payment and shall be paid ir.
accordance with the same procedure.
3.14 TERMINATION OF CONTRACT BY CITY(CONTRACTOR AT FAULT)
(a) The City may terminate the Contract upon ten calendar days written notice to the Contractor in the event of
any default by the Contractor. Without limitation, it shall be considered a Contract default whenever the
Contractor shall: (1) declare bankruptcy, become insolvent or assign assets for the benefit of creditors, (2)
disregard or violate important provisions of the Contract Documents or Engineer's instruction or fail to
prosecute the work according to the approved progress schedule,or(3)fail to provide a qualified superintendent,
competent workmen or Subcontractors,or materials or equipment meeting the requirements of the Specifications
and Drawings.
(b) In the event the Contract is terminated,the City may take possession of the work and of all materials,which
have been provided in connection with the work and may complete the work by whatever method or means is
selected. The cost of completing the work shall be deducted from the balance which would have been due the
Contractor had the Contract not been terminated and the work completed in accordance with the Specifications
and Drawings. If such cost exceeds the balance which would have been due,the Contractor shall pay the excess
amount to the City. If such cost is less than the balance which would have been due,the Contractor shall have
no claim to the difference except to such extent as may be necessary,in the opinion of the Engineer,to reimburse
the Contractor or the Contractor's sureties for any expense properly incurred for materials, tools, equipment,
property and labor devoted to the execution of the work, of which the City shall have received the benefit. In
computing such expense, as it relates to equipment and property, the salvage value at completion of the work
shall be deducted from the depreciated value at the time the Contract was terminated and the difference shall be
considered as an expense.
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THE CITY OF AZUSA
GENERAL CONDITIONS
3.15 FAILURE TO COMPLY
If the Contractor should refuse or neglect to comply with the provisions of the Contract or the orders of the
Engineer,the City may have such provisions or orders carried out by others at the expense of the Contractor.
3.16 PROTESTS
If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or if h(
considers any order or ruling of the Engineer, or of any inspector to be unfair,he shall, immediately upon sue'
work being demanded or such order or ruling being made, ask for written instructions or decision, whereupor
he shall proceed without delay to perform the work or to conform to the order or ruling;but unless the Contractor
finds such instructions or decisions satisfactory,he shall,within five(5)days after receipt of same,file a writter
protest with the Engineer, stating clearly and in detail any objections and the reasons therefor.The decision o
the City Engineer on all such matters shall be considered final and binding upon all parties concerned. Excepi
for such grounds for protests or objections as are made of record in the manner specified and within the time
stated herein, the Contractor hereby waives all grounds for protests or objections to the orders, rulings.
instructions or decisions of the Engineer and hereby agrees that, as to all matters not included in such protest.
the orders, instructions and decisions of the Engineer shall be final and conclusive.
3.17 RIGHTS-OF-WAY
(a) Lands or rights-of-way for the work to be constructed under the Contract will be provided by the City as
shown on the Drawings. Nothing contained in the Specifications or Drawings shall be interpreted as giving the
Contractor exclusive occupancy of the lands or rights-of-way provided. Any additional lands or rights-of-way
required for construction operations shall be provided by the Contractor at the Contractor's own expense.
(b) Except as may otherwise be provided, the Contractor shall secure from the agencies having jurisdiction the
necessary permits to create obstructions, to make excavations if required under the Contract and to otherwise
encroach upon rights-of-way and shall present evidence to the Engineer that such permission has been granted
before work is commenced. Regulations and requirements of all agencies concerned shall be strictly adhered to
in the performance of this Contract,including the furnishing of insurance and bonds if required by such agencies.
The enforcement of such requirements under this Contract shall not be made the basis for claims for additional
compensation.
(c) The Contractor shall not do any work that would affect any oil, gas, sewer, storm drain, or water pipeline,
any telephone,telegraph,or electric transmission line,fence,or any other structure,nor enter upon the rights-of-
way involved until notified by the Engineer that the City has secured authority therefor from the proper party.
After authority has been obtained,the Contractor shall give said party due notice of any intention to begin work
and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise
protecting such pipeline,transmission line,ditch,fence or structure and for replacing same. The Contractor shall
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THE CITY OF AZUSA
GENERAL CONDITIONS
not be entitled to any extension of time or extra compensation on account of any postponement,interference,oa
delay caused by any such pipeline, transmission line, fence or structure being on the line of the work except a:
provided herein.
(d) The Contractor shall conduct all of its activities and operations within the rights-of-way provided by the Cit}
or within the confines of public thorough-fares. The Contractor shall not allow his employees to use private
property for eating, coffee breaks, or any other reason or use water or electricity form such property withow
written permission from the owner.
If,for any reason,the Contractor elects to encroach upon other lands,he shall first obtain written permission from
the owner and provide evidence of such permission on writing permission from the owner and provide evidence
of such permission in writing to the Engineer prior to entering upon such lands.
3.18 CONSTRUCTION INTERFERENCE
(a) As used in this section, the word "utility" shall be understood to include tracks, overhead or underground
wires, cables, pipelines, conduits, ducts, sewers or storm drains. The term "service connection" shall be
understood to mean all or any portion of a pipeline(including sewer house laterals),conduit,wire,cable or duct,
including meter, between a utility distribution line and an individual customer or customers when served by a
single service connection. The term "construction interference" shall be understood to include any utility or
service connection within the limits of excavation or over excavation required for the work under the Contract
as shown, or ordered by the Engineer, or any utility, or service connection located in the space which will be
required by any of the work under the Contract.
(b) In the event any utility or service connection is required to be disturbed or removed to permit construction
of a pipeline or other structure under the Contract, such disturbance or removal shall be done only with the
approval of the Engineer and following notification to the owner of the interfering utility or service connection.
Any such utility or service connection removed or otherwise disturbed shall be reconstructed as promptly as
possible in its original or other authorized location in a condition at least as good as prior to such removal or
disturbance, subject to the inspection of the owner of same. The Contractor's responsibility under this section
to remove or replace shall apply even in the event such damage or destruction occurs after backfilling or is not
discovered until after completion of backfilling. The owner of the utility or service connection shall be notified
immediately after damage or destruction occurs or is discovered.
(c) During the performance of the work under this Contract,the owner of any utility affected by the work shall
have the right to enter when necessary upon any portion of the work for the purpose of maintaining service and
to make repairs to said utility.
(d) The Drawings show the approximate positions of known utilities in the immediate vicinity of the work but
the City does not guarantee that all existing utilities are shown. Service connections normally are not shown on
the Drawings. The Contractor, before commencing any excavation, shall ascertain from records or otherwise,
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THE CITY OF AZUSA
• GENERAL CONDITIONS
the existence,horizontal and vertical position and ownership of all existing utilities and service connections. If
the Contractor discovers any utility in the line of the work which is not shown on the Drawings, he shall
immediately notify the Engineer of the existence of same. The City will not be liable for any consequences
arising as a result of a service connection being incorrectly located in the field by the agency having jurisdiction
over said service connection.
(e) All costs involved in removing,relocating,protecting, supporting,repairing,maintaining or replacing a main
or trunkline utility which actually constitutes a construction interference when said utility is not shown with
reasonable accuracy as an interference or is omitted from the Drawings, will be paid for by the City as extra
work. In such case,the City also will compensate the Contractor for equipment on the project necessarily idled
during and by reason of such work. The City's obligation to repair damage to such a facility and to compensate
the Contractor for idled equipment shall not extend to damage resulting from the failure of the Contractor to use
reasonable care.
(f) All costs involved in removing, relocating,protecting, supporting,repairing,maintaining or replacing any
utility or service connection other than those described in Subsection(e)herein shall be borne by the Contractor.
(g) The Contractor shall not be assessed liquidated damages for failure to complete the work on time to the
extent that such delay was caused by failure of the City or of the agency having jurisdiction over the utility or
service connection to authorize or otherwise provide for its removal, relocation, protection, support, repair,
maintenance or replacement.
(h) The City reserves the right, upon determination of the actual position of existing utilities and service
connections,to order changes in alignment or grade of the City's pipelines when,by so doing,the necessity for
relocation of existing utilities or service connections will be avoided. Such changes will be ordered in writing
by the Engineer. Where applicable,adjustment in the Contract price will be on the basis of the unit prices stated
in the proposal. Where unit prices in the proposal are not applicable, adjustment in Contract price will be in
accordance with Section 3.04.
3.19 LINES AND GRADES
(a) The Contractor shall give two (2)working days notice,in writing,when the surveying services of the City
Engineer will be required for laying out any portion of the work,and he shall dig all holes necessary for line and
grade stakes. The Contractor shall preserve all stakes set for the lines, grades or measurements of the work in
their proper places until authorized to remove them by the City Engineer. Any expenses incurred in replacing
said stakes that the Contractor may have failed to preserve shall be borne by the Contractor.
(b) Grades for all work will be set on the surface of the ground and the Contractor shall transfer them to the
construction as necessary. At no time shall less than three(3)consecutive grade points be used in common so
that any variation from a straight grade can be detected. Any such variation shall be reported to the City Engineer
and in the absence of such report, the Contractor shall be responsible for any error in the grade of the finished
work.
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THE CITY OF AZUSA
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(c) The Contractor shall preserve all bench marks, stakes and other survey marks, and in case of their removal
or destruction by the Contractor's employees or by a Subcontractor's employees, he shall be liable for the cost
of their replacement.
3.20 SUPERVISION AND INSPECTION
(a) The City Engineer shall decide within the provisions of the Specifications all questions which may arise
concerning the quality or acceptance of materials furnished and work performed and all questions concerning
the acceptable fulfillment of the Contract by the Contractor.
(b) All work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of
the City Engineer, and the materials used shall comply with these Specifications. Work shall be started and
continued at such time and at such points as may be designated by the City Engineer and shall be carried on
diligently and without unnecessary delay.Whenever the Contractor or his authorized representative is not present
on any particular part of the work where it maybe desired to give direction,orders will be given by the Engineer,
which shall be received and obeyed by the superintendent or foreman who may have charge of he particular work
in reference to which the orders are given.
