Resolution No. 2015-010RESOLUTION NO. 2015-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE NOTICE INVITING BIDS, BID FORM
AND PROJECT SPECIFICATIONS, INSTRUCTIONS TO BIDDERS
AND SPECIFICATIONS AND CONTRACT
WHEREAS, the City of Vernon (the "City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, an open and transparent, competitive bidding and
purchasing process serves the interests of all of Vernon's stakeholders
and constituencies, including its individual, corporate and business
residents, as well labor organizations and workers within Vernon, all
of whom deserve the highest quality of municipal services; and
WHEREAS, on May 20, 2014, the City Council of the City of
Vernon adopted Ordinance No. 1221, amending Article IV of Chapter 2,
to make necessary changes to the City's purchasing system; and
WHEREAS, Article IV of Chapter, Section 2.17.34 provides
that the City Council shall approve, by Resolution, the general forms
of contract, purchase order contracts, notice inviting bids, and the
general provisions of bid specifications and request for proposals for
use in City purchasing; and
WHEREAS, the City Council of the City of Vernon desires to
approve the form of Notice Inviting Bids, Bid Form and Project
Specifications, Instructions to Bidders and Specifications and
Contract under the Competitive Bidding and Purchasing Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
approves and adopts the general forms of Notice Inviting Bids, Bid
Form and Project Specifications, Instructions to Bidders and
Specifications and Contract under the Competitive Bidding and
Purchasing Ordinance, a copy which is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
authorizes and empowers the City Attorney to make whatever
administrative and non -material changes to the approved documents, as
are necessary from time -to -time in order to carry out the intent of
this Resolution.
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SECTION 5: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of,
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 3rd day of March, 2015.
ATTEST: 0�
W
aria LL. Ayala
City Clerk /.
APPROVED•FORM:
IIIALad
b- '�-
Name: W. Michael McCormick
Title: Mayor /
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Maria E . Ayala City Clerk the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-10, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, March 3, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this �9N day of March, 2015, at Vernon, California.
(SEAL)
Maria . Ayala
City Clerk / . Deputy Ci Yir ri erg
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City of Vernon
REQUEST FOR BIDS
{INSERT PROJECT NAME}
FOR THE
DEPARTMENT OF {INSERT DEPARTMENT}
CITY OF VERNON, CALIFORNIA
4305 SANTA FE AVENUE
VERNON, CA 90058
NOTICE INVITING BIDS
For
(insert name of project)
in the
City of Vernon, California
Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of
sealed bids must be received prior to p.m., , by the City
Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, ("Bid Deadline").
All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the
bid and the bidder's name address appearing on the outside.
Mail sufficiently early or deliver in person before p.m. on the day listed in
the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time.
At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of
Bids. Once all bid packages are opened and announced, the Bid Forms will be made
available for public review.
NO LATE BIDS WILL BE ACCEPTED
The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are
available at no charge (Optional: specify charge for plans and specifications here if desired) at
the (Insert Department) Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between
7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of $20.00 will be
charged if mailing is requested by calling (323) 583-8811.
(If appropriate) Pre -Bid Meeting:
A pre -bid meeting to answer any questions regarding the project plans and specifications is
scheduled for at in the (Insert Department), 4305 Santa Fe Avenue,
Vernon, California. This meeting is to answer any questions regarding the project plans and
specifications.
Attendance is/is not mandatory. (Select whether the meeting is or is not mandatory.)
City of Vernon Contact Person: (Insert Department)
Attention:
Phone:( )
Facsimile:( )
Email: @ci.vemon.ca.us
NOTICE INVITING BIDS (If appropriate) CONTRACT NO. (Insert #)
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non -responsive if the Bidder fails to meet the essential requirements for
qualification.
General Scope of Work:
Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform
work involved in the Project. The Work in the Bid is defined in the Project Drawings and
Specifications and will generally include the following:
Contractor shall famish labor, materials, equipment, services, and specialized skills to perform
work involved in the Project. The Work in the Bid is defined in the Project Drawings and
Specifications and will generally include: (INSERT PROJECT SCOPE OF WORK)
(If appropriate) The work shall be done in accordance with Specifications No. _ Plan No.
Standard Plans for Public Works Construction
(SPPWC 2012 Edition), and the "Greenbook" Standard Specifications for Public Works
Construction (2012 Edition), including all supplements thereto issued prior to bid opening date.
In the event of any conflicts, the Specifications No. Plan No. shall prevail.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non -responsive if the Bid fails to document that Bidder meets the
essential requirements for qualification. As part of the Bidder's Statement of Qualifications,
each Bid must establish that:
Bidder satisfactorily completed at least (Insert # of projects) (__) prevailing wage public
contracts in California; each comparable in scope and scale to this Project, within (Insert # of
years) U years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted
for this Project. (OPTIONAL) In addition, if the Bidder intends to self -perform the (insert
specialty sub -contract work), Bidder shall satisfy the mandatory qualifications described in the
Specialty Contractor Statement of Qualifications applicable to such Work and submit the
completed forms with the Bid.
(OPTIONAL) Subcontractors listed for the (insert specialty sub -contract work) Work must
satisfy the mandatory qualifications described in the Specialty Contractors' Statements of
Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must
submit the completed forms with the Bid.
Other Bidding Information:
1. Number of Contract calendar days: calendar days
2. Amount of Liquidated Damages: $ per calendar day
3. Required Construction Staging (Optional) _ Phases, See Construction Staging Plan
4. Intermediate Completion Milestones (Optional) Phase I must be completed by
Phase II must be completed by (add more as appropriate).
5. Bidding Documents. Bids must be made on the Proposal Form contained herein.
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NOTICE INVITING BIDS (If appropriate) CONTRACT NO. (Insert #)
6. Engineer's Estimate. An Engineer's Estimate of the cost of construction of this Work has
been prepared. Said estimate is in the range of $ to $
7. Time of Completion. This Work must be completed within calendar days from
the date of commencement as established by the City's written Notice to Proceed.
8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to
award all or any individual part/item of the bid, and to waive any informalities, irregularities or
technical defects in such bids and determine the lowest responsible bidder, whichever may be in
the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or
electronic bids be accepted by the City.
9. Contractor's License. At the time of the Bid Deadline and at all times during
performance of the Work, including full completion of all corrective work during the Correction
Period, Contractor must possess a California contractor's license or licenses, current and active,
of the classification required for the Work, in accordance with the provisions of Chapter 9,
Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with
Public Contract Code Section 3300, the City has determined that the Bidder must possess the
following license(s): "(insert type of license required)." (OPTIONAL) In addition; if Bidder
intends to self -perform (insert specialty sub -contract work) Work, Bidder must possess the
following licenses: (insert type of license(s) required) as applicable to such self -performed Work.
The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is
unlicensed, does not have all of the required licenses, or one or more of the licenses are not
current and active. If the City discovers at the time of the Bid Deadline that Contractor is
unlicensed, does not have all of the required licenses, or one or more of the licenses are not
current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as
forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the remedies in the
Contract Documents in addition to those provided by law.
10. Subcontractors' Licenses and Listine. Bidders must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and
the Bidder must provide all of the Subcontractor information that Section 4104 requires (name,
address, license number, and portion of the Work). An inadvertent error in the license number
will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In
addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or
services. The City reserves the right to review and disqualify any proposed Subcontractor. The
City's disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and
as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed
and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid
Deadline and at all times during performance of the Work, each listed Subcontractor's license
must be current and active for the portion of the Work listed and shall hold all specialty
certifications required for such Work.
11. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar
Authorizations. (OPTIONAL) The City has applied and paid for the following Governmental
Approvals and Utility Fees): Building Permit, Trash/Electrical Transformer Enclosure Permit,
Mechanical Permit, Electrical Permit, Plumbing Permit, Fire Sprinkler Water Line Fee
(Contractor must submit shop drawings for permit to issue), Sewer Facility Fees.
Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and
NOTICE INVITING BIDS (If appropriate) CONTRACT NO. (Insert #)
paid for by Contractor and will be reimbursed based on Contractor's actual direct cost without
markup.
12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the
Department of Public Works, Water and Development Service. Each Bid shall be accompanied
by a cashier's check or certified check drawn on a solvent bank, payable to "City of Vernon," for
an amount equal to five percent (5%) of the total maximum amount of the Bid. Alternatively, a
satisfactory corporate surety Bid Bond for an amount equal to five percent (5%) of the total
maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee
that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the
contract, enter into a valid contract with the City for said Work in accordance with the Contract
Documents.
13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after
the Bid Deadline.
14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300,
substitution of securities for withheld funds is permitted in accordance therewith.
15. Prevailing Wages. This Project is a "public work" as defined in California Labor Code
Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of
worker needed to perform the Work. The Director of Industrial Relations of the State of
California, pursuant to the California Labor Code, and the rates determined by the California
Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.
16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish
electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor
Standards Enforcement).
17. Annual Fee to the Department of Industrial Relations (DIR). Pursuant to Labor Code 1725.5,
Contractor and any Subcontractors who bid or work on this project with the City must register and
pay an annual fee to the DIR. This project is subject to compliance monitoring and enforcement
by the DIR.
