Document elcerrito_gov_doc_05437cb662

CITY OF EL CERRITO CONTRACT DOCUMENTS FOR RADAR FEEDBACK SPEED SIGNS CONTRACT NUMBER C3070 PUBLIC WORKS DEPARTMENT CONTRACT NUMBER C3070 10890 San Pablo Avenue El Cerrito, California 94530 (510) 215-4382 Yvetteh Ortiz, P. E. Public Works Director/City Engineer Bid Due: Wednesday, June 18, 2014, 2:00 PM Contract Performance Time Base Bid: 45 Working Days Liquidated Damages: $1,000.00 per Working Day ---PAGE BREAK--- RADAR FEEDBACK SPEED SIGNS The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. 6/9/14 Steven Fitzsimons Stamp Date Registered Civil Engineer, RCE No.036435 Whitlock & Weinberger Transportation, Inc. ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS FOR RADAR FEEDBACK SPEED SIGNS CONTRACT NUMBER C3070 NOTICE INVITING BIDS NB-1 INSTRUCTIONS TO BIDDERS I-1 PROPOSAL P-1 Bid Sheet P-1 Bid Proposal P-2 Subcontractors List P-4 Statement of Technical Ability and Experience P-6 Bidder’s Statement Of Past Contract Disqualifications P-7 Bid Bond P-8 Non-Collusion P-10 CONTRACT C-1 Payment Bond (Labor and Materials) C-10 Performance Bond C-12 Maintenance Bond C-14 Contractor’s Affidavit And Final Release C-16 Exhibit – Indemnification and Hold Harmless Agreement And Waiver of Subrogation and Contribution C-17 GENERAL SPECIFICATIONS G-1 Scope of Work G-1 Location of Work G-1 Time of Completion G-1 Standard Specifications G-1 Substitution of Securities G-3 SPECIAL PROVISIONS SP-1 SECTION 1 – Standard Specifications SP-1 SECTION 2 - Plans and Specifications SP-1 2-1.01 General SP-1 SECTION 3 - Award and Execution of Contract SP-1 3-1.01 General SP-1 3-1.02 Contract Bonds SP-2 SECTION 4 - Beginning of Work, Time of Completion, & Liquidation Damages SP-3 4-1.01 Commencement of Work SP-3 4-1.02 Time of Completion SP-3 4-1.03 Working SP-3 4-1.04 Liquidated Damages SP-3 ---PAGE BREAK--- SECTION 5 - General SP-4 5-1.01 Definitions SP-4 5-1.02 Labor Nondiscrimination SP-5 5-1.03 Subcontracting SP-5 5-1.04 Payments SP-6 5-1.05 Prompt Payment of Funds Withheld SP-6 5-1.06 Sound Control Requirements SP-6 5-1.07 Contractor’s Liability SP-6 5-1.08 Special Payment Provisions SP-7 SECTION 6 - Submittals SP-8 SECTION 7 – Materials SP-8 SECTION 8 - MATERIALS SP-9 SECTION 8-1 - MISCELLANEOUS SP-9 8-1.01 General SP-9 8-1.02 Relative Compaction SP-9 8-1.03 Payments SP-9 8-1.04 Aggregate Base SP-9 SECTION 9 - OTHER SP-9 9-1.01 Increases of Decreases in the Quantities of Work SP-9 9-1.02 Compensation Adjustment for Asphalt Price Index Fluctuation SP-9 SECTION 10 - CONSTRUCTION DETAILS SP-10 APPENDIX ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT INSTRUCTIONS TO BIDDERS FOR RADAR FEEDBACK SPEED SIGNS City Project No. C3070 1. SECURING DOCUMENTS Plans, Specifications and Contract Documents will be available for download on the City of El Cerrito website. For any questions about downloading or ordering process, please contact Melissa Tigbao, Engineering Manager, at [EMAIL REDACTED]. It is the responsibility of each prospective bidder to confirm it is on the planholders list held by the Public Works Department to ensure bidder receives any subsequent communications such as Addenda. 2. PROPOSAL To receive consideration, bids shall be made in accordance with the following instructions: A. Bids shall be made upon the proposal form contained herein. All items shall be properly filled in; numbers shall be stated both in writing and in figures. The signatures shall be original. Any alterations, interlineations, or erasures must be initialed. B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected. C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the contrary. D. Unless called for, alternative bids will not be considered. E. Modification of bids already submitted will be considered only if received at the office designated in the invitation for bids by the time set for opening of bids. F. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every bidder shall, in his bid, set forth: The Name and Location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent of the bidder’s total bid. The portion of the work that will be done by each such subcontractor. G. In the event that alternative bids are called for and bidder intends to use different or additional subcontractors on the alternative or alternatives, he shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the base or alternative bids. INSTRUCTIONS TO BIDDERS I-1 ---PAGE BREAK--- H. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the bidder’s total bid or, in the case of bids for the construction of streets and highways, including bridges, in excess of one-half of one percent of the total bid, or $10,000, whichever is greater, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the City, either: Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid, or Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid. I. Bids shall be accompanied by a certified or cashier’s check, or an acceptable bidder’s bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the City of El Cerrito, California. Said check or bond shall be given as a guarantee that the bidder will timely enter into a Contract and provide all required insurance and bonds if awarded the work. In the case of refusal or failure to timely provide all required documents and enter into said Contract, the check or bond, as the case may be, shall be forfeited to the City of El Cerrito, California, as provided by law. J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract. K. Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid Sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make its own estimates from the Plans and Specifications. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid price, and the bid total will be conformed accordingly. L. Bids, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of El Cerrito, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder. M. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. 3. WITHDRAWAL OF BIDS Bids may be withdrawn by written request received from bidders prior to the time set for opening of bids. 4. INTERPRETATION OF PLANS AND SPECIFICATIONS INSTRUCTIONS TO BIDDERS I-2 ---PAGE BREAK--- Should a bidder find discrepancies in, or omissions from the Plans or Specifications, or should it be in doubt as to their meaning, it shall at once notify Melissa Tigbao at [PHONE REDACTED] or [EMAIL REDACTED]- cerrito.ca.us. Should it be found that the point in question is not clearly and fully set forth, a written Addendum will be sent to all persons receiving a set of documents. The City will not be responsible for or bound by any oral instructions or advice. 