(c) Each day the Contractor shall furnish the City Engineer a duplicate copy of all delivery and shipment tags
or slips for all materials delivered on the work. Tags or slips shall show the actual quantity of material received
on the work. No materials shall be used on the work until such tags or slips have been furnished to the City
Engineer.
(d) All tests of materials shall be made under the direction of the City Engineer. The costs of tests for materials
shall be borne by the City. At the Contractor's own expense the materials for testing shall be delivered at the time
and to the place designated by the City Engineer. Should the materials fail,the retesting cost shall be borne by
the Contractor.
(e) The Contractor shall prosecute work only in the presence of the City Engineer or his designated
representative,and any work done in the absence of said City Engineer or his designated representative shall be
subject to rejection for that reason. The Contractor shall give written notice to the City Engineer at least 24 hours
before beginning any work and shall furnish said City Engineer all reasonable facilities for obtaining full
information respecting the progress and manner of work.
3.21 OBSERVING LAWS AND ORDINANCES
(a) The Contractor shall keep himself fully informed of all Federal, State and local laws, ordinances and
regulations which may affect the conduct of the work, those engaged or employed by the Contractor, the
materials used, and all orders and decrees of bodies or tribunals having any jurisdiction or authority over the
work. The Contractor shall observe and comply therewith,and shall protect and indemnify the City against any
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THE CITY OF AZUSA
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claim or liability arising from or based on the violation thereof.
(b) The Contractor shall secure and pay for all necessary permits,licenses and make all necessary deposits beforc
starting work.
3.22 COORDINATION WITH COMMUNITY AGENCIES
(a) The Contractor shall notify the local Police Department, Fire Department and refuse contractor of any
construction causing street closure forty-eight(48)hours prior to start of such closure.
City of Azusa- Police Department (818) 812-3200
Fire Department (818)334-0011
Refuse- Western Disposal (818) 962-4031
(b) The Contractor also shall be responsible for notifying,in writing,affected businesses forty-eight(48)hours
prior to start of construction or closures.
3.23 FIRE HYDRANTS
(a) The Contractor shall not draw any water from a fire hydrant for use on the work,other than for extinguishing
fire, without first obtaining permission from the City of Azusa and the owner of such water.
(b) Whenever required by the City of Azusa, the Contractor shall obtain a fire hydrant meter to record water
usage. A deposit as established by the City of Azusa shall be paid by Contractor and refunded upon return of
said hydrant meter. The water usage fees shall be paid as defined in the Special Provisions.
3.24 LOSS AND DAMAGE
(a) All loss or damage to the City or to third persons,occurring during the progress of the work being performed
under this Contract,which loss or damage occurs before acceptance of the work by the City and which results
from: (1)the negligence of the Contractor, or Contractor's agents or employees, or(2) any act or omission on
the part of the Contractor or Contractor's agent or employees which is not authorized by these Specifications
shall be sustained and borne by the Contractor.
(b) Excavation shall be braced in accordance with CAL OSHA Standards so that they will be safe and the ground
alongside the excavations will not slide or settle, and all existing improvements of any kind, either on public or
private property, shall be fully protected from damage. If any damage does result, the necessary repairs as
directed by the City Engineer, shall be made by and at the expense of the Contractor.
(c) Performance under this Contract by the Contractor shall not be excused by any unforeseen obstruction or
difficulties which may be encountered,including damage to or destruction of the project under construction by
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THE CITY OF AZUSA
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action of the elements or otherwise.
3.25 USE OF IMPROVEMENT DURING PROGRESS OF CONSTRUCTION
At any time during the progress of work,the City Engineer may,upon written notice to the Contractor,takeover
and utilize the whole or any part of the improvement or appurtenance thereto which has been completed,giving
if desired,permits to utilize same. Such uses by the City Engineer shall constitute a limited acceptance of that
part of the improvement so taken over and utilized which shall relieve the Contractor and Contractor's sureties
from responsibility for any damage to or defect in that part of the improvement not inherent in the construction
which may be caused by the use of such part by the City or by property owners.
3.26 ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the Drawings and Specifications provide that more than one specified method of construction or more
than one specified type of construction equipment may be used to perform portions of the work and leave the
selection of the method of construction or the type of equipment to be used up to the Contractor,it is understood
that the City does not guarantee that every such method of construction or type of equipment can be successfully
used throughout all or any part of any project. It shall be the Contractor's responsibility to select and use the
altemative(s)which will satisfactorily perform the work under the conditions encountered. In the event some
of the alternatives are not feasible or it is necessary to use more than one of the alternatives on the project,full
compensation for any additional cost involved shall be considered as included in the Contract price paid for the
item of work involved and no additional compensation will be allowed therefore.
3.27 EXAMINATION OF WORK
(a) Contractor must examine the location,physical conditions and surroundings of the proposed work and judge
for themselves the nature of the excavation to be made and the work to be done.
(b) The Drawings for the work show conditions as they are supposed or believed to exist by the City Engineer,
but it is not intended or to be inferred that the conditions as shown thereon constitute a representation or
warranty, express or implied,by the City or its officers,that such conditions are actually existent,nor shall the
Contractor be relieved of the liability under this Contract,nor the City or any of its officers be liable for any loss
sustained by the Contractor as a result of any variance between conditions as shown on the Drawings and the
actual conditions revealed during the progress of the work or otherwise.
(c) Execution of the Contract shall be conclusive evidence that the Contractor has satisfied himself through his
own investigation as to the conditions to be encountered; the character, quality and quantity of work to be
performed;materials and equipment to be furnished; and all requirements of the Drawings and Specifications.
*** END OF SECTION 3 ***
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THE CITY OF AZUSA
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SECTION 4-MATERIAL,EQUIPMENT AND WORKMANSHIP
4.01 QUALITY
(a) Material and equipment shall be new and of the quality specified. All work shall be executed in conformit}
with the best accepted standard practice of the trade so as to contribute to maximum efficiency of operation.
accessibility and appearance, and minimum cost of maintenance and construction of future alterations anc
additions.
(b) Whenever the Contractor shall furnish materials or manufactured articles or shall do work for which no
detailed Specifications are set forth,the materials or manufactured articles shall be of the best grade in quality
and workmanship obtainable in the market from firms of established good reputation or,if not ordinarily carried
in stock,shall conform to the usual standards for first-class materials or articles of the kind required with due
consideration of the use to which they are to be put. In general,the work performed shall be in full conformity
and harmony with the intent to secure the best standard of construction and equipment of the work as a whole
or in part.
4.02 SAMPLES AND TESTS OF MATERIAL
(a) Samples of materials to be supplied by the Contractor shall be prepared and submitted for checking, if
required by the Specifications or the Engineer. The samples or test specimens shall be prepared and furnished
with information as to their source in such quantities and sizes as may be required,with all freight and charges
prepaid.
(b) All samples shall be submitted before shipment of the material to the site of the work and in ample time to
permit the making of proper tests,analyses,examinations,rejections and resubmission before the time at which
it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor will be
made by the Engineer in accordance with recognized standard practice. No such materials shall be used in the
work unless or until they have been accepted in writing by the Engineer and samples of materials will be retained
by the Engineer for reference and comparison purposes.
(c) The cost of material inspection and testing in the vicinity of the work unless specified otherwise herein,will
be borne by the City. If the inspection and testing of material in the vicinity of the work is not practicable,the
Contractor may request such inspection and testing take place at the point of manufacture. In such an event,the
additional cost to the City of remote inspection and testing shall be paid for by the Contractor. Such additional
costs will consist of reimbursement for travel time and expense to and from the remote point.
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THE CITY OF AZUSA
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4.03 PROOF OF COMPLIANCE WITH CONTRACT
In order that the Engineer may determine whether the Contractor has complied with the requirements of the
Contract Documents not readily determinable through inspection and tests ofplant,equipment,work or materials
the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents 03
other satisfactory proof as to compliance with such requirements.
4.04 SAFEGUARDING OF EQUIPMENT,MATERIAL AND WORK
The Contractor shall properly safeguard all equipment, material and work against loss, damage, malicious
mischief or tampering by unauthorized persons until acceptance of the work by the City. Locked and covered
storage or continuous surveillance by a watch-man shall be provided if required to accomplish this purpose.
4.05 DEFECTIVE MATERIAL,EQUIPMENT AND WORKMANSHIP
(a) Inspection of the work shall not relieve the Contractor of any of his obligations under the Contract. Even
though equipment,material or work required to be provided under the Contract have been inspected, accepted
and estimated for payment, the Contractor shall, at the Contractor's own expense, replace or repair any such
equipment, material or work found to be defective or otherwise not to comply with the requirements of the
Contract up to the end of the maintenance and guarantee period.
(b) Any equipment or material brought upon the job site by the Contractor and subsequently rejected by the
Engineer as not complying with the requirements of the Contract shall be removed immediately by the
Contractor.
(c) If the Contractor shall fail to repair or replace unsatisfactory equipment, material or work or to remove
unsatisfactory equipment or material from the job site within 10 calendar days after being ordered to do so by
the Engineer may make the ordered repairs or remove the condemned equipment or material and the City will
deduct the cost thereof from any moneys due or to become due the Contractor.
4.06 CHARACTER OF WORKMEN
Skilled workmen shall be employed on work requiring special qualifications. When required in writing by the
Engineer,the Contractor or any Subcontractor shall discharge any person who is,in the opinion of the Engineer,
incompetent,unfaithful,disorderly or otherwise unsatisfactory and shall not again employ such discharged person
on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for
compensation or damages against the City or any of its officers.
The Contractor shall provide, at all times, a superintendent on the job site who shall be able to speak,read and
write the English language per Section 7-6 of the SSPWC.