Mark Whitworth
City Administrator
Dated: (Authorized by City Attorney)
Published:
NOTICE INVITING BIDS (if appropriate) CONTRACT NO. (Insert #)
City of Vernon
Instructions for Bidders
Project:
For the Department (Insert Department)
City personnel with whom prospective bidders will deal with are:
(Insert Department), 4305 Santa Fe Avenue, Vernon, CA 90058
(323) 583-8811 Ext.
Bid opening date and time: (Insert date and rime) ("Bid Deadline")
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon,
CA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid received
by the City Clerk after the time set for the bid opening is a non -responsive bid and shall not be
considered.
GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must
be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open
and valid for ninety (90) calendar days after the Bid Deadline.
1. CONTRACTORS LICENSE
The Bidder must possess a valid State of California Contractors License in the
classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and
at all times during the performance of the Work, except as otherwise provided in California
Business and Professions Code Section 7028.15.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of
any part of the Bidding Documents, or who finds discrepancies, errors or omissions
therein or who finds variances in any of the Bidding Documents with applicable
law, such Bidder shall at once submit a written request for an interpretation or
correction thereof to the City's representative identified in the Notice Inviting Bids,
or other designated individual. All Bidders shall submit such written requests to
City not less than ten (10) calendar days prior to the Bid Deadline. The person or
entity submitting the request shall be responsible for its prompt delivery to City's
Contact Person identified in the Notice Inviting Bids.
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
Any interpretation or correction will be made only by Addendum issued by the City
and a copy of such Addendum will be delivered to all Interested Bidders of record.
Any Addenda so issued must be acknowledged in the Bid and the cost of
performing Work described in the Addenda shall be included in the Bid. Bidder's
failure to acknowledge receipt of all Addenda may result in rejection of the Bid as
nonresponsive. No person is authorized to render an oral interpretation or
correction of any Bidding Documents and no Bidder may rely on any such oral
interpretation or correction issued by the City. The City shall not be responsible
for any other explanation or interpretation of the Drawings or Specifications, or for
any oral instructions. City reserves the right to extend the Bid Deadline by issuing
an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.
Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall
not assume responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
B. Copies of Addenda will be made available for inspection wherever Bidding
Documents are on file for that purpose. Each Bidder shall ascertain prior to
submitting a Bid that the Bidder has received all Addenda issued and the Bidder
shall acknowledge their receipt in the Bid.
3. OBTAINING DRAWINGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the
Notice Inviting Bids. City will maintain a list of persons who obtained a copy of
these Specifications ("Interested Bidders"). Only Interested Bidders will receive
Addenda, if so issued.
4. BID FORMS — SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces properly
filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items
mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions
attached to a Bid will render it informal and may cause its rejection. All forms
requiring specific information shall be completed with all applicable information
for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose
the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for"
followed by the title and Specification Number and the date and time of the Bid
Deadline, and the Bidder's name and address. The envelope may be mailed, hand
delivered, or delivered by courier or package delivery service.
D. One Original Bid and two copies shall be hand delivered, delivered by courier or
package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue,
Vernon, CA 90058.
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
E. Bids received after the Bid Deadline or at any place other than the Office of the
City Clerk will not be considered.
BID FORMS — AUTHORIZED SIGNATURES
A. The full name, business address, zip code, and business telephone number, with
area code of the individual, partnership, joint venture, or corporation submitting the
Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign
the form with his/her usual wet ink signature.
B. Sole Proprietorship: An individual shall sign.
C. Partnership (General or Limited): A partner shall sign for a partnership; the
partner shall give the names and addresses of all partners.
D. Corporation: An officer shall sign for a corporation. The corporate name must be
attested by the corporate seal. The names and titles of the president and all officers
of the corporation who are authorized to sign the Bid Forms must be listed in an
authenticated Incumbency Certificate signed by the corporate secretary. A
signature other than a corporate officer's will be accepted only if an authenticated
Incumbency Certificate is attached.
E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D,
based on their applicable situation.
6. BID FORMS — SCHEDULE OF BID PRICES
A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that
may be necessary to complete the project in accordance with the requirements of
the Contract. The cost of all mobilization, preparatory work and operations for the
multiple movements of personnel, equipment, supplies, and incidentals to the
various project sites must be included in the various bid items, and no extra
compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly
legible figures, the Base Bid, the alternates, and the unit price and item total or lump
sum, as the case may be, for which he/she proposes to supply labor, materials, and
equipment and to perform the Work. Bids must not contain any erasures,
interlineations, strike-throughs or other corrections unless the same are suitably
authenticated by affixing in the margin immediately opposite such erasure or
correction the initials of the person(s) signing the Bid. If any Bid, or portion
thereof, is determined by the City to be illegible, ambiguous or inconsistent, City
may reject such a Bid as being non -responsive.
C. In the case of a unit price item, the amount set forth, as the item total shall be the
product of the estimated quantity times the unit price Bid. In the event of a
discrepancy between the unit price Bid and the item total, the unit price shall
prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
cause, or is omitted, or is the same amount as the entry for the item total, then the
item total shall prevail and shall be divided by the estimated quantity for the item
and the price thus obtained shall be the unit price. Where so indicated by the
makeup of the Bid Form, sums shall be expressed in both words and figures, and in
case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for
more information and the list of Bid Alternates, if any. If no change in the Base
Bid is required, enter "No Change."
BID SECURITY
A. Each Bid shall be accompanied by cash or a cashier's check or a certified check,
drawn on a responsible bank doing business in the United States payable to the
City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a
principal and a California admitted surety company (as defined by California Code
of Civil Procedure §§995.120 and 995.311) as surety ("Bid Security").
B. All bonds must be issued by a California admitted surety insurer with the minimum
AM Best Company Financial strength rating of "A:VII" or better. Bonds issued
by a California admitted surety not listed on Treasury Circular 570 will be deemed
accepted unless specifically rejected by the City. Bonds issued from admitted
surety insurers not listed in Treasury Circular 570 must be accompanied by all
documents enumerated in California Code of Civil Procedure Section 995.660. All
such bonds must be accompanied by a power of attorney from the surety company
authorizing the person executing the bond to sign on behalf of the company. If the
bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the
person executing the bond on behalf of Surety must be acknowledged by a Notary
Public as the signature of the person designated in the power of attorney.
C. Bid Security shall be in an amount not less than 5% of the Base Bid. Any Bid
submitted without Bid Security will be rejected as non -responsive. The Bid
Security shall be given as a guarantee that the successful Bidder will execute the
Contract and will provide the insurance, bonds and other required forms within
fourteen (14) calendar days after award of the Contract. Bidders will be entitled to
return of Bid Security except when a successful Bidder forfeits its Bid Security. A
forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to
the expiration of ninety (90) calendar days after award of the Contract; attempts to
withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are
not met; or refuses or fails to execute the Contract and provide the required bonds,
insurance or certificates within fourteen (14) calendar days after award of the
Contract. In any one or more of these events, if City awards the Contract for the
Work to the next lowest responsible Bidder, the amount of the original lowest
Bidder's security shall be applied to the Contract Price differential between the
lowest Bid and the second lowest Bid. Any surplus will be returned to the original
lowest Bidder. If the City rejects all other Bids presented and re -advertises, the
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
lowest Bidder's Bid Security may be used to offset the City's cost of re -advertising
and receiving new Bids. In that case, the surplus if any, will be returned to the
original lowest Bidder.
D. The Bid Security shall be held for ninety (90) calendar days after the award of the
Contract or until posting by the successful Bidder of the payment and performance
bonds, proof of insurance, return of executed copies of the Contract and necessary
certification(s), whichever first occurs, after which time the Bid Security will be
returned to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond"
contained in the Bidding Documents, which Bid Bond shall be properly executed
and acknowledged by the Bidder and by a corporate surety authorized to transact
such business in the State of California.
F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof,
as herein required, will render it informal and may, at the option of the City, result
in the rejection of the Bid under which the Bid Bond is submitted.
8. BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the
form entitled "Bidder's Statement of Qualifications." (OPTIONAL) In addition, if
the Bidder intends to have (insert specialty sub -contract work) Work, Bidder shall
satisfy the mandatory qualifications described in the Specialty Contractors'
Statements of Qualifications applicable to such Work and submit the completed
forms with the Bid. Subcontractors listed for the (insert specialty sub -contract
work) Work must satisfy the mandatory qualifications described in the Specialty
Contractor or Subcontractor Statement of Qualifications applicable to the Work to
be performed by each Subcontractor and Bidder must submit the completed forms
with the Bid. Notwithstanding the provisions of Paragraph 22 herein, the Bidder's
Statement of Qualifications (OPTIONAL) and the Specialty Contractor or
Subcontractor Statement of Qualifications) shall not be public records. All
information required by a Bidder's or Specialty Contractor Statement of
Qualifications shall be completely and fully provided. If no information is to be
filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's
Statement of Qualifications (OPTIONAL) and Specialty Contractor or
Subcontractor Statement of Qualifications) form completed with all information
required may render the Bid non -responsive. If the City determines that any
information provided by a Bidder in the Bidder's (OPTIONAL) or Specialty
Contractors') Statement of Qualifications is false or misleading, or is incomplete
so as to be false or misleading, the City may reject the Bid submitted by such Bidder
as being non -responsive.