5. ADDENDA OR BULLETINS Any Addenda or information issued during the time of bidding, or forming a part of the documents loaned to the bidder for the preparation of his bid, shall be noted in the bid in the place provided and shall be made a part of the Contract. 6. OPENING OF BIDS Bids will be publicly opened and read, at the time and date set in the Notice Inviting Bids, in the City Clerk’s Office, City of El Cerrito. 7. AWARD OR REJECTION OF BIDS The City reserves the right to reject the bid of any or all bidders, and to waive any informality in the bids received. 8. CONTRACT BONDS 8.1 General. Before execution of the Contract by the City, the Contractor shall file with the Engineer surety bonds satisfactory to the City in the amounts and for the purposes noted below. The bonds shall be issued on the form provided by the City, copies of which are attached to these instructions. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the Contractor and surety, and the signature of the authorized agent of the surety shall be notarized. Surety companies shall familiarize themselves with all of the conditions and provisions of the Contract, and shall waive the right of special notification of change or modification of the Contract, or of any other act or acts by the City or its authorized agents under the terms of the Contract. Failure to notify the surety companies of change shall in no way relieve them of their obligations under the Contract. 8.1.2 Payment Bond. The Payment Bond (material and labor) shall be for not less than one hundred percent (100%) of the Contract price. The bond shall be maintained by the Contractor in full force and effect until the completed work is accepted by the City and until all claims for materials and labor are paid. 8.1.3 Faithful Performance Bond. The Faithful Performance Bond shall be for one hundred percent (100%) of the Contract price to guaranty faithful performance of all work, within the time prescribed in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. INSTRUCTIONS TO BIDDERS I-3 ---PAGE BREAK--- 8.1.4 Maintenance Bond. The Maintenance Bond shall be for one hundred percent (100%) of the Contract price to guaranty faithful performance of its warranty, maintenance, repair and replacement obligations following completion of the work and its acceptance by the City. 8.1.5 Bond Renewal and Extension. Should any bond become insufficient, the Contractor immediately shall replace the bond with a substitute upon request from the City, and the effective date of the bond shall be from the commencement of work on the project. Should any surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payment shall be deemed due or will be made under the Contract, until a new surety shall qualify and be accepted by the City. Changes in the Work or extensions of time made pursuant to the Contract shall in no way release the Contractor or surety from their obligations. Notice of such changes or extensions shall be waived by the surety. 9. SPECIAL NOTICE Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and the Contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor. 10. BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid, as Prime Contractor for the same work. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub- proposal or quoting prices to other bidders. 11. BIDS TO BE LEFT ON DEPOSIT Unless otherwise required by law, no bid, nor any part thereof, may be withdrawn by the bidder for a period of sixty (60) calendar days after the opening of the bids. 12. MANDATORY NON-COLLUSION AFFIDAVIT A. The City will, before any award of the Contract is made, require any bidder to whom it may make an award of the principal Contract, to execute a Non-Collusion Affidavit. B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit. 13. CONTRACTOR’S LICENSE No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class 10 or Class A. INSTRUCTIONS TO BIDDERS I-4 ---PAGE BREAK--- 14. INDEMNIFICATION AND INSURANCE Contractor shall agree to indemnify, hold harmless and defend City, its officials, officers, and employees, and volunteers from any and all liability or financial loss, including legal expenses and costs of expert witnesses and consultants, resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the activities and operations of Contractor, including its officers, agents, employees, subcontractors or any person employed by Contractor, in the performance of this Agreement, by executing City’s standard Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit Contractor shall agree that Contractor’s covenant under this section shall survive the termination of this Agreement. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Project by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in the Contractor’s bid. 15. PERMITS The Contractor shall obtain and pay for all building, plumbing, electrical, encroachment, and other permits required by the Contract, City Ordinance or any other agency, necessary for the construction of the work, unless otherwise specifically provided for in other contract documents. The Contractor and their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one or more of their sub-Contractors under their encroachment permit. There will be no fee for City issued permits. 16. PREVAILING WAGES The Contractor is hereby notified that this project is subject to Federal and/or State prevailing wage guidelines as referenced in the Wage Guideline sections of the Contract Specifications. Where both Federal and State Guidelines are listed, the greater of the two listed general prevailing wages shall apply. The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than the wage applicable for their work classification, as specified in the wage guidelines contained in the specifications. 17. TIME LIMITS OF WORK The work to be performed shall be completed within 45 working days after execution of contract and Notice to Proceed has been issued. 18. GUARANTY All work shall be guaranteed for a period of one year from the date of acceptance by the City. The Contractor shall make all needed repairs arising out of defective materials, workmanship and equipment. In the Radar Feedback Speed Sign System shall be warrantied as described in Special Provisions. The City is hereby authorized to make such repairs if within (10) days after giving written notice to the INSTRUCTIONS TO BIDDERS I-5 ---PAGE BREAK--- Contractor, or his/ her agent, the Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof. The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one year. 19. EXECUTION OF CONTRACT The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) calendar days after the bidder has received the contract documents. 