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THE CITY OF AZUSA
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4.07 RUBBISH AND DUST CONTROL
(a) During the progress of the work, the Contractor shall keep the site of the work and other areas utilized b:
the Contractor in a neat and clean condition and free from any accumulation of rubbish.
(b) The Contractor shall at all times conduct work so as to avoid unnecessary dust. The Contractor shall provid
adequate equipment,water and implement procedures to comply with the South Coast Air Quality Managemen
District rules to prevent dust emissions.
4.08 CLEANING UP
The Contractor shall promptly remove from the vicinity of the completed work, all rubbish, unused material
concrete forms, equipment and temporary structures used during construction. Additional clean-up work, is
provided in the Special Provisions, shall be performed by the Contractor.
4.09 GUARANTEE
(a) Besides guarantees required elsewhere in this Contract Document, the Contractor shall and hereby does
guarantee all work for a period of one(1)year after the date of acceptance of the work by the City and shall repair
and replace any and all such work, together with any other work which may be displaced, that may prove
defective in workmanship and/or materials within the one(1)year period from the date of acceptance,without
expense whatsoever to the City. Ordinary wear and tear and usual abuse or neglect is excepted. In the event of
failure to comply with the above mentioned conditions within seven(7)days after being notified in writing,or
in the event of an emergency,the City is hereby authorized to proceed to have the defects repaired and make good
at the expense of the Contractor, who hereby agrees to pay the cost and charges therefore immediately on
demand.
(b) The Contractor hereby guarantees that the entire work constructed under this Contract will meet fully all
requirements thereof as to quality of workmanship and of materials furnished by the Contractor. The Contractor
hereby agrees to make any repairs or replacements made necessary by defects in materials or workmanship
supplied by the Contractor that becomes evident within the guarantee period, and to restore to full compliance
with the requirements of these Specifications,including the test requirements set forth herein for any part of the
work constructed hereunder,which during said period is found to be deficient with respect to any provision of
the Specifications. The Contractor also agrees to hold the City harmless from claims of any kind arising from
damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of
written orders for same from the Engineer. If the Contractor fails to make the repairs and replacements promptly,
the City may do the work and the Contractor and the Contractor's surety shall be liable to the City for the cost
of such work.
(c)Upon acceptance of the work by the City,any and all manufacturer's guarantees held by the Contractor shall
be delivered to the City.
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THE CITY OF AZUSA
GENERAL CONDITIONS
(d) The guarantees and agreements set forth hereinbefore shall be secured by a surety bond which shall b(
delivered by the Contractor to the City before the notice of completion shall be filed by the Engineer. Said bon(
shall be in an approved form and executed by a surety company or companies satisfactory to the City, in th(
amount of ten percent of the Contract price. Said bond shall remain in force for the period specified herein
Instead of providing a surety bond,the Contractor may,at his option,provide for the Faithful Performance Bon(
furnished under the Contract to remain in force for said amount until the expiration of the required period.
*** END OF SECTION 4 ***
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•
THE CITY OF AZUSA
GENERAL CONDITIONS
SECTION 5- PROGRESS AND PAYMENT
5.01 CONTRACT TIME
Time is of the essence of the Contract. The Contractor shall commence work promptly under the Contract and
all portions of the work shall be prosecuted so that the entire work shall be completed and ready for use within
the time stipulated.
5.02 CONTRACT PRICE
Prior to commencement of the work, the Contractor shall submit a detailed price breakdown of any of the bid
items for the work contained in lump sum items. Such price breakdown shall include quantities,unit prices,and
any other information required in sufficient detail to enable it to be used in preparing monthly progress estimates.
5.03 CONSTRUCTION SCHEDULE
The Contractor shall submit a construction schedule prior to starting work showing the order in which the
Contractor proposes to carry on the work and the dates when the various parts are to be begun and completed.
The timing associated with submitting the schedule will be determined by the Engineer. The schedule shall be
subject to the approval of the Engineer and if in the Engineer's opinion a schedule submitted is inadequate to
secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the
Specifications, the Engineer may require the Contractor to submit a new schedule which will insure timely
completion of the work. It is mandatory that an up-to-date construction schedule be submitted with each request
for progress payment.
5.04 OVERTIME WORK
Except as otherwise provided in this section, the Contractor shall receive no additional compensation for
overtime work even though such overtime work may be required under emergency conditions and may be
ordered by the Engineer in writing. Additional compensation will be paid the Contractor for overtime work only
in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of
overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for
overtime work of a similar nature in the same locality.
5.05 EXTENSION OF TIME
(a) The Contractor may be entitled to an extension of Contract time: (1)if the work has been suspended by the
City,in whole or in part;or(2)where weather or other circumstances occur which delay progress and which are
clearly beyond the control of the Contractor;provided that,in either case,the Contractor is not at fault and is not
negligent under the terms of the Contract. The extension of time allowed shall be as determined by the Engineer.
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THE CITY OF AZUSA
GENERAL CONDITIONS
(b) To receive consideration,a request for extension of time must be made in writing to the Engineer stating the
reason for said request,and such request must be received by the Engineer within ten days following the end 01
the delay-causing condition.
5.06 FAILURE TO COMPLETE ON TIME
(a) The Contractor shall pay liquidated damages to the City in the amount specified in the Special Provisions
if the Contractor fails to complete the work within the time agreed upon. The period for which said damages
shall be paid shall be the number of calendar days from the agreed date of completion as contained in the
Contract, or from the date of termination of any extension of time approved by the Engineer, to the date the
Engineer certifies completion of work to the City. The City may deduct the amount of said damages from any
moneys due or to become due the Contractor.
(b) The said amount is fixed and agreed upon by and between the Contractor and the City because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the City would sustain. Said
amount is agreed to be the amount of damages which the City would sustain.
5.07 MONTHLY ESTIMATES AND PAYMENTS
(a) On or about the 25th of each month, the Engineer will prepare and certify to the City, an estimate of the
cumulative amount and value of work performed by the Contractor up to that date.The City may elect to pay for
work installed on a basis of 30% - 60% - 90% and 100% lump sum amounts, if Bid Items in the Bidding
Schedule lend themselves to this estimating procedure. Except as may otherwise be provided in the Special
Provisions,said amount will include 80 percent of the value of all acceptable materials and equipment delivered
to the work site. Said value will be based on certified copies of paid invoices delivered by the Contractor to the
Engineer. To this figure will be added all amounts due or paid the Contractor for performance of extra work in
accordance with change orders.
From the total computed above, a deduction of 10 percent will be made. Further deductions will be made for:
(1) amounts due the City for equipment or materials furnished or services rendered; (2) amounts due the City
under the terms of the Contract;(3)amounts of any claims of lien filed with the City in accordance with Section
6.02(b), and (4) amounts required to be deducted by federal, state or local governmental authority. From the
balance thus determined will be deducted the amount of all previous payments and the remainder shall constitute
the monthly payment due the Contractor.
(b) Pursuant to the provisions of Public Contract Code Section 22300,the Contractor is permitted to substitute
securities for any moneys withheld to ensure performance of this Contract. At the request and expense of the
Contractor,securities equivalent to the amount withheld shall be deposited with the State Treasurer ora state or
federally chartered bank in California as the escrow agent, who shall then pay the moneys to the Contractor.
Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
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THE CITY OF AZUSA
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Alternatively,the Contractor may request and the City shall make payment of retentions earned directly to the
escrow agent. The Contractor may direct the investment of the payments into securities and the Contractor shall
receive the interest earned on the investments upon the same terms provided for in this section for securities
deposited by the Contractor. Upon satisfactory completion ofthe Contract,the Contractor shall receive from the
escrow agent all securities, interest, and payments received by the escrow agent from the City pursuant to the
terms of this section.
Securities eligible for investment under this section shall include those listed in Section 16430 of the Government
Code,bank or savings and loan certificates of deposit,interest-bearing demand deposit accounts,standby letters
of credit,or any other security mutually agreed to by the Contractor and the City.
The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any
interest thereon.
The escrow agreement used pursuant to this section shall be null,void and unenforceable unless it is substantially
similar to the form enclosed.
(c) The Engineer's estimate of the monthly payment due the Contractor will not be required to be made by strict
measurement, an approximation will suffice. The monthly payments may be withheld or reduced if, in the
Engineer's opinion, the Contractor is not diligently or efficiently endeavoring to comply with the intent of the
Contract or if the Contractor fails to pay labor and material bills as they become due.
(d) The Contractor shall furnish the Engineer promptly,upon request,all information and records necessary to
determine the cost of the work for purposes of estimating monthly payments,including an itemized statement,
in a form satisfactory to the Engineer, of the actual cost of all acceptable materials delivered by the Contractor
to the site.
(e) No monthly payment shall be construed as an acceptance of the work or of any portion of the work,nor shall
the making of such payment preclude the City from demanding and recovering from the Contractor such damages
as it may sustain by reason of the Contractor's failure to comply with the requirements of the Contract.
(f) In the event the Contract is terminated,any funds due the Contractor and retained by the City shall become
the property of the City to the extent necessary to repay to the City any excess in the Contract price above the
cost of the work completed at the time of termination. After issuance of notice to discontinue work,no further
payment will be made to the Contractor for the work covered by the notice until completion of the work and final
settlement has been made.
5.08 UNPAID CLAIMS
If, upon or before completion of the work, or at any time prior to expiration of the period within which claims
of lien of stop notices may be filed for record, any person claiming to have performed any labor or to have
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THE CITY OF AZUSA
GENERAL CONDITIONS
furnished any materials,supplies or services toward the performance of this Contract,or to have agreed to do sc
shall file with the City a verified statement of such claim stating in general terms the kind of labor and materials
the value of same and the name of the person to or from whom the same was furnished,together with a statemen
that the same has not been paid; or if any person shall bring against the City or any of its agents any action tc
enforce such claim or stop notice, the City will, until the action is settled, withhold from moneys due to tit(
Contractor an amount sufficient to satisfy the decision of the court together with costs.