B. A responsible Bidder is a Bidder who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
perform fully the requirements of the contract documents. In selecting the lowest
responsible Bidder, consideration will be given not only to the Bidder's financial
standing but also to the general competency of the Bidder for the performance of
the work covered by the Bid including, but not limited to, the experience of the
Bidder in construction of public buildings for public agencies. By submitting a
Bid, each Bidder agrees that the City, in determining the successful Bidder and its
eligibility for the award, may consider the Bidder's experience with similar types
of construction projects and facilities, conduct and performance under other
contracts, financial condition, reputation in the industry, and other factors which
could affect the Bidder's performance of the work.
9. DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall
list each Subcontractor whom the Bidder must disclose under the Subletting and
Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder
shall provide: each Subcontractor's name, the trade and type of work that the
Subcontractor will perform, the location (address) of the Subcontractor's place of
business, each Subcontractor's license number, and the dollar value of each
Subcontractor's labor or services. If additive Alternate Bid Items are included in
the Bidding Documents, the Bidder shall identify each Subcontractor performing
additive Alternate Bid Items, when such Work — or the combination of base
Contract Work and Alternate Work — exceeds one-half of one percent of the total
Bid Amount.
B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during
performance of the Work, each listed Subcontractor shall possess a current and
active California Contractor's license appropriate for the portion of the Work listed
for such Subcontractor, and hold all specialty certifications required for such Work.
C. Disqualification of a Subcontractor. The City has the right to review the suitability
and qualifications of any Subcontractor proposed by the Bidder. As part of this
review, the City may request a Bidder to submit additional information about one
or more of the listed Subcontractors —including, but not limited to —a statement
detailing the Subcontractor's experience with pertinent information as to similar
projects and other evidence of the Subcontractor's qualifications. If requested, the
Bidder shall provide the information to the City within the time specified in the
City's written request. After due investigation, if the City has a reasonable
objection to any proposed Subcontractor, the City may, before giving the notice of
award, require the apparent successful Bidder to submit an acceptable substitute.
The City's disqualification of a Subcontractor does not disqualify a Bidder.
However, prior to and as a condition to award of the Contract, the successful Bidder
shall substitute a properly licensed and qualified Subcontractor without an
adjustment of the Bid Price.
D. Work of Subcontractors. The organization or arrangement of the Specifications
and Drawings do not limit the extent of the Work for the Contract Documents.
6
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
Accordingly, all Bidders are encouraged to disseminate all of the Specifications,
Drawings and other Contract Documents to all persons or entities submitting sub -
bids to the Bidder. The omission of any portion or item of Work from the Bid or
from sub -bids, which is reasonably inferable from the Contract Documents, will
not be a basis for adjustment of the Contract Price or the Contract Time.
E. Ineligible Subcontractors. The successful Bidder is prohibited from performing
Work on the Project with any Subcontractor who is ineligible to perform work on
a public works project pursuant to California Labor Code Sections 1777.1 or
1777.7. In submitting its Bid, the Bidder certifies that it has investigated the
eligibility of each and every listed Subcontractor and has determined that none is
ineligible to perform work pursuant to the above code provisions.
10. CONTRACTOR'S NONCOLLUSION AFFIDAVIT
A Noncollusion Affidavit in the form provided by the City shall be signed under penalty
of perjury, certifying that the Bid is not the result of and has not been influenced by
collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit,
or believed to be made in violation of the requirements set forth in the affidavit form, may
be rejected.
11. INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance
Requirements in this Specification and the Contract Documents. The insurance company's
underwriter or agent must complete the Insurance Requirements documentation which
states that the insurer's underwriter or agent will furnish the City with the required
insurance documents within fourteen (14) days after the Bidder's having been notified of
the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made
without this statement, or made with an incomplete statement, may be rejected.
12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK
A. The Bidder shall examine carefully the site of the Work contemplated and the
Drawings and Specifications. The submission of a Bid will be conclusive evidence
that the Bidder has investigated and is satisfied as to the conditions to be
encountered, as to the character, quality, and quantities of Work to be performed
and materials to be furnished, the difficulties to be encountered, and to the
requirements of the Drawings, Specifications, and other Contract Documents. The
Bidder shall ascertain the locations of the existing utility services, and other
underground facilities, and provide for carrying out its operations so as to cause the
minimum possible inconvenience to the occupants of properties along any streets
affected. All Work and costs involved in the safeguarding of the properties of
others shall be at the expense of the Bidder to whom the Contract may be awarded.
B. The Bidder hereby certifies that it has examined the local conditions, has read each
and every clause of the Contract Documents, and that it has included all costs
necessary to complete the specified Work in its Bid prices, and the Bidder agrees
7
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
that if it is awarded the Contract, it will make no claim against the City based upon
ignorance of local conditions or misunderstanding of any of the provisions of the
Contract. Should the conditions turn out otherwise than the Bidder anticipated, the
Bidder agrees to assume all risks incident thereto.
13. PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for
comparing Bids, and no claim shall be made against the City for excess or deficiency
therein, actual or relative. Payment at the prices agreed upon will be in full for the
completed Work and will cover materials, supplies, labor, tools, equipment, and all other
expenditures incident to a satisfactory compliance with the Contract, unless otherwise
specifically provided.
14. PERMIT FEES
(Optional) If provided in the General Conditions, Contractor shall be reimbursed for the
actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of
the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder's Base
Bid sum; Base Bid sum shall include the cost of administration and coordination for all
Governmental Approvals and Utility Fees.
15. SUBSTITUTIONS
[Select one of the following alternatives.-]
(Option 1) No requests for substitution of any material, device, product, equipment,
fixture, form, or type of construction shall be considered by City prior to award of the
Contract. Bidders shall submit all requests for substitution and substantiating data, within
(insert # of days) (__) calendar days from the date of the Notice to Proceed. Bidder
shall refer to the appropriate provisions of the General Conditions for additional
information regarding substitutions. Authorization of a substitution is solely within the
discretion of the City.
(Option 2) Bidders wishing to obtain City's authorization for substitution of any material,
device, product, equipment, fixture, form, or type of construction shall submit all requests
for substitution, including all data necessary to demonstrate acceptability, a minimum of
(insert # of days) U calendar days prior to the Bid Deadline. Approval of any
such substitution shall be made in writing by the City. Bidders shall refer to the appropriate
provisions in the General Conditions for additional requirements for substitutions. In the
absence of a written Addendum prior to the Bid Deadline or a Change Order approving the
request after Contract award, a request for substitution shall be deemed denied.
16. RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non -responsive and shall be returned to the
Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted
Bids shall not be considered unless the Notice Inviting Bids expressly permits such means
8
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
of transmittal.
Bidder may withdraw its Bid either personally or by written request any time prior to the
scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice
Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date -
stamped and time -stamped by the City upon receipt. Withdrawn Bids may be resubmitted
before the Bid Deadline provided that they are in full conformance with these Instructions
to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.
Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance
with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid
that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or
cancelled for a period of ninety (90) days after award of the Contract.
18. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after
the Bid Deadline has expired at the time and location listed in the Notice Inviting
Bids. A tabulation of all Bids received will be available for public inspection at the
Office of the Director of Community Service & Water, 4305 Santa Fe Avenue,
Vernon, CA during regular business hours for a period of not less than thirty (30)
calendar days following the Bid Deadline. The City reserves the right to accept or
reject any or all Bids and be the sole judge regarding the suitability of the products,
services or supplies offered; and/or to waive any irregularities or informalities in
any Bids or in the bidding process. The City further reserves the right to purchase
all or fewer than all items or quantities of each item listed in the Bidding
Documents. The award of the Contract, if made by the City, shall be to the lowest
responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest
Bid shall be determined according to Paragraph 20 below.
B. Evaluation of Bids.
1. Mandatory Qualifications. A Bid shall be rejected as non -responsive if the
Bidder fails to document in the Bid that Bidder meets the essential
requirements for qualification described in the Notice Inviting Bids. As part
of the Bidder's Statement of Qualifications each Bidder must establish that
it, as the current entity: (1) has successfully completed at least (Insert # of
projects) (__) similar projects involving similar work within the last
(Insert # of years) ( ) years with a cost equal to or in excess of the
Bidder's Bid; and (2) has successfully completed at least (Insert # of public
works projects) (__) public works projects. (OPTIONAL) The City's
disqualification of a Subcontractor listed for the (insert specialty sub-
contract work) Work does not disqualify a Bidder. However, prior to and
as a condition to award of the Contract, the successful Bidder shall
substitute a properly licensed and qualified Subcontractor — without an
adjustment of the Bid Price.
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
Responsive Bid. A responsive Bid is a Bid which conforms, in all material
respects, to the Bidding Requirements and Contract Documents.