20. ASSIGNMENT The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract. 21. CONTRACTORS INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 22. SIGNATURE OF CONTRACTOR Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office. Partnerships: The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. INSTRUCTIONS TO BIDDERS I-6 ---PAGE BREAK--- Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venture. Individuals: Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. 23. CONDITIONAL CONTRACT AWARD Notwithstanding any action by the City Council of El Cerrito to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law. 24. BID PROTEST Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord. Each bid protest shall be accompanied by a check in the amount of $500.00 payable to the City of El Cerrito for each protest and shall constitute a non- refundable fee to reimburse the City for its costs in reviewing and investigating the bid protest. The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. END OF INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS I-7 ---PAGE BREAK--- PROPOSAL BID SHEET FOR CONTRACT NO. C3070 DATE: TO THE CITY CLERK OF EL CERRITO, CALIFORNIA: BIDDER (Firm Name) The undersigned hereby proposes and agrees to furnish any and all materials, labor, and services for the following: All in accordance with Plans and Specifications on file at the office of the City Clerk, City of El Cerrito. The Contractor shall be responsible for insuring that his bid covers all of the work presented by the Plans and Specifications. Work shall include all men, materials and labor and incidental expenses as required to complete the project in accordance with the plans and specifications, all for the lump sum price as indicated below. Item Description Spec. Section Reference Estimated Quantity Unit Unit Price Total Price 1 Radar Feedback Speed Sign assemblies – Four locations 1 LS 2 3 4 TOTAL BID 12337-0001\741957v3.doc PROPOSAL P-1 ---PAGE BREAK--- BID PROPOSAL TOTAL AMOUNT OF BID: (In Words) (In Figures) The undersigned hereby certifies that he has an appropriate license, issued by the State of California to provide this work; that such license will be in full force and effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed. Dated California Contractor’s License No. CONTRACTOR Signature Print or Type Name and Title The above bid proposal includes Addenda No’s . REJECTION OF BIDS: The undersigned agrees that the City of El Cerrito reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest. TIME The undersigned agrees to furnish, within ten (10) calendar days from the receipt of the Notice of Award of Contract, the items required by Section 3-1.01 of the Special Provisions. The failure to timely provide such items The undersigned agrees to begin work within ten (10) calendar days after the date specified in the Notice to Proceed. If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract. 12337-0001\741957v3.doc PROPOSAL P-2 ---PAGE BREAK--- BID DEPOSIT There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid DOLLARS AND CENTS ) made payable to the City of El Cerrito and the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City of El Cerrito. NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of work, but the accuracy of these figures is not guaranteed and Bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by Bidder, the unit price will be considered to be the bid. The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid. IMPORTANT NOTICE: On a separate sheet of papers, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual co-partners composing firm; or, if individual, state first and last names in full. Contractor is licensed in accordance with California law, LICENSE NO. . Officer’s Signature Title Date Officer’s Signature Title Date Officer’s Signature Title Date Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council. 12337-0001\741957v3.doc PROPOSAL P-3 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT SUBCONTRACTORS LIST FOR RADAR FEEDBACK SPEED SIGNS City Project No. C3070 The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Works Code – “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of El Cerrito pursuant to Section 4107 of the Public Contracts Code. The following information is required for each subcontractor. Additional pages can be attached if required. YOU MUST LIST ALL DBE SUBCONTRACTORS. DBEs NOT LISTED AT THE TIME OF BID WILL NOT BE CONSIDERED TOWARDS YOUR DBE PARTICIPATION GOAL. Items of Work Full Company Name Complete Address with Zip Code Phone No. Area Code 12337-0001\741957v3.doc PROPOSAL P-4 ---PAGE BREAK--- SUBCONTRACTOR’S LIST (Continued) The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. YOU MUST LIST ALL DBE SUBCONTRACTORS. DBEs NOT LISTED AT THE TIME OF BID WILL NOT BE CONSIDERED TOWARDS YOUR DBE PARTICIPATION GOAL. Full Company Name Type of State Contracting License & Number El Cerrito Business License Number Amount of Bid or *Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed contracts. This applies to all subcontractors. NOTE: If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, he/she must provide a separate list of subcontractors for each alternate. Signature of Bidder 12337-0001\741957v3.doc PROPOSAL P-5 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE FOR CONTRACT NUMBER C3070 The Bidder is required to state what work of a similar character to that included in the proposed Contract he has successfully performed, especially for public agencies, and give references which will enable the City to judge his responsibility, experience, skill, and business and financial standing. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance. Signature of Bidder 12337-0001\741957v3.doc PROPOSAL P-6 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FOR CONTRACT NUMBER C3070 The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction. 