5.09 FULFILLMENT OF CONTRACT
The Contractor shall protect and care for all work until the Contract has been fulfilled to the satisfaction of the
City Engineer, and subsequent acceptance of the work by the City Council.
The Contractor shall remove all rubbish,excess earth and rock,leaving the site in a neat,orderly and presentable
condition before the City Engineer makes final inspection of the work to determine the fulfillment of the
Contract.
5.10 FINAL PAYMENT
(a) When the Engineer is of the opinion that the Contractor has completely performed all work required under
the Contract,the Engineer shall certify to the City that the work is complete and shall submit to the Contractor
a draft of the final estimate. The Contractor shall submit a written approval of said final estimate within five
calendar days after receipt,or,in the event the Contractor disagrees with said final estimate,the Contractor shall,
within said five day period, file a written statement of all claims to be presented. If the Contractor delays more
than five calendar days in approving said final estimate or in presenting claims,the time for final payment shall
be extended by the period of such delay.
(b) After acceptance of the work by the City Council and 35 calendar days after recording of the Notice of
Completion,the City will pay to the Contractor the amount remaining after deducting all prior payments and all
amounts to be kept or retained under the provisions of the Contract. In the event acceptance of the work is
delayed more than 30 calendar days beyond the date of the last partial payment under the Contract,the City will
make a further partial payment in accordance with Section 5.07.
(c) If the Contractor disagrees with the Engineer's final estimate and files a written statement of his claims,the
Engineer will issue,as a semi-final estimate,the proposed estimate submitted to the Contractor,and the City will
makepayment to the Contractor in accordance with the provisions of Subsection 5.10(b). The Engineer then will
investigate the Contractor's claims, make any revisions to said semi-final estimate as the Contractor deems
appropriate and certify in writing to the City the amount and value of the work performed by the Contractor. The
City then will make final payment to the Contractor in accordance with the provisions of Subsection 5.10(b).
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THE CITY OF AZUSA
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5.11 FINAL PAYMENT TERMINATES LIABILITY OF CITY
The acceptance by the Contractor of the final payment shall be a release of the City and its agents from all claim:
of and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act a
neglect of the City or of any person relating to or affecting the work. In addition, a certificate for waiver ant
release of lien shall be filed to release the City from any liability for outstanding, unknown claims.
5.12 NOTICE OF COMPLETION
As required by the California Code of Civil Procedure,and within ten calendar days after date of acceptance o;
the work by the City Council, the City will file, in the county recorder's office, a notice of completion of the
work.
5.13 CHANGES IN THE WORK
(a) GENERAL. The City reserves and shall have the right to revise the details of the contemplated work or to
delete work or add work of a different character or function and have the Contractor perform such revised,
decreased or added work as a Contract"change order".
"Extra work" is defined as added work of a different character or function and for which no basis for payment
is prescribed; or that involving revisions of the details of the work in such a manner as to render inequitable
payment under items upon which the Contractor bid; or that work to be done under the stipulated prices given
in the bidding schedule.
The signing of the Contract by the Contractor will be deemed to be an agreement on the part of the Contractor
to perform extra work, as and when ordered by the City.
If required extra work results in delay to the work,the Contractor will be given an equivalent extension of time.
(b) PROCEDURE. Upon decision of the City to have extra work performed, or to delete or modify work,the
City's representative will so inform the Contractor, acquainting the Contractor with the essential details. The
Contractor shall thereupon prepare an estimate of cost and submit said price and estimate to the City's
representative who will secure the City's approval in writing before work is started. The City reserves the right
to reject any claims as a result of extending the work under the bid prices,which has not been approved by the
City in the same manner herein provided.
Adjustment in the compensation due the Contractor shall be determined by one or more of the following methods
in the order of precedence listed below:
1. Mutually agreeable lump-sum or unit prices,based upon current prevailing fair prices for materials,labor,
overhead, and profit. If requested by the City's representative, the Contractor shall furnish an itemized
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THE CITY OF AZUSA
GENERAL,CONDITIONS
breakdown of the quantities and prices used in computing proposed lump-sum and unit prices.
2. Force account whereby the Contractor is compensated for furnishing labor,materials,tools,and equipment
as follows:
• Cost of labor plus 15 percent for workers directly engaged at the jobsite in the performance of the work.
Cost of labor shall include actual wages paid including employer payments to or on behalf of the workers
for health and welfare,pension,vacation,and similar purposes plus payments imposed on payroll amounts
by State and Federal laws plus subsistence and travel allowance payments to workers.
• Cost of material plus 15 percent. Cost of material shall include sales tax, freight, and delivery charges.
The City reserves the right to furnish such materials as it deems advisable and the Contractor shall not be
paid the 15 percent markup on such materials.
• For tools and equipment actually engaged in the performance of the work,rental rates plus 15 percent. The
rental rates shall be those prevailing in the area where the work is performed. No rental charge shall be
made for use of tools or equipment having a replacement value of$500 or less.
• Subcontractor invoices to the Contractor plus five percent. Subcontractor invoices shall be based upon the
above described cost of labor plus 15 percent, cost of material plus 15 percent, and tool and equipment
rental rates plus 15 percent.
• The Contractor shall submit to the City's representative for his verification,on a daily basis,work sheets
showing an itemized breakdown of labor,materials,tools and equipment used in performing the work. No
payment will be made for work not verified by the City's representative.
• No payment shall be made for any item not set forth above, including without limitation, Contractor's
overhead, general administrative expense, supervision, or damages claimed for delay in prosecuting the
remainder of the work.
The completed change order,when signed by the Contractor and the City shall become a contractual extension
of the Contract and all sureties, bonds and insurance in effect under the Contract shall be extended intact to
include the work described in the change order.
*** END OF SECTION 5 ***
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THE CITY OF AZUSA
GENERAL CONDITIONS
SECTION 6-LEGAL RESPONSIBILITY, SAFETY,BONDS AND INSURANCE
6.01 RESPONSIBILITY OF CONTRACTOR
(a) The work shall be under the Contractor's responsible care and charge. The Contractor shall bear all loss and
damage whatsoever and from whatever cause,except that caused solely and exclusively by the fault or negligence
of the City which may occur on or to the work during the fulfillment of the Contract. If any loss or damage
occurs,the Contractor shall immediately make good any such loss or damage and in the event of the Contractor
refusing or neglecting so to do, the City may itself or by the employment of some other person make good any
such loss or damage and the cost and expense of so doing shall be charged to the Contractor.
(b) The Contractor alone shall at all times be responsible for the safety of employees and any Subcontractor's
employees and for plant and equipment and any Subcontractor's plant and equipment and the method of
prosecuting the work.
6.02 LIABILITY OF CONTRACTOR
(a) The Contractor shall be liable for all damages and injury which shall be caused to City of property on or in
the vicinity of the work or which shall occur to any person or persons or property whatsoever arising out of the
performance of this Contract,whether or not such damage or injury be caused by the negligence of the Contractor
and whether or not such damage or injury be caused by the inherent nature of the work as specified except the
willful or negligent acts of the City, its officers or agents.
(b) In case any suit or legal proceedings shall be brought against the City or the Engineer or any of their officers,
agents or employees on account of loss or damage sustained by any person or property as a result of the
performance of the work covered by this Contract, whether or not such injuries or damage be due to the
negligence of the Contractor and whether or not such injuries or damage be caused by the inherent nature of the
work as specified, the Contractor agrees to assume the defense thereof and to pay all expenses connected
therewith including reasonable attorneys' fees and any judgment that may be obtained against the City or the
Engineer or any of their officers,agents or employees in such suits,and in the event that any lien is placed upon
the property of the City or the Engineer or any of their officers, agents or employees, as a result of such suits,
the Contractor agrees to at once cause the same to be dissolved and discharges by giving bond or otherwise.
6.03 LAWS, REGULATIONS AND PERMITS
(a) The Contractor shall give all notices required by law and comply with all laws, ordinances, rules and
regulations pertaining to the conduct of the work. The Contractor shall be liable for all violations of the law in
connection with work furnished by the Contractor. If the Contractor observes that the Drawings or Specifications
are at variance with any law,ordinance,rule or regulation,the Contractor shall promptly notify the Engineer in
writing and any necessary changes shall be made by instruction or change order. If the Contractor performs any
work knowing it to be contrary to such laws, ordinances, rules and regulations and without giving such notice
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THE CITY OF AZUSA
GENERAL CONDITIONS
to the Engineer,the Contractor shall bear all cost arising therefrom.
(b) Unless otherwise specified herein, permits and licenses which are necessary only for and during the
prosecution of the work and the subsequent guaranty period thereafter shall be secured and paid for by the
Contractor while those permits and licenses of regulatory agencies which are necessary to be maintained after
the completion of the guaranty period of the Contract will be secured and paid for by the City.
6.04 PATENTS AND COPYRIGHTS
The Contractor shall hold harmless, indemnify and defend the City and Engineer, their officers, agents and
employees against all claims of liability arising from the use of any patented or copyrighted design, device,
material or process,furnished,or used by the Contractor or any Subcontractors in the performance of the work.
6.05 PERMITS AND LICENSES
Unless otherwise provided in the Special Provisions,the Contractor shall obtain at the Contractor's own expense
all permits and licenses required for prosecution of the work and shall pay all fees and taxes properly assessed
against equipment or property used in connection with the work.
6.06 SALES AND USE TAXES
The Contractor shall pay all sales and use taxes assessed by federal, state or local authorities on materials
furnished by the Contractor in the performance of the work.
6.07 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons on the work by the Contractor or by any
Subcontractor because of race,color,religion, sex, ancestry or national origin of such persons.
6.08 WAGE DETERMINATIONS
(a) As required by the California Labor Code, the Contractor shall pay not less than the prevailing rate of per
diem wages as determined by the Director, Department of Industrial Relations, State of California. Copies of
such prevailing rate of per diem wages are on file at the City Clerk's office,which copies will be made available
to any interested party upon request. The Contractor shall post a copy of such determination at each job.site.