Responsible Bidder. A responsible Bidder is a Bidder who has
demonstrated the attribute of trustworthiness, as well as quality, fitness,
capacity and experience to satisfactorily perform fully the requirements of
the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder,
consideration will be given not only to the financial standing but also to the
general competency of the Bidder for the performance of the Work covered
by the Bid including, but not limited to, the experience of the Bidder in
construction of public works for public agencies. By submitting a Bid, each
Bidder agrees that the City, in determining the successful Bidder and its
eligibility for the award, may consider the Bidder's experience with similar
types of construction projects and facilities, conduct and performance under
other contracts, financial condition, reputation in the industry, safety record
and protocols and other factors which could affect the Bidder's performance
of the Work.
19. AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or
technical defects, as the interest of the City may require. Award of Contract or rejection
of Bids will be made by the City within ninety (90) calendar days following the Bid
Opening.
20. BASIS OF AWARD
A. A Contract will be awarded to the lowest responsive and responsible Bidder
meeting all requirements set forth in these Bidding Documents.
(If bidders are required to bid for items that maybe added to or deducted from the scope
of work select one of the following optional clauses. The choice of one of these methods
is required by Cal. PC §20103.8. If the City does not specify a method, the lowest bid will
be the lowest bid prices on the base contract without consideration ofprices on the additive
or deductive items)
[Option I] The City will award the Contract based on the lowest Base Bid without
consideration of the prices on the additive or deductive items.
[Option 2] The City will award the Contract based on the lowest Base Bid including
all alternates.
[Option 3] The City will award the Contract based on the lowest total of the bid
prices on the base bid and those additive or deductive items that when taken in order
from a specifically identified list of those items in the Bid Form and added to, or
subtracted from, the base contract, are less than, or equal to, a funding amount
10
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
publicly disclosed by the City before the first bid is opened.
[Option 4] The City will award the Contract based on the lowest bid in a manner
that prevents any information that would identify any of the bidders from being
revealed to the City before the ranking of all bidders from lowest to highest has
been determined.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid
Alternates at the time of award of the Contract, regardless of whether such Bid
Alternates were used in the analysis to determine the lowest Bid.
21. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded
the Contract, Contractor shall deliver to the City the following documents:
A. Three (3) copies of the Contract in the form included herein, properly executed by
Contractor and, if Contractor is a corporation, evidence of its corporate existence
and that the persons signing the Contract are authorized to do so. All signatures
must be notarized.
B. Properly executed copies of the (a) Performance Bond (b) Labor and Material
(Payment) Bond and (c) Maintenance Bond in accordance with the requirements
set forth in Article 13 of the General Conditions and in the form shown on Exhibits
1, 2 and 3 attached thereto. All signatures must be notarized.
C. Properly executed policies of all of the following: (a) the Commercial General
Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional
Liability, if required, and (e) the corresponding endorsements for each policy in
accordance with the requirements set forth in Article 12 of the General Conditions.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for
the State of California, or on days when City Hall is closed, the aforesaid documents shall
be delivered by the following Working Day.
After receipt of said documents within said time period or any extension thereof granted
by the City, the City shall execute the Contract and return one (1) of said three (3) copies
to Contractor for its files.
22. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon
opening, all Bids shall become a matter of public record and shall be regarded as public,
with the exception of those elements of each Bid that are identified by the Bidder and
plainly marked as "trade secret," "confidential," or "proprietary," including any Statement
of Qualifications and financial statements to be submitted by Bidders. Each element of a
Bid which a Bidder desires not to be considered a public record must be clearly marked as
set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other,
11
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
non-specific designations) shall not be sufficient and shall not bind the City in any way
whatsoever. If City receives a request from a third party to make a Bid available for
inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs
the City that the information is not to be released, City will withhold the information,
provided, the Bidder expeditiously seeks a protective order from a court of competent
jurisdiction to prevent such release. If disclosure is required under the California Public
Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City
shall not in any way be liable or responsible for the disclosure of any such records or part
thereof.
Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel
for City), and hold harmless City, its officers, agents, employees, and representatives from
and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses
arising out of or alleging City's refusal to publicly disclose one or more records that Bidder
identifies as protectable, or asserts is protectable.
23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant
prevailing wage rate determinations in effect on the first advertisement date of the
Notice Calling for Bids in preparing the Bid Proposal and all component price
quotations, provided, however, that when Davis Bacon wage rates apply, such rates
are subject to increase by written notice, issued by Addendum not less than 10
calendar days before the Bid Deadline. Pursuant to California Labor Code Section
1770 et seq., the Director of the Department of Industrial Relations of the State of
California and the United States Secretary of Labor have determined the general
prevailing wage rates in the locality in which the Work is to be performed. Said
rate schedules are available on the Internet at www.dir.ca.gov/DLSRJPWD/. The
wage rate for any classification not listed, but which may be required to execute the
Work, shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. To
comply with California Labor Code Section 1773.2, Contractor shall post, at
appropriate and conspicuous locations on the job site, a schedule showing all
applicable prevailing wage rates and shall also comply with the requirements of
California Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to California
Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230,
Contractor and Subcontractors of any tier who are not already approved to train by
an apprenticeship program sponsor shall, within ten (10) calendar days of signing
the Contract or subcontract, as applicable, but in any event prior to the first day in
which Contractor or Subcontractor has workers employed on the Project, submit
the Public Works Contract Award Information form (DAS Form 140) to the
appropriate local apprenticeship committees whose geographic area of operation
include the area of the Project and who can supply apprentices to the Project. City
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
12
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of
signing the Contract or subcontract, as applicable, the Statement of Employer
Payments (DLSE Form PW 26) shall be completed for each Contractor and
Subcontractor of any tier who pays benefits to a third party trust, plan or fund for
health and welfare benefits, vacation funds or makes pension contributions. The
form must contain, for each worker classification, the fund, plan or trust name,
address, administrator, the amount per hour contributed and the frequency of
contributions. Training fund contributions shall also be reported in this form. City
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors
submitting price quotations for portions of the Work of the requirements concerning
payment of prevailing wage rates, payroll records, hours of Work, and employment
of apprentices.
24. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and
failure to submit same may be grounds, in the sole discretion of the City, for rejection of
any Bidder.
A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and
Subcontractors, if any, shall comply with the terms and conditions of Ordinance
No. 1187, the City's Living Wage Ordinance. Upon request, certified payroll
documents shall be provided to the City. If there is a difference between the Vernon
Living Wage rates and the California Prevailing wage rates for the same
classification of labor, Contractor and subcontractor shall not pay less than the
highest wage rate for that classification.
B. Equal Employment Opportunity in Contracting. The City of Vernon is committed
to a policy of equal opportunity in contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are
encouraged to submit bids or proposals. Contractors expressly agree to comply
with the City's ordinances and regulations regarding Equal Opportunity
Employment as well as regulations that may be mandated by the source of the funds
supporting the Contract. Contractor certifies and represents that during the
performance of this Contract, it and any other parties with whom it may subcontract
shall adhere to equal employment opportunity practices to assure that applicants,
employees and recipients of service are treated equally and are not discriminated
against because of their are not discriminated against because of their race, religion,
religious belief, color, national origin, citizenship, ancestry, disability, sex, age,
medical condition, pregnancy, sexual orientation or marital status. Contractor
certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and California laws including,
but not limited to, the California Fair Employment and Housing Act (California
13
INSTRUCTION TO BIDDERS (If appropriate) CONTRACT NO. (Insert #)
Government Code Section 12900, et seq.), California Labor Code Section 1735,
and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Contractor shall require like compliance by all Subcontractors employed on the
Work.
25. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the
Contract may file a protest if the Bidder complies with all of the following
requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Contract
Documents is filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5)
calendar days following the City's notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest,
including without limitation: all facts, supporting documentation, legal
authorities, and argument in support of the grounds for the Bid protest. All
factual contentions must be supported by competent, admissible, and credible
evidence.
B. Any matters not set forth in the written Bid protest will be deemed waived. Any
Bid protest not conforming to the foregoing requirements and conditions will be
rejected by the City as invalid.
C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's
submission of this Bid and the City acceptance of same, the Bidder shall indemnify,
defend (with counsel acceptable to City), and hold harmless the City, its City
Council members, employees, and agents from liability, claims, demands,
damages, and costs arising therefrom if such dispute or action arises solely upon
the award of a Contract in compliance with federal, state, and local laws.
[END OF DOCUMENT]
14
INSTRUCTION TO BIDDERS (Ifappropriate) CONTRACT NO. (Insert #)
EXHIBIT A
GENERAL CONDITIONS
ARTICLE 1- PRELIMINARY PROVISIONS
1.01 DEFINITIONS
The following words shall have the following meanings:
A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum, Contract
Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently
defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline.
Allowances include estimated amounts established by the City for certain construction elements that
have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval
or selection of actual materials and equipment to a later date when additional information is available
for evaluation.
B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually
built, including, without limitation, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract
Documents.
C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described
in the Contract Documents as the base Contract Work (e.g. not designated as part of a Bid Alternate).
D. Bid. A complete and property executed offer by the Bidder on City -prescribed forms to perform the
Work for the prices stated in response to the Notice Inviting Bids.
E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will
be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts
the Bid Alternate.
Bid Forms: The City -prescribed forms which the Bidder shall complete and use to submit a Bid.
The Bid Forms include: (1) Bidders Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate;
(4) Bid Bond; (5) Bidder's Statement of Qualifications; (6) Experience Form; (7) Trades Experience
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of Non -
Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification
required by the type of project funding (e.g. federal, ARRA, HUD, etc.).