1. Have you ever been disqualified from any contract? Yes No 2. If yes, explain the circumstances: _ Signature of Bidder Bond No. 12337-0001\741957v3.doc PROPOSAL P-7 ---PAGE BREAK--- BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of El Cerrito (‘‘El Cerrito’’) has issued an invitation for bids for the work described as follows: Site preparation, coordinating with Underground Service Alert, implementing storm water pollution prevention measures, potholing, saw-cutting and removal of existing sidewalk, furnishing and installing solar-powered radar speed sign assemblies, sidewalk repair, traffic control, and necessary related activities required to form a complete installation, and WHEREAS (Name, address, and telephone number of Bidder) (“Principal”), desires to submit a bid to El Cerrito for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder’s security with their bid, NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by El Cerrito and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment 12337-0001\741957v3.doc PROPOSAL P-8 ---PAGE BREAK--- for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by El Cerrito in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 12337-0001\741957v3.doc PROPOSAL P-9 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CONTRACT NUMBER C3070 State of California ) ) ss County of ) , being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone, to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this day of 2013. By: Title Notary Public Date: 12337-0001\741957v3.doc PROPOSAL P-10 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT CONTRACT FOR RADAR FEEDBACK SPEED SIGNS City Project No. C3070 THIS CONTRACT, made and entered into the day of , 20 by and between the City of El Cerrito, hereinafter referred to as “CITY”, and hereinafter referred to as “CONTRACTOR”. WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled RADAR FEEDBACK SPEED SIGNS, CITY PROJECT NO. C3070, Insurance Forms, this Contract, and all modifications and amendments thereto, and the State Standard Specifications dated 2010, of the California Department of Transportation (“State Standard Specifications”), and the Standard Specifications for Public Works Construction, 2003 edition, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California (“Standard Specifications”), which collectively constitute the Special Provisions, and Technical Specifications for CONTRACT NO. C3070. Copies of the State Standard Specifications and Standard Specifications are available from the publisher: Department of Transportation Building News, Incorporated 1900 Royal Oaks Drive 1612 South Clementine St. Sacramento CA 95819 Anaheim, Ca 92802 Telephone (916) 445-3520 Telephone (714) 517-0970 The State Standard Specifications and the Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract. In case of conflict between the State Standard Specifications, the Standard Specifications for Public Works Construction, and the other Contract Documents, the following order of precedence will be followed: A. Contract Documents B. Plans and Specifications CONTRACT C-1 ---PAGE BREAK--- C. State Standard Specifications D. Standard Specifications for Public Works Construction The provisions of Part 1 of the Standard Specifications for Public Works Construction (General Provisions) will not be utilized unless no provision of the Contract Documents or the State Standard Specifications is otherwise applicable. Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RADAR FEEDBACK SPEED SIGNS CITY PROJECT NO. C3070 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: , the total amount of the bid. CONTRACTOR agrees to complete the work in a period not to exceed 45 working days per Section 8- 1.05 of the Standard Specifications, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager or designee is authorized to make, by written order, changes, or additions to the work in a cumulative amount not to exceed the amount authorized in advance by city council resolution. CONTRACT C-2 ---PAGE BREAK--- 6. PAYMENTS. On or about the thirtieth (30th) day of the month next following the commencement of the work, there shall be paid to the CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work. Thereafter, on or about the thirtieth (30th) day of each successive month as the work progresses, the CONTRACTOR shall be paid such sum as will bring the payments each month up to ninety-five percent (95%) of the previous payments, provided that the CONTRACTOR submits his request for payment prior to the last day of each preceding month. Subject to Section 7107 of the Public Contracts Code, the final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after completion of the work as defined by Section 7107 (c)(1)of the Public Contracts Code, and the CONTRACTOR filing a one-year warranty with the CITY on a warranty form provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work 7. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of $1,000.00 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to notify CITY of any such delay. 8. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 9. PREVAILING WAGES. This project is subject to Federal and/or State prevailing wage guidelines as referenced in the Special Provisions. Where both Federal and State Guidelines are listed, the greater of the two listed general prevailing wages shall apply. The prime Contractor and all subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than the wage applicable for their work classification, as specified in the wage guidelines contained in the specifications. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. Copies of such prevailing rate of per diem wages can be found at the following website: http://www.dir.ca.gov/DLSR/PWD/index.htm. CONTRACTOR shall post a CONTRACT C-3 ---PAGE BREAK--- copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. The Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: A. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. B. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. C. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. D. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to keep accurate payroll records, certify and make such payroll records available for inspection as provided by Section1776, and inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. E. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. F. Contractor agrees to comply with the provisions of California Labor Code Section 1810 which provides that eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any municipal corporation, or of any officer thereof. G. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) 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 in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. CONTRACT C-4 ---PAGE BREAK--- 10. WORKERS’ COMPENSATION LIABILITY INSURANCE California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 11. TIME OF THE ESSENCE. Time is of the essence in this Contract. 