(b) The Contractor shall,as penalty to the City,forfeit$50.00 for each calendar day,or portion thereof,for each
worker paid less than the specified prevailing rates for such work or craft in which such worker is employed,
whether paid by the Contractor or by any Subcontractor.
(c) In accordance with the provisions of the California Labor Code,the Contractor shall secure the payment of
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THE CITY OF AZUSA
GENERAL CONDITIONS
compensation to employees.
6.09 APPRENTICES ON PUBLIC WORKS PROJECTS
The Contractor shall comply with all applicable provisions of the California Labor Code relating to employment
of apprentices on public works projects.
6.10 WORKING HOURS
The Contractor shall comply with all applicable provisions of the California Labor Code relating to working
hours. The Contractor shall, as a penalty to the City, forfeit$25.00 for each worker employed in the execution
- of the Contract by the Contractor or by any Subcontractor, for each calendar day during which such worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week,
unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1 %2 times
the basic rate of pay.
6.11 PUBLIC SAFETY AND CONVENIENCE
(a) The Contractor shall at all times conduct work so as to assure the least possible obstruction to traffic and
inconvenience to the general public and adequate protection of persons and property in the vicinity of the work.
No street shall be closed to the public without first obtaining permission of the Engineer and proper governmental
authority. Where excavation is being performed in primary streets or highways,one lane in each direction shall
be kept open to traffic at all times unless otherwise provided or shown. Toe boards shall be provided to retain
excavated material. Fire hydrants on or adjacent to the work shall be kept accessible to fire-fighting equipment
at all times. Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper
functioning of all gutters, storm drain inlets and other drainage facilities.
(b) The Contractor shall provide adequate barricades,signs,warning lights,watchmen and flagmen as required,
as directed by the Engineer and agency having jurisdiction, to protect the work and the safety of the public.
Warning lights using inflammable liquids will not be permitted. Only electrically-operated warning lights will
be approved for use. Warning lights shall operate from sunset to sunrise. Barricades shall be painted to increase
their visibility at night.
(c) "NO PARKING" signs with specific time frames shall be supplied and posted by the Contractor 48 hours
prior to start of work. The Contractor shall notify the local Police Department of such restrictions and obtain
approval for the posting from the City Engineer.
6.12 TRENCH EXCAVATION
Prior to excavating any trench five feet or more in depth the Contractor shall submit to the Engineer a detailed
plan showing the design of shoring,bracing,sloping or other provisions to be made for worker protection from
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THE CITY OF AZUSA
GENERAL CONDITIONS
the hazard of caving ground. If such plan varies from the shoring system standards established by the
Construction Safety Orders of the California Division of Industrial Safety,the plans shall be prepared by a civil
engineer registered in California. In no case will the Contractor be permitted to use a shoring, sloping or other
protection system less effective than that required by said Orders. Nothing contained herein shall be construed
to impose a tort liability upon the City,Engineer or any of their officers, agents or employees.
6.13 CONCRETE FORMS, FALSEWORK AND SHORING
The Contractor shall comply with the requirements of CAL OSHA, Construction Safety Orders,regarding the
design of concrete forms, falsework and shoring and the inspection of same prior to placement of concrete. The
Contractor shall employ a civil engineer registered in California to prepare design calculations and working
drawings of the falsework or shoring system,to inspect such system prior to placement of concrete and to certify
in writing to the Engineer 24 hours prior to placing concrete that the false work or shoring system complies with
the design and that the materials and workmanship are satisfactory for the purpose intended.
6.14 SANITARY PROVISIONS
The Contractor shall provide and maintain sanitary facilities for the use of employees and Subcontractors
necessary to comply with the requirements of state and local health departments.
6.15 SAFETY AND HEALTH REGULATIONS
All work shall be performed in accordance with requirements of the California Division of Industrial Safety,the
California Occupational Safety and Health Act and the William Steiger Occupational Safety and Health Act of
1970. The job safety conditions will be the responsibility of the Contractor.
6.16 LABOR,MATERIAL AND PERFORMANCE BONDS
The Contractor shall furnish two bonds each in the amount shown in the Notice Inviting Bids, one as security
for the faithful performance of the work and the other as security for the faithful payment and satisfaction of all
persons furnishing materials and performing labor on the work. The bonds shall be issued by a corporation duly
and legally licensed to transact surety business in the State of California. Such bonds shall remain in force
throughout the period required to complete the work. The bond must be executed by a duly licensed surety
company approved by the City.
6.17 CONTRACTOR NOT RESPONSIBLE FOR DAMAGE RESULTING FROM
CERTAIN ACTS OF GOD
As provided in Section 7105 of the Public Contract Act, the Contractor shall not be responsible for the cost of
repairing or restoring damaged portions of the work determined to have been caused by an act of God,in excess
of five percent of the Contract amount, provided, that the work damaged was constructed in accordance with
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THE CITY OF AZUSA
GENERAL CONDITIONS
accepted and applicable building standards and the Specifications and Drawings. The Contractor shall obtair
insurance to indemnify the City for any damage to the work caused by an act of God if the premium of saic
insurance coverage is called for as a separate bid item in the proposal for the work. The term"Act of God" shal
include only the following occurrences or conditions and effects: (1)earthquakes and(2)Tsunami.
6.18 INSURANCE
(a) GENERAL. The Contractor shall procure and maintain for the duration of the Contract, insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or
Subcontractors. The cost of said insurance shall be included in the Contractor's bid. The Contractor shall not
commence work under this Contract until ALL insurances required herein are obtained and until such insurance
has been approved by the City. The Contractor shall not allow any Subcontractor to commence work on any
subcontract until the insurance required of the Subcontractor has been so obtained and approved.
The insurance required herein shall be maintained continuously during the life of the Contract up to the date of
acceptance of the work by the City Council,however,the Contractor's liabilities under this Contract shall not
be limited in anyway to the insurance coverage required.Each insurance policy required herein shall be endorsed
to state that coverage shall not be suspended,voided,canceled,reduced in coverage or in limits except after thirty
(30)days prior written notice by certified mail,return receipt requested,has been given to the City. Insurance
is to be placed with insurer's having a Best's rating of no less than A minus.
(b) GENERAL LIABILITY AND AUTOMOBILE LIABILITY COVERAGES. The policies are to contain,
or be endorsed to contain the following provisions:
1. The City, its Council Members, officials, employees,designated agents and volunteers and the Engineer,
his directors, employees, contract employees and agents are to be covered as insures with the following:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor;premises owned,leased or used by the Contractor; or automobiles owned,leased
or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the City,its Council Members,officials,employees,designated agents or volunteers,and the Engineer,his
directors, employees, contract employees and agents.
2. The Contractor's insurance coverage shall be primary insurance with respect to the City, its Council
Members,officials,employees,designated agents and volunteers,and the Engineer,his directors,employees,
contract employees and agents. Any insurance or self-insurance maintained by the City,its Council Members,
officials, employees, designated agents or volunteers, and the Engineer, his directors, employees, contract
employees and agents shall be excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
City, its Council Members, officials, employees, designated agents or volunteers, and the Engineer, his
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THE CITY OF AZUSA
GENERAL CONDITIONS
directors, employees, contract employees and agents.
4. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought except with respect to the limits of the insurer's liability.
(c) WORKERS' COMPENSATION INSURANCE. The Contractor shall procure and maintain workers'
compensation insurance as required by applicable state law for all employees to be engaged in work at the site
of the project under this Contract and, in case of any such work sublet, the Contractor shall require the
Subcontractor to provide workers'compensation insurance for all of the latter's employees to be engaged in such
work unless such employees are covered by the protection afforded by the Contractor's workers'compensation
insurance. The Subcontractor's insurance coverages shall be subject to all of the same requirements stated herein
for.the Contractor's insurance coverage. In case any class of employees engaged in hazardous work under this
Contract is not protected under the workers'compensation statute,the Contractor shall provide and shall cause
each Subcontractor to provide adequate employers'liability insurance for the protection of such employees that
are not otherwise protected.
(d) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE
LIABILITY INSURANCE. The Contractor shall procure and maintain contractor's public liability insurance,
contractor's property damage insurance and vehicle liability insurance in the amounts listed in the Special
Provisions.
(e)SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE
LIABILITY INSURANCE. The Contractor shall either: (1) require each Subcontractor to procure and to
maintain subcontractor's public liability and property damage insurance and vehicle liability insurance of the
type and in amounts specified,or(2)insure the activities of Subcontractors in the Contractor's own policy,in
like amount.
(f) BUILDER'S RISK INSURANCE(ALL RISK COVERAGE). The Contractor shall procure and maintain
builder's risk insurance(all risk coverage)on a 100 percent completed value basis for the benefit of the City,the
Contractor and Subcontractors as their interest may appear.
(g) MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002(Ed. 1/73)covering Comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability;or
Insurance Services Office Commercial General Liability coverage("occurrence" From CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any
auto" and endorsement CDA 0025.
3. Workers'Compensation insurance as required by the State of California and Employers Liability insurance.
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THE CITY OF AZUSA
GENERAL CONDITIONS
(h) MINIMUM LIMITS OF INSURANCE. Contractor shall maintain limits no less than the following unless
modified in the Special Provisions:
1. Comprehensive General Liability: $1,000,000 per occurrence for bodily injury,personal injury and propert)
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 shat
be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Limits as required by the State of California and Employers Liability limits of
$1,000,000 per accident.
(i) DEDUCTIBLES AND SELF INSURED RETENTIONS. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City,its directors,officials,employees,designated
agents and volunteers, and the Engineer, his directors, employees, contract employees and agents; or the
Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration
and defense expenses.
(j) VERIFICATION OF COVERAGE. The Contractor shall furnish the City with certificates of insurance and
with original endorsements affecting coverage required by this section. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be on forms provided by the City and are to be received and approved
by the City before work commences.