G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid
on these Contract Documents or any part thereof.
H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed
Contract Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to
Bidders; and (3) Bid Fortes. The proposed Contract Documents consist of: (1) the Bidding
Requirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the
Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the
Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction
ARTICLE 1
GC-1
Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9)
Governmental Approvals, if any, including but not limited to, permits.
Change Order. A Change Order is a written document prepared by the City reflecting the agreement
between the City and Contractor for. a change in the terms or conditions of the Contract, if any; a
specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and
the extent of the adjustment, if any, in the Contract Time.
J. Change Order Request (COR). A Change Order Request is a written document originated by the
Contractor, which describes an instruction issued by the City after the effective date of the Contract,
which Contractor believes to be a scope change that may result in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability of a change in the Work proposed by
Contractor.
K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with
the Project.
L. Construction Change Directive. A written order prepared and signed by the City directing a change
in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.
M. Contract Documents. The Contract Documents are enumerated in the Construction Contract
between City and Contractor and consist of. (1) the Bidding Requirements; (2) the Construction
Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the
execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9)
Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents
is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents
the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
on by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Owner and the Contractor.
There shall be no third party beneficiaries of the Contract Documents.
0. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable
to Contractor for the complete performance of the Work in accordance with the Contract Documents.
P. Contract Time. The total number of days set forth in the Construction Contact within which
Substantial Completion of the Work must be achieved beginning with the Date of Commencement
established in the Notice to Proceed, subject to adjustments in accordance with the terms of the
Contract Documents. The Contract Time for Contractor's performance of the Work is measured in
calendar days (not work days).
Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom
the Contract is made by City, or the agent or legal representative who may be appointed to represent
ARTICLE 1
GC-2
such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the
Contract as general contractor for construction of the Work.
R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period
used in the Contract Documents.
S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to
Proceed to Contractor.
T. Day. The terms "day" or "days" mean calendar days unless otherwise specifically designated in the
Contract Documents. The term "Work Day" or "Working Day" shall mean any calendar day except
Saturdays, Sundays and City -recognized legal holidays.
U. Director. The Director of the Community Service and Water Department of the City of Vernon or his/her
duly appointed representative.
V. Drawings. The Drawings are the graphic.and pictorial portions of the Contract Documents showing
the design, location, and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional
and unforeseen costs.
X. Field Directive. See, "Work Directive.
Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, but not limited to, correction or completion of all punch
list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an
Application for Final Payment and all closeout documentation required by the Contract Documents;
and (3) documentation of all final Governmental Approvals has been submitted to City including, but
not limited to a final Certificate of Occupancy or equivalent Building Department sign -off has been
issued covering the entire Project site without exception or conditions.
Z. Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war, sabotage,
insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acts of God.
AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.
BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulation or procedures in order for Contractor to perform the Work.
CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as
guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the
warrantor.
ARTICLE 1
GC-3
DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directive.
EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for the Work.
FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as
the Parties.
GG. Permit Fees. [OPTION #1] The actual direct costs paid by Contractor for Governmental Approvals
and Utility Fees. [OPTION #2] Governmental Approvals and Utility Fees as required by any agency to
be paid by the City of Vernon.
HH. (if applicable) Permit Fees Reimbursement. A payment made to the Contractor by the City in addition
to the Contract Sum to compensate Contractor for the actual direct cost of all Permit Fees.
II. Project The Project is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by the City or by separate
contractors.
JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents
assembled for the Work made available to Bidders.
KK. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other modifications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set of "As -Built" Drawings
and Specifications, which shall be continuously updated during the prosecution of the Work.
LL. Site. The physical area designated in the Contract Documents for Contractor's performance of the
Work.
MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without
limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions,
Supplementary and/or Special Conditions, if any, the "GREENBOOK" STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for
Public Works Construction (2009 Edition), State of California, Department of Transportation
Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans.
NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equipment, systems, standards, and workmanship for the Work
and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications.
00. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of
the Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work for its intended use and as
further defined in the Contract Documents.
PP. Unilateral Change Order. See "Work Directive."
ARTICLE 1
GC-4
1.02
QQ. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line,
facility or system used for the carriage, transmission and/or distribution of cable television, electric
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
commodity including, but not limited to fees for temporary utilities and refuse hauling.
RR. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible
as warrantor, for the quantity, quality, performance and other representations of a product, system
service of the Work.
SS. Work. The term 'Work" means the construction and other services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The Work may constitute the whole or a part of the Project.
TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor
to continue performance of the Work or to perform a disputed change in the Work prior to agreement
or adjustment, if any, in the Contract Sum, Contract Time, or both.
A. The Director shall be the representative of the City and, except as otherwise expressly provided
herein, shall make all decisions and interpretations to be made by the City under the provisions of the
Contract Documents.
B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent.
Instructions and information given by the Director to the Contractor's agent on the Work shall be
considered as having been given to the Contractor.
1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND
UTILITIES
A. [OPTION #1] Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for,
obtain, and pay for all permits including, but not limited to, building or structure permits, plumbing
system permits, mechanical system permits, electrical system permits, structural system permits,
demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer,
gutter, crosswalk, paving or other street work grading permits, streeUutility use permits, OSHA permits,
fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to
demolish, remove, or make major alterations to any designated historic resource; inspections; and plan
checks obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list
of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to
the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and
Utility Fees not listed in the Notice Inviting Bids.
[OPTION #2] City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the
construction of the project.
B. [OPTION #11 The City will reimburse Contractor monthly for the documented actual direct cost paid to
governmental agencies or utilities for all Permit Fees according to the payment provisions of the
Contract Documents after submission to the City of the Contractor's and/or Subcontractors' original
receipts from the governmental entities or utilities ("Permit Fee Reimbursement'). Contractor shall
deliver the original receipt to the City's Project Manager with each permit. All Permit Fees shall be
ARTICLE 1
GC-5
separately itemized in each Application for Payment and copies of the receipt(s) and permit(s) must be
attached. The Base Bid sum / Contract Sum shall include the cost of administration and coordination
for all Governmental Approvals and Utility Fees.
[OPTION #2] (If applicable) Contractor shall obtain a no -fee encroachment permit from the City of
Vernon's Public Work, Water and Development Services Department.
C. All documents evidencing Contractor's satisfaction with all Governmental Approvals and Utility Fees
must be submitted to the City prior to submission of the Application for Final Payment.
D. Where requirements of the Governmental Approvals differ from those of the Drawings and
Specifications, the more stringent requirements shall apply.
E. [OPTION #11 Unless otherwise specified in the Contract Documents, Contractor shall be responsible
for payments of all Utility Fees from the Date of Commencement until City's Final Acceptance of the
Work.
1.04 LICENSES
The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work.
[If applicable] Contractor shall apply and pay for a City of Vernon business license.
1.05 ALLOWANCES
A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City's estimated
cost established for each Work item covered by an Allowance stated in the Contract Documents. See
Paragraph 1.01 for definition of Allowance.
B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost
to Contractor of. all materials and equipment, preparation of submittals; labor; transportation; delivery;
handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other
taxes legally chargeable; and all other costs and expenses incidental to such Work.
C. Work items covered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contractor shall notify and request City's approval of material
equipment, and pricing information for Work covered by an Allowance before ordering the material or
equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials,
equipment, and prices with reasonable promptness. The material, equipment, and pricing information
submitted by the Contractor to the City's Project Manager shall, at a minimum, include product data
and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred
by Contractor and each subcontractor associated with the performance of such Work. Contractor shall
not order materials or equipment or proceed with Work covered by an Allowance until the material,
equipment, and pricing information for such Work items have been submitted to the City's Project
Representative for review and the Contractor has received City's approval to proceed with a Work item
covered by an Allowance.
D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment.
E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of
ARTICLE 1
GC-6
Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the
Allowance Rem. If Work items covered by an Allowance are not performed or the City deletes such
items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Directive to deduct the Cost of the unused Allowance item.
1.06 WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different character.
1.07 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Director with such information as the Director may desire respecting the
character of the materials and the progress and manner of the Work, including all information necessary to
determine the Contractor's costs, such as the number of persons employed, their pay, the time during which
they worked on the various classes of construction, and other pertinent data.
1.08 CONTRACT DRAWINGS
The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings.
1.09 SPECIFICATIONS AND DRAWINGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
Orders pertaining to the Work and shall at all times give the Director access thereto. Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be of like effect as though shown or mentioned in both.
B. In general, the Drawings will show dimensions, positions, and kind of construction; and the
Specifications will define materials, quality, and standards. Any Work not particularly detailed,
marked or specified, shall be the same as similar parts that are detailed, marked or specified.
C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale,' must be brought to the Director's attention before proceeding with the Work
affected by the discrepancy.
D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the
responsibility of furnishing, making, or installing all items required by law or code, or usually
furnished, made or installed in a project of the scope and general character indicated by the Drawings
and Specifications.
E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontract or trade. The
Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the
location or provision in the Drawings and Specifications.
The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings
ARTICLE 1
GC-7
and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof.
The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set.