12. INDEMNIFICATION. Contractor agrees to indemnify, hold harmless and defend City, its officials, officers, and employees, and volunteers from any and all liability or financial loss, including legal expenses and costs of expert witnesses and consultants, resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the activities and operations of Contractor, including its officers, agents, employees, subcontractors or any person employed by Contractor, in the performance of this Agreement, by executing City’s standard Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit Contractor agrees that Contractor’s covenant under this section shall survive the termination of this Agreement.’ 13. INSURANCE. CONTRACTOR shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Project by CONTRACTOR, its agents, representatives, employees, or subcontractors. CONTRACTOR’s insurance shall at all times conform to the following standards: A. CONTRACTOR’s insurance coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. B. CONTRACTOR’s minimum limits of insurance shall be no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. CONTRACT C-5 ---PAGE BREAK--- Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to and approved by CITY. D. CONTRACTOR’s general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City of El Cerrito, its elected or appointed officers, officials, employees, and volunteers (including independent contractors who serve CITY as officers, officials, or staff) are covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR. For any claims related to this project, CONTRACTOR's insurance coverage shall be primary insurance as respects CITY, its elected or appointed officers, officials, employees, and volunteers (including independent contractors who serve CITY as officers, officials, or staff). Any insurance or self-insurance maintained by CITY, its elected or appointed officers, officials, employees, and volunteers (including independent contractors who serve CITY as officers, officials, or staff) shall be excess of CONTRACTOR's insurance and shall not contribute to it. The insurance provided by this policy shall not be reduced in coverage or limits, cancelled, or not renewed except after thirty (30) days written notice has been provided to CITY by mail, return receipt requested. CONTRACTOR shall notify CITY thirty (30) days in advance of any anticipated change in the insurance. E. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best's rating of A:VII or better at time the Agreement is executed. F. Verification of Coverage: CONTRACTOR shall furnish CITY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by CITY in connection with this Contract. All certificates and endorsements are to be received and approved by CITY before work commences. 14. CONTRACTOR’S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. CONTRACT C-6 ---PAGE BREAK--- 15. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY’s employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 16. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other provider of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 17. CONTRACTOR’S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may, at its expense, substitute securities for any monies withheld by the CITY to ensure performance under the Contract.’ The type of securities deposited and the method of release shall be approved by the City Attorney’s office. 19. RESOLUTION OF CLAIMS. Any dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code. 20. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 21. BOOKS AND RECORDS. CONTRACTOR’s books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 22. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 23. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 24. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. CONTRACT C-7 ---PAGE BREAK--- A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR’s subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. B. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, then CITY shall issue a change order under the procedures described in this Contract. D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. 25. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 26. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 27. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. CONTRACT C-8 ---PAGE BREAK--- 28. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: City Engineer (Contractor’s Info Here) City of El Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 29. TERMINATION. This Contract is subject to termination as provided in Section 8-1.11 of the State Standard Specifications. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: Print or type NAME Print or type TITLE DATED: CITY OF EL CERRITO A Municipal Corporation By: Scott Hanin, City Manager Cheryl Morse, City Clerk CONTRACT C-9 ---PAGE BREAK--- Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of El Cerrito (“El Cerrito”) has awarded to (Name, address, and telephone number of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: Site preparation, coordinating with Underground Service Alert, implementing storm water pollution prevention measures, potholing, saw-cutting and removal of existing sidewalk, furnishing and installing solar-powered radar speed sign assemblies, sidewalk repair, traffic control, and necessary related activities required to form a complete installation, and WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. BONDS C-10 ---PAGE BREAK--- This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be executed in duplicate and dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. BONDS C-11 ---PAGE BREAK--- Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of El Cerrito (“El Cerrito”) has awarded to (Name, address, and telephone number of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: Site preparation, coordinating with Underground Service Alert, implementing storm water pollution prevention measures, potholing, saw-cutting and removal of existing sidewalk, furnishing and installing solar-powered radar speed sign assemblies, sidewalk repair, traffic control, and necessary related activities required to form a complete installation, and WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract, NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal’s part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless El Cerrito and its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. BONDS C-12 ---PAGE BREAK--- FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. El Cerrito is the principal beneficiaries of this bond and has all rights of a party thereto. IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be executed in duplicate and dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. BONDS C-13 ---PAGE BREAK--- Bond No. MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of El Cerrito (“El Cerrito”), and (Name, address, and telephone number of Principal) (“Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as Project , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of its warranty, maintenance, repair and replacement obligations following completion of the work and its acceptance by El Cerrito. NOW, THEREFORE, we, the Principal and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of Dollars this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Cerrito, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, BONDS C-14 ---PAGE BREAK--- alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. El Cerrito is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety on the date set forth below. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. BONDS C-15 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE CONTRACT NO. C3070 This is to certify that , FILL IN CONTRACTOR’S NAME (hereinafter the “undersigned”) declares to the City of El Cerrito, under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned’s agents, employees or subcontractors used or in contribution to the execution of its contract with the City of El Cerrito with regard to the building, erection, construction, or repair of that certain work of improvement known as CONTRACT NO. C3070 situated in the City of El Cerrito, State of California, more particularly described as follows: DESCRIPTION OF WORK The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice of any unpaid sums owing to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit the City of El Cerrito and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or causes of action which exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and the City of El Cerrito or which relate in any way to the work performed by the undersigned with regard to the above-referenced construction project. Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section 1542 of the Civil Code of the State of California which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor.” This release is intended to be a full and general release of any and all claims which the undersigned now has or may, in the future, have against the City of El Cerrito and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between the City of El Cerrito and the Contractor with respect thereto, whether such claims are now known or unknown or are suspected or unsuspected. CONTRACTOR By: Dated: Signature Print Name and Title RELEASE C-16 ---PAGE BREAK--- EXHIBIT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement No. or description: Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless City of El Cerrito, its officials, officers, volunteers, agents, and independent contractors who serve as City of El Cerrito officers, officials, or staff, and their successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. EXHIBIT C-17 ---PAGE BREAK--- In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Printed Name Signature Title “Indemnitee” City of El Cerrito Printed Name Signature Title EXHIBIT C-18 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS FOR RADAR FEEDBACK SPEED SIGNS CONTRACT NO. C3070 SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Contract Documents to construct for the above-stated project. The general items of work include: Site preparation, coordinating with Underground Service Alert, implementing storm water pollution prevention measures, potholing, saw-cutting and removal of existing sidewalk, furnishing and installing solar-powered radar speed sign assemblies, sidewalk repair, traffic control, and necessary related activities required to form a complete installation. LOCATION OF WORK The general locations and limits of the work are near the following intersections: A. Barrett Avenue near Sonoma Street B. Barrett Avenue near Tassajara Avenue C. Arlington Boulevard near Potrero Avenue D. Arlington Boulevard near Club View Drive TIME OF COMPLETION The Contractor shall complete all work in every detail within the time limits specified in the Instructions to Bidders, Section 17, herein. STANDARD SPECIFICATIONS The Standard Specifications of the City are contained in the 2003 edition of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of those Standard Specifications are available from the publisher: Building News, Incorporated 1612 South Clementine St. Anaheim, Ca 92802 (714) 517-0970 SPECIAL PROVISIONS G-1 ---PAGE BREAK--- The Standard Specifications set forth above will control the contract portion and general provisions of these specifications for this contract except as amended by the Plans, Special Provisions, or other Contract Documents. References in the Special Provisions to “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2010, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of Transportation Central Publication Distribution Unit 6002 Folsom Boulevard Sacramento CA 95819 Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The section numbers of the following Special Provisions coincide with those of the Standard Specifications, dated July 2010 of the State of California, Department of Transportation. Only those sections requiring amendment or elaboration, or specifying options, are called out. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. Wage Rates The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5, and 1777.6 of the State Labor Code, excerpt copies of which are contained in Appendix II of these Specifications. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, procedures and certain notices required of the Contractor pertaining to their location. Clayton Act and Cartwright Act Section 4551 of the State Government Code specifies that in executing a public works contract with the City SPECIAL PROVISIONS G-2 ---PAGE BREAK--- to supply goods, services, or materials, the Contractor or Subcontractors offer and agree to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall become affective when the City tenders final payment to the Contractor without further acknowledgment by the parties. SUBSTITUTION OF SECURITIES In conformance with the State of California Government Code Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by City of Contractor’s satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney’s office. SPECIAL PROVISIONS G-3 ---PAGE BREAK--- CITY OF EL CERRITO, PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR RADAR FEEDBACK SPEED SIGNS CONTRACT NO. C3070 SECTION 1 STANDARD SPECIFICATIONS The work described herein shall be done in accordance with the Standard Specifications, dated 2010, of the State of California, Department of Transportation insofar as the same may apply and in accordance with the following special provisions. In case of conflict between the State Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. SECTION 2 PLANS AND SPECIFICATIONS 2-1.01 GENERAL The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the City’s representative. SECTION 3 AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency: Contract Agreement Faithful Performance Bond Payment Bond Public Liability and Property Damage Insurance Certificate Worker’s Compensation Insurance Certificate Exhibit Indemnification And Hold Harmless Agreement And Waiver Of Subrogation And Contribution Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. SPECIAL PROVISIONS SP-1 ---PAGE BREAK--- A corporation to which an award is made may be required, before the Contract Agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right-to-enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 3-1.02 CONTRACT BONDS Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995-660(a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Each bond shall name both the City and the Association of Bay Area Governments as beneficiaries. The Bidder shall provide two good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. The “Performance Bond” shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects. Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the City. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligation. Notice of such changes or extensions shall be waived by the Surety. Both the Faithful Performance Bond and the Payment Bond shall be for not less than one hundred percent (100%) of the total contract amount. Both the Faithful Performance Bond and the Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. 3-1.02.01 PAYMENT – Full compensation for Bonds shall be considered as included in the price paid for the various bid items and no additional compensation shall be allowed therefor. SPECIAL PROVISIONS SP-2 ---PAGE BREAK--- SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Sections 8-1.05 “Time” and 8-1.10 and “Liquidated Damages” of the Standard Specifications and these special provisions. 4-1.01 COMMENCEMENT OF WORK The Contractor shall begin work within 10 days after receipt of notice to proceed. Working days charged to the contract will begin on the first working day following receipt of notice to proceed. 4-1.02 TIME OF COMPLETION The Contractor shall diligently prosecute the work to completion before the expiration of 45 WORKING DAYS. The Contractor shall submit the Radar Feedback Speed Sign system shop drawings to the Engineer for review and approval within five calendar days of the date that the City Council of El Cerrito approves the contract. The Engineer shall review the submittal for conformance with the contract documents. Any re-submittal or revisions requested by the Engineer shall be completed and returned to the Engineer within forty-eight (48) hours Once the Engineer approves the submittal, the Contractor shall have five calendar days to order the equipment and provide the anticipated delivery date; the Contractor shall provide written proof of ordering the equipment. The Engineer will issue the Notice to Proceed in consultation with the Contractor, however it will be no sooner than twenty (20) calendar days before the anticipated delivery of the Radar Feedback Speed Sign system equipment. After ordering the equipment, the Contractor shall provide the Engineer written confirmation from the supplier of the expected delivery date. If the Contractor does not receive the Radar Feedback Speed Sign system components by the stated delivery date, the Engineer may suspend the work. The Engineer will not grant the Contractor additional working days; the Engineer will count the time as non-working days. If the Contractor has commenced work, the Contractor is responsible for providing public safety, an unobstructed passageway, and maintaining the water pollution control program as required in these Special Provisions at NO additional cost to the Engineer. 4.1.03 WORKING DAY A working day is as defined in the Section 1 of the Standard Specifications and includes all holidays observed by the City of El Cerrito. If the Contractor does not work on a defined working day, the Engineer may charge inspection service fees against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead and travel time. The service fees will be deducted from any amounts due the Contractor. 4-1.04 LIQUIDATED DAMAGES For each consecutive calendar day in excess of the time specified for completion of the work, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum as set forth in the contract agreement, liquidated damages, paragraph 7. SPECIAL PROVISIONS SP-3 ---PAGE BREAK--- SECTION 5 GENERAL 5-1.01 DEFINITIONS Agency/City - City of El Cerrito Board - City Council Caltrans - California Department of Transportation City - City of El Cerrito County - County of Contra Costa Director - The Director of Public Works / City Engineer, City of El Cerrito, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him. Engineer - The Director of Public Works / City Engineer, City of El Cerrito, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him. Federal - United States of America Final Acceptance - Final Acceptance is defined as that stage of construction, which allows the City to accept the project as completed (no punch list items remaining unresolved). When the Contractor believes that the project is ready for final acceptance, he shall call for a final acceptance inspection. The Director will inspect the project to verify its completion. Should there be elements that are not completed, the Director will record same (final acceptance punch list) and bring them to the attention of the Contractor. All punch list items must be resolved prior to final acceptance. When, in the Director’s judgment, the work has been completed in accordance with the plans and specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder. Caltrans Standard Specifications, State Standard Specifications - Standard Specifications, State of California, Department of Transportation, dated 2010. City Standard Plans - City of El Cerrito Department of Public Works Standard Plans Substantial Completion - Substantial Completion is