(k) The certificates of insurance shall name as additionally insured the City agents listed in the Special
Provisions.
6.19 LIABILITY OF CITY AND ENGINEER
To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City,
Engineer and their officers, agents and employees against and from all claims, suits or actions arising under or
by reason of the work agreed to be undertaken in the Contract or any performance of the work from the sole
negligence of the Contractor or employees or agents or negligence which could be jointly attributed to City
employees or the Contractor,but not from the sole negligence or willful misconduct of the City or the Engineer.
*** END OF SECTION 6 ***
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CITY OF AZUSA
SPECIAL PROVISIONS
7.01 THE REQUIREMENTS
(a) It is required that there be furnished in accordance with these specifications and accompanying drawings all
plant, labor, equipment, shoring, bracing, sheeting, cribbing, false work, pumping, drainage and materials of
every description as required or necessary to excavate,backfill,grade,construct,lay,erect,install,test,disinfect,
clean-up and leave in an operable and acceptable condition all of the work.
(b) The work consists of concrete and asphalt concrete improvements on Foothill Boulevard for Orange Avenue
to Rockvale Avenue
7.02 CITY DESIGNATED ENGINEER
The City Engineer is the designated Engineer for this Contract. The project manager is Robert Lemon. The
Project Manager's telephone number is_(626) 812-5200 ext. 5464 and the fax number is (626) 812-9517.
7.03 BEGINNING AND COMPLETION OF WORK AND WORK HOURS
The work shall be commenced within 5 working days after the date set forth in the"Notice to Proceed"to begin
work. All work shall be completed within 35 working days after said date.All the work under this contract shall
be performed between 7 a.m. and 5 p.m.
7.04 LIQUIDATED DAMAGES
The City and Contractor agree that it would be impracticable or extremely difficult to fix actual damages in case
of the Contractor's delay in completion of work beyond the time agreed upon,therefore,the City and Contractor
agree that the Contractor shall pay to the City as fixed, agreed and liquidated damages the amount of$500 for
each calendar day's delay in completion of the work beyond the time agreed upon,and agrees that said liquidated
damages is a reasonable estimate of the damages to be sustained by the City.
7.05 STANDARD SPECIFICATIONS
The work shall be in accordance with these Specifications and the "Standard Specifications for Public Works
Construction",latest Edition,published by Building News,Inc.,3055 Overland Avenue,Los Angeles,California
90034, and are referred to elsewhere in these Specifications as SSPWC. Copies of the "SSPWC" are on file in
the office of the City Engineer and are open to public inspection during regular business hours.
7.06 WATER AND POWER
(a) The City will supply the Contractor with all water required during the construction. Upon the Contractor
making a deposit of$1,000 for each meter,the Water Utility Manager will cause a meter to be installed on a fire
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SPECIAL PROVISIONS
hydrant as near as possible to the site of the work. The Contractor at his own expense shall provide facilities foi
conveying the water from the meter to the point of use.
(b) The Contractor shall provide temporary electric power as required for his construction operations under the
contract. He shall pay for the meter installation and for all power used.
7.07 TRENCH EXCAVATION
The Contractor,prior to excavating any trench five feet or more in depth shall submit to the Engineer a detailed
plan showing the design of shoring,bracing,sloping or other provisions to be made for worker protection from
the hazard of caving ground. If such plan varies from the shoring system standards established by the CAL
OSHA,the plans shall be prepared by a registered civil or structural engineer.
7.08 PERMITS AND LICENSES
A City of Azusa business license is required for Contractors and Subcontractors.The Contractor is responsible
to obtain a business license at his own expense.The Contractor is responsible for obtaining any required permits
for this project. The City will reimburse the Contractor for all permit fees.
7.09 LINES, GRADES AND MEASUREMENTS
(a)All lines and grades required for proper execution of the work shall be furnished by the Contractor who will
be held responsible for constructing the work to the lines and grades shown on the Drawings.
(b) The Contractor shall preserve all bench marks, monuments, survey marks and stakes and, in case of their
removal or destruction,he shall be liable for the cost of their replacement.
7.10 GUARANTEE
The Contractor hereby guarantees for a one-year period that the entire work constructed by him under this
Contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him.
7.11 RESTORATION OF EXISTING FACILITIES
(a) ROADS AND STREETS. All roads and streets in which the surface is removed,broken or damaged,or in
which the ground has caved or settled due to work under this Contract, shall be completely resurfaced and
brought to the original grade and crown section unless otherwise indicated. Before resurfacing material is placed,
edges of pavements shall be trimmed back far enough to provide clean,solid,vertical faces, and shall be free of
any loose material. Paving shall be one-inch thicker than adjoining pavement and shall conform to the
requirements of these Specifications. Roadways used by the Contractor for hauling materials, equipment,
supplies,etc.,shall be cleaned and repaired if the condition of the roadway is damaged or otherwise affected due
to the Contractor's operation.
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SPECIAL PROVISIONS
(b) CULTIVATED AREAS AND OTHER SURFACE IMPROVEMENTS. All cultivated areas, either
agricultural or landscaping,and other surface improvements which are damaged by actions of the Contractor shall
be restored as nearly as possible to their original condition.
(c) EXISTING STAKES AND MARKS. All section, section subdivisions, plat, U.S.E.D., U.S.C. & G.S.,
U.S.G.S.,and any other official monuments or bench marks shall be carefully preserved or replaced. In the event
any such monument or marker is disturbed as a result of the Contractor's operation,the Contractor shall replace
or reset such monument or marker in a manner satisfactory to the Engineer. Replaced or reset monuments shall
be of acceptable type and quality and shall be located so as to clear existing utilities or any other interferences.
They shall be placed in a manner consistent with good and recognized engineering and surveying practice.
(d) SIDEWALK RECONSTRUCTION. Where sidewalk, curbs, or gutters are to be repaired,the repairs shall
be made by removing and replacing the entire section back to the nearest score lines and not by refinishing the
damaged portion.
7.12 CONTRACT DRAWINGS
The Contract Drawings applicable to the work to be performed under this Contract are bound herein or attached
hereto.
7.13 SHOP DRAWINGS
The Contractor shall furnish Shop Drawings to the Engineer for review in accordance with Section 2.04 of the
General Conditions.
7.14 INSPECTION
The City shall provide inspection for an 8-hour day and 40-hour work week for Monday through Friday. No
work shall be performed on weekends,unless approved in writing by the Water Utility Manager.The Contractor
shall reimburse the City at rates established by the City for inspection in excess of the foregoing,including legal
holidays.
7.15 WATERING
(a) Water for compacting original ground,fill material,subgrades,and water required for laying dust caused by
grading operations and the passage of traffic through the work shall be applied as directed by the Engineer.
(b) Full compensation for furnishing water for any of the construction operations shall be considered as included
in the prices paid for the various contract items of work and no additional allowance shall be made therefor.
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SPECIAL PROVISIONS
7.16 PUBLIC CONVENIENCE, SAFETY AND TRAFFIC CONTROL
(a) Traffic and access shall comply with Section 7-10 of the "Standard Specifications for Public Works
Construction"and the requirements set forth herein.
The Contractor shall be responsible for all traffic control during construction,and any other activity or condition
that may alter existing traffic control and place in jeopardy the safety of the public or those in the employ of the
Contractor. He shall be responsible for placing at an absolute minimum the chance of harm or injury to the
public or to those in the employ of the Contractor through the use of accepted construction traffic control
standards and techniques.
The Contractor shall be in strict conformance with the"Work Area Traffic Control Handbook"(WATCH). Any
situation not addressed by the WATCH Manual shall conform to the detour/lane reduction plan provided by the
Contractor or the direction of the Engineer. The Contractor shall immediately correct any deficiencies in existing
traffic control as directed by the Engineer. Arrowboards shall be installed at both ends of a work area where
traffic lanes are reduced or diverted.
(b) No street or access closure to through traffic will be allowed without the express approval of the Engineer.
(c) All existing stop signs,street name signs and regulatory signs shall be maintained in visible locations during
construction and permanently relocated or removed as directed by the plan and the Engineer.
(d) The Contractor shall provide access through the site for the use of emergency vehicles and local traffic to
residences and businesses.
(e) Temporary no parking is authorized along the streets in the project areas. Contractor shall post"Temporary
No Parking" signs after notifying and receiving approval from the Engineer. Type of sign and method and
location of posting shall also be subject to the Engineer's approval. The Contractor shall notify all affected
residences and business establishments at least seven(7) days prior to the posting of signs. The"No Parking"
signs shall be posted at least 48 hours prior to work.
(f) All warning signs, lights, and devices to be used by the Contractor shall conform to the standards of he
"Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon
Highways"Issued by the Department of Transportation, State of California, latest edition.
(g) Payment for traffic control will be included in related payment items and no additional compensation will
be allowed therefor.
(h) Contractor shall maintain access to driveways wherever possible and no driveway or drive approach shall
remain closed for more than(2)two consecutive days. All driveways and drive approaches which are not poured
the same day in which the existing area was excavated and graded shall be ramped with aggregate base material
to the satisfaction of the Engineer. All approaches to other proposed concrete improvements normally used as
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SPECIAL PROVISIONS
an access way for traffic(i.e. cross-gutters, spandrels,etc.)shall be treated in a similar fashion. While working
on any driveway where vehicular passage will be temporarily interrupted,he shall notify the property owner 24
hours before commencing work so that the owner may park his/her vehicles off his property.
(i) In addition, if the Contractor fails or refuses to place adequate warning lights, and or barricades necessary
for the public's convenience and safety, the City will place warning lights or barricades to protect or warn the
public of any dangerous condition connected with Contractor's operations. Contractor shall become liable to
the City at the rate of five hundred dollars ($500)per night.
At least 5 working days in advance of closing or partially closing any street or alley, Contractor shall submit a
plan for detouring of traffic to the Engineer for his approval.