1.10 PRECEDENCE OF CONTRACT DOCUMENTS
A. In the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the better
quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In
the event none of the Contract Documents place a more stringent requirement or greater burden
on the Contractor, the controlling provision shall be that which is found in the document with higher
precedence in accordance with the following order of precedence:
1. Governmental Approvals including, but not limited to, permits required for the Work
2. Modifications issued after execution of the Contract (including modifications to Drawings
and Specifications)
3. The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
4. Special Conditions, if any
5. General Conditions
6. Specifications
7. Drawings
8. Bidding Requirements
B. With reference to the Drawings, the order of precedence is as follows:
1. Change Order Drawings
2. Addenda Drawings
3. Contract Drawings
4. Project Drawings
5. Standard Drawings
6. Detail Drawings
7. General Drawings
8. Figures
9. Scaled dimensions
ARTICLE 1
GC-8
1.12
C. Within the Specifications, the order of precedence is as follows:
1. Change Orders
2. Special Conditions
3. Project Technical Specifications
4. Standard Specifications, if any
5. Applicable Trade Association Specifications
NOTICE OF CONFLICTS
If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in
the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall
immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director
finds a conflict, error oromission, the Director shall determine the corrective actions and advise the Contractor
accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount
of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the
Contract Documents. After discovery of an error or omission by the Contractor, any related additional work
performed by the Contractor shall be done at the Contractors risk unless authorized by the Director.
REPORTS
A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the
following information concerning events at Project site:
1. List of Subcontractors at Project site.
2. List of other contractors at Project site.
3. Approximate count of personnel at Project site.
4. Equipment at Project site.
5. Material deliveries.
6. High and low temperatures and general weather conditions, including presence of rain or
snow.
7. Accidents.
8. Meetings and significant decisions.
9. Unusual events.
10. Stoppages, delays, shortages, and losses.
11. Meter readings and similar recordings.
12. Emergency procedures.
13. Orders and requests of authorities having jurisdiction.
14. Change Orders received and implemented.
15. Construction Change Directives received and implemented.
16. Services connected and disconnected.
17. Equipment or system tests and startups.
18. Partial completions and occupancies.
19. Substantial Completions authorized.
20. List of visitors to Project Site.
21. List of personnel at Project Site including names and job classifications.
22. Description of Work for the day including locations, quantities and related bid items.
ARTICLE 1
GC-9
Immediately upon discovery of a difference between field conditions and the Contract Documents, the
Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a
detailed description of the differing conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Contractor's Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to others as directed by City.
1.13 LINES, GRADES, AND MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all
survey stakes and reference points as far as possible. Should any stakes or points be removed or
destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the
satisfaction of the Director, at the Contractor's expense.
B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places
at which he/she intends to Work in order that inspection may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned
by giving lines and grades, by making other necessary measurements, or by inspection.
1.14 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the Work to be constructed under this
Contract will be provided by the City.
B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon
approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of
way or property which may be suitable for working space and for storage of equipment and
materials. The Contractor will be held responsible for any damage to structures, streets, and roads,
trees and landscaping, and for any damage that may result from his/her use of City property.
C. In case areas additional to those available on the City's rights of way or property are required by the
Contractor for his/her operations, he/she shall make arrangements with the property owners for the use
of such additional areas at his/her own expense.
1.15 CONTRACTOR'S OPERATIONS/STORAGE YARD
In the event the Contractor requires space for the storage and/or staging of construction materials, supplies,
equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at
his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging
area must be enclosed at Contractor's expense with construction fencing covered with a mesh screen to limit
visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal
condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded
and free of weeds and debris when project is completed.
[END OF ARTICLE]
ARTICLE 1
GC-10
ARTICLE 2-PERFORMANCE OF THE WORK
2.01 PERFORMANCE OF WORK - GENERAL
Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and
equipment for doing and performing said Work and the materials used shall comply with the requirements of the
Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and
subject to the approval of the Director, or his/her designated assistant.
2.02 NO ASSIGNMENT OR DELEGATION
Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in
whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion.
2.03 STANDARD OF PERFORMANCE
2.04
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel; that any Work
performed by Contractor under the Contract will be performed in the best manner; that any material furnished
shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements
of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or
not shall be repaired or replaced by Contractor at Contractor's expense.
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and
corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform
process and quality control sampling and testing and exercise management control the work of his/her
subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading,
compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all information resulting from mix design and quality control activities. All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.
Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or
unsatisfactory Work determined by the City.
The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is
deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly
estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's
acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance
of the Work.)
ARTICLE 2
GC-11
2.05 CITY'S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work
required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with
the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to
commence and correct such default, failure to perform, or neglect with diligence and promptness, the
City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work
Contractor has failed to perform and/or replace or correct deficiencies in the Work. In such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies,
including compensation for additional services by the City's project management staff, the Architect,
and their respective consultants made necessary by such default, failure to perform, or neglect, plus
15% for City's overhead expenses. If payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is
cumulative.
B. The City also has the right, but not the obligation, to self -perform or have outside forces perform portions
of the Work previously assigned to Contractor. In such case a Change Order or Construction Change
Directive shall be issued, reducing the Contract Sum by the Unit Pdce(s) applicable to such deleted
Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such
deleted Work and the Allowable Mark -Up applicable to such deleted Work.
2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by
certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All correspondence with Contractor shall be sent to the following address:
Attention:
Phone:
Facsimile:
All communications shall be copied to City and shall be delivered to City's Director at the address
set forth below, with copies to such additional persons as may be directed by City's Director.
of Vernon
Community Service and Water Department
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: {INSERT PROJECT MANGER'S NAME)
Phone:
ARTICLE 2
GC-12
Facsimile:
E-mail:
B. Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S.
Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing,
notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices received after 5:00 p.m. shall be deemed received on the first business day following
delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of
the fax must have been received before 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Contractor's Project Manager and technical
representatives designated by City. Contractor's representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
concerning the Work.
C. Contractor shall copy City on all written correspondence pertaining to the Contract between
Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys.
D. Notification of Affected Residents/Businesses — The Contractor shall be responsible for distribution of
the general information letter of the project to all affected residents and businesses. A project general
information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution
to all residents, business establishments, and institutions fronting on or directly affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distribution shall be accomplished in a manner
acceptable to the City Engineer and shall be five (5) working days priorto the beginning of construction
operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible
for such other notifications as may be required related to necessary closures of streets, alleys,
driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restrictions required in the performance of any work under this
contract preclude any resident, tenant, or property owner from utilizing the premises or conducting
business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the affected residents and businesses.
If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the
affected residents and places of business shall be re -notified of the revised schedule, in writing, as
indicated above.
Contractor costs for all of the above notifications shall be considered as included in the appropriate
items of the Bid Proposal.
E. Notification of Utilities — The provisions of Section 5 entitled "Utilities" of the "Greenbook" Standard
Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern
California (U.S.A.) at least two working days in advance of the construction work
ARTICLE 2
GC-13
2.07
2.08
The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, or joint venture of the City.
A. During Working Hours:
In case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Contractor shall act, without previous instructions from the City, as the situation may
warrant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work.
B. Outside of Working Hours:
Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, the Contractor shall act, without previous instructions from the City as the situation may
warrant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.
Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to
respond to an emergency outside of regular working hours, the City's forces will handle such
emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the
cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as
provided in the Contract Documents. The performance of emergency Work by City forces will not
relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract.
2.09 SUBCONTRACTORS
A. Each subcontract shall contain a reference to the Contract between the City and the principal
Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
insofar as applicable to the Work covered thereby. If, in the Director's opinion, the Subcontractor fails
to comply with the requirements of the principal Contract insofar as the same may be applicable to the
Subcontractor's Work, the Director may disqualify the Subcontractor.
B. Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontractor and the City.
C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible
to the City for the acts and omissions of Subcontractors and of persons employed by them as the
Contractor is for the acts and omissions of persons directly employed by him/her.
D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material
suppliers engaged upon the Work. It shall be the Contractor's duty to see that all of his/her
Subcontractors commence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Work or materials; and that all damage caused by them or their
workers is made good at his/her expense.
ARTICLE 2
GC-14
E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or
between subcontractors.
The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the
City, on those parts of the Work which are specified to be performed by specialty contractors.
2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT
A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a
condition suitable for use by the City, the City may, after written notice and designation from the
Director to the Contractor, use (which includes, but is not limited to, taking over or placing into
service) any portion(s) designated by the Director.
B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in
any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any
warranty and/or guarantee periods.
C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used,
not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of
the Contractor, or any other cause, shall be made at the expense of the Contractor.
D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities
or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof.
Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof,
nor impair, reduce, or change the amount of liquidated damages.
2.11 COOPERATION WITH OTHER WORK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.
B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and
City personnel may be working in the vicinity during the project construction period. There may be
some interference between these activities and the Work under the Contract Documents. The
Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure
timely Contract completion.
2.12 AGREEMENTS WITH PROPERTY OWNERS
Agreements with property owners for storing excavated material, storing any other materials, or for any other
purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her
information. All storage charges shall be at the Contractor's sole expense.