defined as that stage of construction, which allows the Director to occupy or use the project for its intended purpose. When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of the Director, be used as the basis for determining the substantial completion date, provided that all elements of the project, SPECIAL PROVISIONS SP-4 ---PAGE BREAK--- other than the landscape, are substantially completed as defined above. The substantial completion date will be determined by the Director in cooperation with the Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project. When the Contractor believes that construction of the project is substantially complete, he shall call for an inspection. The Director will inspect the total project to verify its completion by the Contractor. Should there be elements of the project that are not yet completed, the Director will record same (substantial completion punch list) and bring them to the attention of the Contractor. All such items must be completed prior to acceptance of the project substantially complete. In the event re-inspection of any project element results in additional cost to the City for consultant or staff time, the Director retains the right to withhold sufficient funds from payments due the Contractor to cover the cost to the City of such re-inspection. Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of the Traffic Engineer, these diversions or restricted lanes become the traveled way. 5-1.02 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7-1.01A(4), “Labor Discrimination,” of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth herein. The State Standard Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 5-1.03 SUBCONTRACTING All subcontractors, suppliers and vendors shall comply with applicable Agency, City and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Fail to file any report due under said orders will result in suspension of periodic SPECIAL PROVISIONS SP-5 ---PAGE BREAK--- progress payments. 5-1.04 PAYMENTS For the purpose of making partial payments, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be recognized for progress payment purposes. After acceptance of the contract, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes herein above listed for said item, will be included for payment in the first estimate made after acceptance of the contract. 5-1.05 PROMPT PAYMENT OF FUNDS WITHHELD - The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor, in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance or noncompliance by a subcontractor. 5-1.06 SOUND CONTROL REQUIREMENTS – The noise level from the Contractor’s operations, between the hours of 8:00 AM to 5:00 PM, shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.07 CONTRACTOR’S LIABILITY The City of El Cerrito, the City Council or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance. So much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained SPECIAL PROVISIONS SP-6 ---PAGE BREAK--- by the City until disposition has been made of any suits or claims for damages aforesaid. If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 5-1.08 SPECIAL PAYMENT PROVISIONS This contract is further subject to the following provisions of California Government Code Section 20104.50: It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern. It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments' outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance. Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision of Section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, each local agency shall act in accordance with both of the following: Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph of subdivision SPECIAL PROVISIONS SP-7 ---PAGE BREAK--- For purposes of this article: A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency. Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article. SECTION 6 SUBMITTALS The Contractor shall submit to the City for approval, the following: 1. Radar Feedback Speed Sign system component list and shop drawings 2. Four reference projects for installation of Radar Feedback Speed Sign Systems installed within 100 miles of the City of El Cerrito 3. Construction Schedule 4. Traffic Control Plan 5. Water Pollution Control Program 6. Proof of Ordering Radar Feedback Speed Sign system equipment 7. Asphalt, and Concrete Mix Design In addition to those items above, the Contractor shall submit any other items as required by Section 10 of these specifications. All submittals requiring review shall be made directly to the City. All submittals shall be submitted by email in Adobe Acrobat format. The Contractor shall provide the Engineer a minimum of ten (10) calendar days to review the submittals. SECTION 7 MATERIALS TESTING The Contractor shall coordinate with the Engineer regarding requests for materials testing such as but not limited to, compaction tests of the subgrade and aggregate base materials, concrete compressive strength, and welding review. The initial test shall be paid by the City. However, if materials tested do not comply with the Special Provisions or Standard Specifications, the City shall be reimbursed by the Contractor for costs associated with the subsequent tests. SECTION 8 MATERIALS 8-1 Miscellaneous SPECIAL PROVISIONS SP-8 ---PAGE BREAK--- 8-1.01 General Attention is directed to Section 6, "Control of Materials" of the Standard Specifications and these Special Provisions. All materials required to complete the work under this contract shall be furnished by the Contractor. 8-1.02 Relative Compaction Relative compaction is to be determined by the ASTM D 1557. 8.1.03 Payments Payments for materials and supplies stored or not installed in their final position will not be allowed. 8.1.04 Aggregate Base Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Base," of the Standard Specifications and installed in accordance with the Plans and Specifications. SECTION 9 OTHER 9.1.01 Increases or Decreases in the Quantities of Work – The provisions defined in Section 9-1.06 “Changed Quantity Payment Adjustment” of the Standard Specifications shall not apply for this contract. Thus, if the quantities of work are more than 25% or less than 25% those shown for the Bid Item, the Engineer will not adjust the unit price. 9.1.02 Compensation Adjustments for Asphalt Price Index Fluctuations No compensation adjustment will be provided for fluctuations in the asphalt price index as defined in Section 9-1.07 “Payment Adjustments for Price Index Fluctuations” of the Standard Specifications. SPECIAL PROVISIONS SP-9