Full compensation for providing for the public convenience as set forth in this Section shall be considered as
included in the prices paid for the various contract items of work and no additional allowance will be made
therefor.
7.17 CONSTRUCTION INTERFERENCES
(a) Insofar as practicable,during the progress of the work,the Contractor shall not disturb,but shall support and
protect against injury and maintain in good operating condition at his own expense,all subsurface, surface and
overhead utilities, fences, structures and other facilities whether or not they are shown on the Drawings.
(b) All facilities removed shall be reconstructed as promptly as is reasonably possible in their original or other
authorized locations and in a condition at least as good as when removed and subject to the inspection of the City,
or the governing body having jurisdiction.
(c) During the performance of the work under these Specifications,the City or agencies in control of any of the
facilities affected by the work shall have the right to enter when necessary upon the pipeline right-of-way, or
upon any portion of the work thereof,for the purpose of maintaining service and of making changes in or repairs
to said facilities.
(d) The Contractor shall be responsible for and shall make good all damage due to utilities, structures or other
facilities as shown on the Drawings due to his operations, and the provisions of this section shall not be abated
even in the event such damage occurs after backfilling or is not discovered until after completion of backfilling.
(e) The Drawings show the approximate position of known subsurface, surface and overhead utilities, fences,
structures, and other facilities as they are supposed to exist in the immediate vicinity of the work,but the City
does not guarantee that all existing facilities are shown on the Contract Drawings. The Contractor will not be
assessed for liquidated damages due to delay in removal or relocation of utility facilities.
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SPECIAL PROVISIONS
7.18 SCHEDULING OF WORK
The Contractor shall submit a detailed schedule of work to the Engineer for his approval prior to commencing
construction of any portion of the project. The Engineer shall have the right to revise or alter the Contractor's
work schedule. The Contractor shall not commence work until he has received Notice to Proceed from the City.
7.19 RIGHT-OF-WAY
(a) The Contractor shall not do any work that would affect any oil, gas, storm drain or water pipelines, any
telephone,telegraph or electric transmission lines,fences or any other structure,nor enter upon the rights-of-way
or other lands appurtenant thereto until notified by the Engineer that the City has secured authority therefor from
the proper companies or parties.
(b) After authority has been obtained, the Contractor shall give said companies or parties due notice of his
intention to begin work and he shall give them convenient access and every facility for removing, shoring,
supporting or otherwise protecting such pipelines, transmission lines, ditches, fences or structures and for
replacing same.
7.20 COORDINATION OF CONSTRUCTION
The Contractor shall coordinate construction as required by the Engineer with other adjacent utility and building
projects, and provide adequate access to adjoining properties at all times. The Contractor shall provide for this
in his bid and therefor shall have no claims for damages or extra compensation in the event his work is delayed
by the work performed by others.
7.21 COMPLIANCE WITH NATIONAL CLEAN WATER ACT
The Contractor is required to comply with the National Clean Water Act as follows:
(a) General Practices:
Develop and implement erosion/sediment control plans for embankments, if any.
Schedule excavation and grading work for dry weather. Check for and repair leaking equipment.
Perform major equipment repairs in designated areas, away from the construction site.
Designated a location away from storm drains for refueling and vehicle/equipment maintenance.
Do not use diesel oil to lubricate equipment or parts.
Recycle used oil, concrete, broken asphalt, etc. whenever possible.
SP-6
SPECIAL PROVISIONS
Use good materials storage, spill prevention and other"housekeeping"practices to prevent runof
contamination by toxic chemicals such as paints,solvents,pesticides,fuels or metals from building
materials.
(b) Asphalt/Concrete Removal:
After breaking old pavement,be sure to remove all chunks and pieces.
Make sure broken pavement does not come in contact with rainfall or runoff.
Shovel or vacuum saw-cut slurry and remove from the site. Cover or barricade storm drain during
saw-cutting if necessary.
(c) During Construction:
Cover and seal catch basins and maintenance holes when applying seal coat,slurry seal,fog seal,etc.
Use check dams ditches or berms to divert runoff around excavations.
Never wash excess materials from exposed aggregate concrete or similar treatments into a street or
storm drain. Collect and recycle or dispose to dirt.
Cover stockpiles (asphalt, sand etc.) and other materials with plastic sheets and berms.
Catch drips from paver with drip pans or absorbent material(cloth,rags,etc.)placed under machine
when not in use.
Clean up all spills and leaks using"dry"methods (with absorbent materials and/or rags), or dig up
and remove contaminated soil.
Collect and recycle excess abrasive gravel or sand. Call the Integrated Solid Waste Management
Office to order Construction and Demolition Waste Recycling Guide, (213) 237-1444.
Avoid over application by water trucks for dust control.
7.22 INSURANCE
The Contractor shall maintain public liability and property damage insurance in the amount of not less than
$1,000,000 for one person with respect to any property damage involved.
Certificates of Insurance shall be submitted to the City with the following as additionally insured:.
SP-7
.
SPECIAL PROVISIONS
a) The City of Azusa,its Council Members,officials,employees,designated agents or volunteers.
b) The Engineer,its directors,employees,contract employees and agents.
AGREEMENT
This AGREEMENT, made and entered into this 1st day of , by and
between the CITY OF AZUSA, a municipal corporation (hereinafter referred to as
the "CITY") and a corporation (hereinafter referred to as the
"COMPANY") .
WITNESSETH:
The parties hereto do agree as follows:
I. RECITALS:
This AGREEMENT is made and entered into with respect to the
following facts:
(A) The CITY, pursuant to Section 37103 of the Government Code of
the State of California, is desirous of obtaining certain
services available through the COMPANY, the same being special
engineering and maintenance skills relative to traffic signal
devices.
(B) The principals of the COMPANY represent that they are well
qualified to perform such services by reason of their special
training and experience relative to the repair and maintenance
of such devices.
(C) That the public interest, convenience, and necessity requires
that the CITY obtain such services upon the Terms and
Conditions hereinafter set forth.
II. DEFINITIONS:
(A) The words "City Engineer" shall mean the City Engineer of the
City of Azusa, acting personally or through his duly
authorized agents, each agent acting only within the scope of
authority delegated to him.
(B) The words "Police Chief" shall mean the Chief of Police of the
City of Azusa, acting personally or through his duly
authorized agents, each agent acting only within the scope of
authority delegated to him.
III. AUTHORITY OF THE CITY ENGINEER:
(A) The City Engineer shall decide any and all questions which may
arise as to the quality or acceptability of materials
furnished and work performed, and as to the manner of
performance and rate of progress of the work; all questions
which arise as to the acceptable fulfillment of the AGREEMENT
on the part of the COMPANY; and all questions as to claims and
compensations.
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(B) The City Engineer's decision shall be final and he shall have
executive authority to enforce and make effective such
decisions and orders that the COMPANY fails to carry out
promptly.
(C) At no time will any changes in timing, progression or mode of
operation of the signals be made except under the direct
supervision of the City Engineer.
IV. SUBLETTING AND ASSIGNMENT:
(A) Traffic Signals: The COMPANY shall, during the term of the
AGREEMENT, service, maintain, and overhaul traffic signal
devices; i.e. , fixed time, semi-actuated and fully-actuated
traffic signals, at the locations set forth on Exhibit "C"
attached hereto and incorporated herein by this reference, and
at such other locations where such devices may, from time to
time, be installed within the CITY. It is understood and
agreed that all said labor, services, materials and equipment
shall be furnished and said work performed and completed by
the COMPANY as an independent company, subject to the
inspection and approval by the City Engineer. When the CITY -
desires to add traffic signal devices, to be serviced and
maintained pursuant to this AGREEMENT, it shall notify the
COMPANY thereof at least ten (10) days in advance of the time
such service shall commence.
The services to be performed by the COMPANY hereinafter shall
consist of a preventative maintenance program including, but not
limited to, the following:
1. The inspection, cleaning, and adjustment of each
controller unit, and the repair and replacement of any
and all defective parts; such inspection, cleaning and
adjustment shall take place as to each unit at least
once per calendar month, excluding obsolescence and
availability of parts which warrant controller
replacement.
2 . The COMPANY shall relamp on a group relamping basis, the
relamping period shall be based on a 80% depletion curb,
not to exceed twelve (12) months. Lamps shall be
General Electric, Sylvania, Westinghouse, Norelco or
approved equal.
3 . The cleaning, polishing, and inspection of all lenses
and reflectors in each unit at the time the signals are
relamped.
4 . The maintenance of all vehicle loop detector sensors and
replacement of same if required (Extra Work) .
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5. The painting of all controller cabinets and signal
equipment at least once each two (2) years (Extra Cost
per Month) if requested.
6. The maintenance of a patrol to ensure the prompt
replacement of burned out lamps and repair of controller
malfunctions, and to ensure the traffic
signal progression of all units according to timing
relationships determined by the City Engineer.
(B) ,Safety Lighting: The COMPANY shall service and maintain
safety lighting at the locations shown on Exhibit "C"
(attached) and incorporated herein by this reference and at
such locations where such devices may, from time to time, be
installed within the City.
The services to be performed by the COMPANY hereunder shall consist
of the following:
1. The maintenance of a patrol to ensure prompt replacement
of burned out lamps with such replacement to be
performed within twenty-four (24) hours. Cost of
lamps/ballasts is extra. Labor to install
lamps/ballasts is included.
2. Cleaning of the luminaire reflector and refractor at the
time of replacement of the lamp.
V. ANSWERING SERVICE CALLS:
(A) The COMPANY shall maintain a twenty-four (24) hour emergency
service so that it may be contacted at any hour of the day or
night and will be required to answer different types of calls
as specified below, within certain time limits. the COMPANY
shall supply the City Engineer and the Police Chief with a
telephone number from which radio operators may be contacted
at all hours. If this telephone number is a toll call, the
CITY will reverse the charges.