2.13 PROTECTION OF PROPERTY
All public and private property, pavement or improvement, shall be safely guarded from damage or loss in
connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged
during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All
damages and losses incurred shall be paid by the Contractor.
ARTICLE 2
GC-15
2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Except as otherwise provided in the Contract Documents and except as to the cost of repair or
restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on account of the amount or character of the Work, or from any unforeseen
obstructions or difficulties which may be encountered, or from any encumbrances on the line of the
Work, or because the nature of the ground in or on which the Work is done is different from what is
assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which
he/she has been entrusted.
B. Materials and Facilities
The Contractor shall be responsible for materials and facilities as hereinafter provided and in the
event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the
expense of the Contractor:
The Contractor shall be responsible for any materials so furnished and for the care of all
Work until its completion and final acceptance, and he/she shall at his/her own expense
replace damaged or lost materials and repair damaged parts of the Work.
2. The Contractor shall protect City facilities from damage resulting from his/her Work. City
facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be
repaired or replaced, as directed by the Director, at the Contractor's expense.
3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction during construction. If Contractor fails to completely remove such items within a
reasonable time the City may do so at the Contractor's expense.
C. Laws and Regulations
1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those
engaged or employed on the Work, or the materials used in the Work, or in any way affecting
the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority
over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in
the Drawings or Specifications herein referred to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in writing to the Director.
2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may
become effective before Final Completion of this Contract.
3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws,
ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this
Contract is at variance with such applicable law requirement, he/she shall immediately notify the
Director.
4. If such applicable law requirement was not in effect on the date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such
ARTICLE 2
GC-16
applicable law requirement was in effect on said date of bid submission, no adjustment of Contract
price will be considered.
5. The Contractor, at his/her own expense, shall pay all taxes property assessed against his/her
equipment, materials, or property used or required in connection with the Work.
2.15 WARRANTY AND CORRECTIONS
A. Warranty
1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished
under the Contract will be of good quality and new unless otherwise required or permitted by
the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the
Work will conform to the requirements of the Contract Documents; and (iv) Contractor will
deliver the Project free of stop notice claims. Work not conforming to these requirements,
including substitutions not accepted by the City, will be deemed defective. The Contractors
warranty excludes improper or insufficient maintenance, improper operation, or normal wear
and tear and normal usage. If required by the City, the Contractor shall fumish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited
by the correction obligation of Paragraph 2.04 herein.
2. Overlap. Where any warranties provided under the Contract Documents ovedap, conflict, or
are duplicative, Contractor will be bound by the more stringent requirements.
3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or
transfer or assign to City or City's designee prior to the time of Final Completion of the Work,
any and all warranties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Contractor obtained from any other person or entity other than
Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees
to perform the Work in such a manner so as to preserve any and all such warranties.
Contractor shall secure written warranties from all Subcontractors. Contractor and its
Subcontractors shall offer any warranty upgrades or extensions that are offered by
manufacturers of any equipment or system installed in the Work to the City. Contractor shall
deliver to City all warranty and guarantee documents and policies.
4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor's
completion of the Work or termination of Contractor's performance of the Work.
B. Correction of Work
1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by
the City or City's designee, as failing to conform to the requirements of the Contract
Documents, whether discovered before or after Final Completion and whether or not
fabricated, installed, or completed. Costs of correcting such rejected Work, including
additional testing, inspections, and compensation for the City's services and expenses
made necessary thereby, will be at the Contractor's expense within the Contract Price.
2. After Final Completion.
(a) In addition to the Contractor's warranty obligations under Paragraph 2.15-A, if,
within one (1) year after the date of Final Completion of the Work or within the time
period established by any applicable special warranty required by the Contract
ARTICLE 2
GC-17
Documents, any of the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor shall commence
correction or replacement of such Work within forty-eight (48) hours after receipt
of written notice from the City to do so. The Contractor shall perform such
corrective work without charge or cost to the City after Final Completion of the
Work. The City shall give such notice promptly after discovery of the condition.
(b) If the Contractor fails to commence correction or replacement of non -conforming
Work within forty-eight (48) hours after receipt of written notice, the City will
proceed to have defects repaired or replaced at the expense of the Contractor and
its Performance Bond surety, plus fifteen percent (15%) for the City's overhead
and administrative expense. The City may charge such costs against any
payment due Contractor. If, in the opinion of the City, defective work creates a
dangerous or hazardous condition or requires immediate correction or attention to
prevent further loss to the City or to prevent interruption of operations of the City,
the City may take immediate action, give notice, make such correction, or provide
such attention and the cost of such correction or attention will be charged against
the Contractor. Such action by the City will not relieve the Contractor of the
warranties provided in this Article or elsewhere in the Contract Documents.
3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove
from the Site and replace those portions of the Work which are not in accordance with the
requirements of the Contract Documents in a manner acceptable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement. Director
shall have authority to cause defective work to be remedied, removed or replaced and to
deduct the costs from monies due or to become due to the Contractor.
4. Destruction or Damage. In the event the Contractor destroys or damages any construction
of the City or another contractor while correcting or removing Work which is not in
accordance with the requirements of these Contract Documents, the Contractor shall bear
the cost of repairing or reconstructing that other construction as well.
5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a
period of limitation with respect to other obligations which the Contractor might have under
the Contract Documents. Establishment of the one-year period for correction of Work as
described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to
correct the Work, and has no relationship to the limitations periods established by statute
for any construction defect or other causes of action.
2.16 CLEANING AND ENVIRONMENTAL CONTROLS
The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the
responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following:
A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition;
and Remove waste materials, debris and rubbish from site and dispose off -site legally.
B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and
remediate any sanitary sewer overflow adsing out of the Work. The Contractor shall furnish and operate
a self -loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected
areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's
ARTICLE 2
GC-18
operations. For purposes of this Paragraph, the affected areas include the project Site as well as all
haul routes to and from the project Site and all areas of construction and restoration which have not
been completed.
C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site.
D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that
if introduced to water could be deleterious to aquatic life.
E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or
petroleum products or other organic or earthen material from any construction, or associated activity or
whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runoff into waters of the State. When operations are completed, any excess materials or debris shall
be removed from the Work area.
2.17 WATER POLLUTION CONTROL
A. The Contractor shall comply with the requirements of Vernon Municipal Code Chapter 21, Article
5 regarding Storm Water controls.
B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of
Disturbed Soil.
All construction projects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to
meet the minimum water quality protection requirements as defined in Table 2-1.
ARTICLE 2
GC-19
Table 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category
Minimum Requirements
BMPs
1. Sediment Control
Sediments generated on the project site shall be retained
Sediment Control
using adequate Treatment Control or Structural BMPs.
2. Construction Materials
Construction -related materials, wastes, spills or residues
Site Management;
Control
shall be retained at the project site to avoid discharge to
Material and Waste
streets, drainage facilities, receiving waters, or adjacent
Management
properties by wind or runoff.
Non -storm water runoff from equipment and vehicle washing
and any other activity shall be contained at the project sites.
3. Erosion Control
Erosion from slopes and channels shall be controlled by
Erosion Control
implementing an effective combination of BMPs, such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Please refer to the California Stormwater Quality Association's Construction Handbook (available on their website:
www.cabmohandbooks.com) for further information regarding the BMPs listed in Table 2-1.
C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater)
of Disturbed Soil. In addition to the minimum BMPs required in Paragraph A, all construction projects
where at least one (1) acre of soil will be disturbed, construction activity that results in land surface
disturbances of less than one acre if the activity is part of a larger common plan of development, or the
sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water
General Permit (2009-0009-DWQ Permit).
Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be
submitted electronically in the Storm Water Multi -Application Report Tracking System (SMARTS)
(http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLoain.isp). PRDs consist of the Notice of
Intent, Risk Assessment, Post -Construction Calculations, a Site Map, the Storm Water Pollution
Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP),
and the first annual fee.
See: httD://www.swrcb.ca.aov/water issues/Droarams/stormwater/construction.shtml for more
information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs have
been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued
by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the
Project caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location, period of construction, and a brief description of the project;
2. Contact information for the owner and contractor;
3. The building permit number for the project;
4. The grading permit number for the project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;
6. A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
ARTICLE 2
GC-20
11
E.
7. A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;
8. Non -storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
9. A maintenance and self -inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
10. A certification statement that all required and selected BMPs will be effectively
implemented.
Within seven (7) days after the City awards the Contract, the Contractor shall submit seven 7 copies
of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the
plan. If revisions are required, the Contractor shall revise and re -submit the document within seven (7)
days of its receipt of the City's comments. The City shall then have seven (7) days to consider the
revisions made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative of the Los
Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City.
Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect
the quality of storm water discharge associated with construction activities. The plan will describe
and ensure the implementation of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development,
and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and
construction operations. Copies of the California Stormwater BMP Handbooks may be obtained
from:
California Stormwater Quality Association
P.O. Box 2313
Livermore, CA 94551
www.cabmphandbooks.com
Implementation
Cashier
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
The Contractor will be responsible throughout the duration of the Project for the installation,
monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and
disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a
result of changes in actual field conditions, contractor's activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil -disturbed areas of the project site before the onset of precipitation
and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully
deploy these control measures.