(B) Jight-Out Calls: Two separate indications, one of which must
be the mast arm indication, will be required for each
direction of traffic at all times. When this number falls
below two, or the mast arm indications is out, the COMPANY
shall answer the light-out call as soon as possible, not to
exceed two (2) hours, day or night. In the event a light-out
call is received with the report that two indications, one of
which must be the mast arm indication, are still remaining the
COMPANY shall answer the call within twenty-four (24) hours.
(C) Emergency Calls: Whenever the signal is malfunction in any
manner, the COMPANY shall answer the call immediately,
regardless of the fact that the controller may have been
switched to flashing
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operation by the Police Department. The work "immediately" is
construed to mean with all possible haste, and shall not
exceed two (2) hours. The above will also apply to any calls
indicating the existence of danger to the motoring public
caused by the signal control or the lack thereof.
(D) Equipment Required: The COMPANY shall be equipped with spare
parts sufficient to place the signal back in operation for
ordinary trouble calls. In those cases where a complex
controller or component has to be required, the COMPANY shall
be required to furnish and install a substitute controller
until the defective unit has been restored to its original
condition as originally installed.
VI. EXTRAORDINARY MAINTENANCE:
Whenever, during the course of this AGREEMENT, any part of the
signal system is damaged by collision, Acts of god, or malicious
mischief, excepting damage resulting from the negligence of the
COMPANY while on the job, the repair of such damage will be paid for
as extraordinary maintenance. In addition to this pedestrian signal
neon tubes and transformers, florescent street name signs, or any
revision work the CITY may request the COMPANY to perform will be
paid for as extraordinary maintenance as set forth in Exhibit (A) .
VII. COMPENSATION:
(A) The CITY shall pay to the COMPANY the sum of $ not
including painting, per month for each full intersection as
set forth on Exhibit "C" .
(B) For contracts over one (1) year in duration commencing on the
anniversary date, the adjusted cost of labor and the flat
monthly service charge per signalized intersection shall be
subject to increase or decrease in accordance with Section XI
Paragraph (F) .
(C) Insurance charges will be subject to review and adjustment
each anniversary date of the contract in addition to Paragraph
"B" above. These charges would be on a per intersection, per
month basis and would be subject to written justification, if
required.
(D) The COMPANY shall be entitled to additional compensation for
extraordinary maintenance. Billing for extraordinary
maintenance shall include only the following:
1. COMPANY'S invoiced material cost, including sales tax.
2 . COMPANY'S labor costs established as set forth in
Exhibit "A" .
3 . Equipment rental per attached Exhibit "B" .
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4. Overhead costs, 15%.
(E) Upon receipt of each monthly invoice and certification by the
City Engineer, the CITY will, within thirty (30) days after
receipt of such invoice, pay to the COMPANY all certified
sums. In addition, the COMPANY will furnish to the CITY a
monthly summary of all work performed within the CITY, with
the location of service, the day and approximate hours spent.
VIII. �,IABILITY:
(A) The COMPANY shall carry public liability and property damage
insurance covering its operations and obligations hereunder,
and naming the CITY as an additional insured, in an amount not
less than $500,000.00 for injuries, including accidental
death, for any one person and subject to the same limit for
each person in an amount not less than $1,000,000.00 on
account of any one accident and property damage insurance in
an amount not less than $50,000.00 each occurrence. The
COMPANY shall also take out and maintain during the life of
this contract, Worker's Compensation Insurance covering all of
its employees on the project, with a company satisfactory to
the CITY and shall furnish to the CITY certificates issued by
such companies showing that all of the above mentioned
insurance has been issued by such companies and is in full
force and effect prior to commencing work in accordance with
this AGREEMENT. The COMPANY shall be responsible for the
insurance coverage as herein provided of all employees of said
COMPANY. Said insurance shall provide that the same is non-
cancelable except upon twenty (20) days written notice to the
CITY.
(B) In the case any employee engages in hazardous work under this
contract and is not protected under the Worker's Compensation
Act, the COMPANY shall provide or cause to be provided
appropriate insurance for the protection of all such employees
not otherwise protected. The COMPANY shall likewise obtain
public liability and property damage insurance to cover
vehicles used or maintained by him in the performance of said
work connected with the AGREEMENT, with liability limits of
not less than $500,000.00 for any one person and $1,000,000.00
for any one accident, and property damage of $50, 000 .00.
(C) If the COMPANY fails to maintain such insurance, the CITY may
obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
AGREEMENT.
(D) Nothing herein contained shall be construed as limiting in any
way the extent to which the COMPANY may be held responsible
for payment of damages to persons or property resulting from
his operations or any operations of any sub-contractors under
him.
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•
IX. ASSIGNMENT:
The COMPANY shall not assign this AGREEMENT or any portion hereof,
without first obtaining the written consent of the CITY. If such
assignment is made or attempted by the COMPANY, the CITY, as its
sole option, may terminate this AGREEMENT upon the giving of a
twenty-four (24) hour written notice to the COMPANY of such
termination.
X. TERM:
This AGREEMENT shall be in full force and effect for a period of one
(5) year from and after midnight July 1, 1997.
XI. TERMINATION OF CONTRACT:
(A) By mutual consent of the parties.
(B) In the event that any of the provisions of this contract are
violated by the COMPANY, the CITY may terminate the contract
by serving written notice upon the COMPANY of its intention to
terminate such contract and unless within ten (10) days after
the serving of such notice, such violation shall cease, the
contract shall, upon the expiration of said ten (10) days
cease and terminate. As to violations of the provisions of
this contract which cannot be remedied or corrected within ten
(10) days, said contract shall be at the option of the CITY
and cease and terminate upon the giving of like notice. In
the event of any such termination for any of the reasons above
mentioned, the CITY may take over the work and prosecute the
same to completion by contract or otherwise for the amount and
at the expense of the COMPANY.
(C) If the COMPANY should neglect to prosecute the work properly
or fail to perform any provisions of this contract, the CITY,
after three (3) days written notice to the COMPANY, may
without prejudice to any other remedy it may have, make good
such deficiencies, and may deduct the cost thereof from the
payment then or thereafter due the COMPANY provided, however,
that the City Engineer of said CITY shall approve such action
and certify the amount thereof to be charged to the COMPANY.
(D) The CITY and Contractor each reserve the right to terminate
this AGREEMENT at any time during the period of this AGREEMENT
by serving thirty (30) days written notice of such termination
to the respective party.
(E) The COMPANY reserves the right to cancel with ten (10) days
notice in the event the CITY fails to perform as provided in
Section VIII .
(F) The cost for services provided for herein may be negotiated
each year following the anniversary date of this agreement.
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(G) The flat rate monthly service charge per signalized
intersection will be subject to increase or decrease based on
the insurance charges made to the contractor. Changes in
insurance charges will be subject to written justification and
production of insurance invoices.
(H) The contractor shall be entitled to additional compensation
for extraordinary maintenance. Billing for extraordinary
maintenance shall include only the following:
1. Contractor's various material cost, including sales tax.
2 . Contractor's labor cost.
3 . Contractor's equipment rental charge.
4. Overhead and profit costs compensated at 15% of the
material, labor and equipment rental costs.
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EXHIBIT "A"
LABOR
Cost of Traffic Signal and Accident Damage Repairs-emergency and extraordinary
repairs:
A. The current charge rates for the following employment ("Straight Time"
is 8 a.m. to 5 p.m. , Monday through Friday) . ("Overtime 5 p.m. to 8 a.m.
weekdays: 24 hours on Saturday, Sundays and Holidays.)
Straight Time Overtime
1. Signal Maintenance Supv.
2. Lab Tech
3 . Signal Tech Lead man
4. Signal Maintenance Tech
5. Traffic Signalman
6. Laborer
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EXHIBIT "B"
EQUIPMENT
The current rates for the following equipment emergency and extraordinary
repairs:
1. Pickup Truck
2. Ladder Truck
3 . Platform Truck
4. Compressor
5. Boom Truck
6. Ladder Boom Truck
7. Dump Truck
8. Concrete Saw
9. Ditch Witch
10. Cement Mixer
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EXHIBIT "C"
TRAFFIC SIGNAL LOCATIONS
1 . Alosta Avenue and Calera Avenue
2 . Alosta Avenue and Citrus Avenue
3 . Alosta Avenue and Foothill Blvd.
4 . Foothill Blvd. and Cerritos Avenue
5 . Foothill Blvd. and Pasadena Avenue
6 . Foothill Blvd. and Orange Avenue
7 . Foothill Blvd. and Virginia/Georgia Avenues
8 . Foothill Blvd. and Todd Avenue
9 . Cerritos Avenue and Fifth Street
10 . Cerritos Avenue and Newburgh Street
11 . Citrus Avenue 900 ' s/o Alosta Avenue (pedestrian signal)
12 . Gladstone Street and Vincent Avenue
13 . Gladstone Street and Cerritos Avenue
14 . Gladstone Street and Citrus Avenue
15 . Vernon Avenue and Second Street
16 . Foothill Blvd. and Alameda Avenue
17 . Citrus Avenue and Baseline Road
18 . Sierra Madre at Lori Ann Drive
19. Arrow Highway and Cerritos Avenue
20 . Mauna Loa at Fairvale (flashing yellow only)
21 . Vernon Avenue and First Street
22 . Vernon Avenue at Eleventh Street (flashing yellow only)
23 . Foothill Blvd. and Vernon Avenue
24 . Foothill Blvd and Azusa Avenue
25 . Foothill Blvd. and San Gabriel Avenue
26 . Azusa Avenue and Third Street
27 . San Gabriel Avenue and Third Street
28 . Azusa Avenue and Fifth Street
29 . San Gabriel Avenue and Fifth Street
30 . San Gabriel Avenue and Ninth Street
31 . Azusa Avenue and Eleventh Street
32 . San Gabriel Avenue and Eleventh Street
33 . San Gabriel and Sierra Madre Avenue
34 . Foothill Blvd. and Citrus Avenue
35 . Cerritos and Baseline Road
36 . Rockvale Avenue and Baseline Road