ARTICLE 2
GC-21
Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected
at the end of each day with these control measures unless fair weather is predicted through the
following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted
prior to the end of the following workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.
The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed
by the City, the Contractors responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Work.
Sewage Spill Prevention. The Contractors attention is directed to the sewer bypass operation
required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard
Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently
amended.
The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a
sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an
emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any
fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Contractors expense. The
Contractor shall take all measures necessary to prevent further damage or service interruption and
to contain and clean up the sewage spills.
G. Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to either one of
these two City Departments:
Sewer Maintenance Services
Fire Department Dispatch Center 911
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and Inspectors. However, if these City
representatives are not available, then the Contractor shall immediately call:
H. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occurrence of a spill to the City. This report shall describe all of the following:
The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
ARTICLE 2
GC-22
The cause
5. The type of remedial and/or cleanup measures taken and date and time implemented
6. The corrective and preventive action taken, and
The water body impacted and results of necessary monitoring
Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and
employees harmless from Contractor's failure to comply and/or fulfill the requirements set forth in
this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17.
The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor under this contract
shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor
have been satisfied.
J. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control measures
and shall regularly inspect and maintain the construction site for the BMPs identified in the
SWPPP. The Contractor shall identify corrective actions and time frames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control measures, the
deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to
by Director and if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.
K. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor, materials,
tools, equipment and all incidentals; and for doing all the work involved in installing, constructing,
maintaining, removing, and disposing of control measures, except those that were installed as a
part of another structure, shall be included in the unit prices bid for the various related items of
work and no additional compensation will be made therefor.
2.18 SOLID WASTE DISPOSAL AND DIVERSION
The Contractor shall submit to the Director the following summary of solid waste generated by the Work,
disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill
separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that
specifically identify the project generating the material. Said documents must be from recyclers and/or
disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its supporting
documentation will render the application for progress payment incomplete and delay progress payments.
ARTICLE 2
GC-23
SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Project Title: , Specification No.
Type of Material
(a)
Disposed in Class III Landfills
(b)
Diverted from Class III
Landfills by Recycling
(c)
[Leave This Column Blank]
(d)
Disposed in Inert Fills
TonsICY
Tons/CY
TonsICY
TonsICY
Asphalt
Concrete
Metal
Other Segregated Materials
(Describe):
Miscellaneous Construction
Waste
Total
Form to be submitted to the City
SIGNATURE:
TITLE:
DATE:
2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS
The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City.
Those items should be clearly identified. The City may require further information or documentation to
ascertain the suitability/appropriateness of a proposed product.
[END OF ARTICLE]
ARTICLE 2
GC-24
ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION
3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
A. Notice to Proceed
The Contractor is not authorized to perform any Work the Contract Documents until he/she has
received from the City an official notification to commence Work. The date on which the notification is
received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and
approved, and insurance has been submitted and approved.
B. Prosecution of the Work
Work shall be continued at all times with such force and equipment as will be sufficient to complete it
within the specified time. The Contractor expressly proposes that he/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be performed and that
he/she will complete the Work within the specked time.
C. Required Contract Completion
Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety
and made ready for service within (-1 calendar days following the Date of
Commencement established in the Notice to Proceed ("Contract Time"). By executing the Contract,
Contractor confirms that the Contract Time is a reasonable period for performing the Work.
3.02 CITY S DISCRETION TO EXTEND CONTRACT TIME
In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the
Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number of Working Days.
3.03 SUBSTANTIAL COMPLETION
A. Contractor Request for Inspection and Punch List
When the Contractor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Director a request for
inspection and a comprehensive punch list of items to be completed or corrected prior to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
B. City Inspection
Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether
the Work or designated portion thereof is Substantially Complete. If the inspection discloses any
item, whether or not included on the Contractor's punch list, which is not sufficiently complete in
accordance with the Contract Documents so that the City can occupy or utilize the Work or
ARTICLE 3
GC-25
designated portion thereof for its intended use, the Contractor shall, before City's issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by City. The
Contractor shall then submit a request for another inspection by City to determine Substantial
Completion.
C. Certificate of Substantial Completion
When the Work or designated portion thereof is substantially complete, the Director will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the
Contractor's punch list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work. Contractor shall
deliver to City all warranty and guarantee documents and policies.
3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR
A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the
event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the
extent possible under the terms of the Contract, to offset the delay.
B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable
and not compensable, and the Contractor will not be entitled to any extension of time or to any other
compensation for damages resulting directly or indirectly therefrom.
C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the
Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable
and may entitle the Contractorto an equivalent extension of time, but not to any other compensation.
Excusable but not compensable causes include but are not limited to labor disputes, weather
conditions unfavorable for prosecution of the Work, and force majeure.
D. If any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes of delay specified in this
paragraph.
E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and
the causes thereof within 15 days from the beginning of such delay.
Any claim for an extension of time or for compensation for damages resulting from delay shall be
made in writing to the Director not more than 30 days after the ending of such delay. The Contractor
shall provide a written report evaluating the impact of the delay which shall include, at a minimum,
all of the following:
1. a narrative description of the delay and its impact on the critical path to Substantial Completion of
the Work or a portion of the Work designated by City;
2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay;
ARTICLE 3
GC-26
3. the number of days of extension sought by Contractor as an adjustment to the Contract time;
4. a statement that Contractor has complied with the requirements of the General Conditions for
written notice of delays, along with the dates and copies of such notices;
5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and
6. the Contactors recommendations for reordering or re -sequencing the Work to avoid or minimize
further delay.
No extension of time or compensation for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion of the Work for which a time of completion is specified.
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive.
Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an
extension of time or for damages resulting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto.
When a Contractor experiences two concurrent delays, one compensable and the other excusable,
no compensation other than an extension of time will be allowed.
J. An extension of time must be approved by the Director to be effective, but an extension of time
whether with or without consent of the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge of the Contract.
3.05 CLIMATIC CONDITIONS
A. The Director may suspend the Work whenever weather conditions or conditions resulting from
inclement weather are unfavorable for the prosecution of the Work. The delay caused by such
suspension may entitle the Contractor to an extension of time but not to any other compensation.
B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may
request such suspension. The delay caused by such suspension may entitle the Contractor to an
extension of time but not to any other compensation.
C. No extension of time will be granted for suspension of Work unless the suspension affects the timely
completion of all Work under the Contract or the timely completion of a portion of the Work for which
a time of completion is specified. Determination that the suspension for inclement weather conditions
or conditions resulting from inclement weather affects timely completion and entitles the Contractor
to an extension of time shall be made and agreed to in writing by the Director and the Contractor on
each day that Work is suspended. In the event of failure to agree, the Contractor may protest under
the provisions of Paragraph 7.07.
D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of time for each day that he/she is unable to Work at least
one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time
on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will
ARTICLE 3
GC-27
be entitled to a one day extension of time whether or not conditions change thereafter and the major
portion of the day is suitable for Work.
3.06 COMPLETION AND ACCEPTANCE
A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the
Director's opinion, Final Completion has been achieved, the Director will accept the Work by issuing a
"Notice of Completion" of the Work to the Contractor. Upon the issuance of the Notice of Completion
the Contractor will be relieved from responsibility to protect the Work.
B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of
Completion with the County Recorder.
3.07 LIQUIDATED DAMAGES
A. Contractor and City agree to liquidate damages in the amount of dollars ($_) per day,
with respect to Contractors failure to achieve Substantial Completion of the Work within the Contract
Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set
forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the
liquidated damages are intended to compensate City solely for the Contractors failure to meet the
deadline for Substantial Completion and shall not excuse Contractor from liability from any other
breach, including any failure of the Work to conform to the requirements of the Contract Documents.
B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract
Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day
that Substantial Completion is delayed.
C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completion of the Work.
Contractor and City acknowledge and agree that the amount of such damages are impossible to
ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City's
damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated
damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly
unreasonable under the circumstances existing as of the effective date of this Agreement.
D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress
payments or retainage and that the City will issue a Construction Change Directive and reduce the
Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the
full amount of liquidated damages. Contractor shall pay the difference to City.
[END OF ARTICLE]
ARTICLE 3
GC-28
ARTICLE 4 - CONSTRUCTION SCHEDULES
4.01 BASELINE PROJECT SCHEDULE
The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard -copy format,
to the Director at the pre -construction meeting showing in detail how the Contractor plans to execute and
coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated
time for completion of each segment of work. This schedule must be reviewed and accepted by the Director
before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule
forecasting two (2) weeks of work describing each days work. This schedule shall be updated and submitted to
the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City
Engineer prior to the start of the work.
A. Format
At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis
and by geographic area or location on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Project Schedule shall be based on and
incorporate contract milestone and completion dates specified in the Contract Documents. It shall
depict events, jobs, and their interrelationships and shall recognize the progress that must be made
on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall
include all logical interdependencies and interactions required to perform the Work of the Project.
2. Overall time of completion and time of completion for each milestone shown on the Schedule shall
adhere to the specified Contract Time, unless an earlier (advanced) time of completion is
requested by Contractor, agreed to by the City and formalized by Change Order.
3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by
the parties.
4. The City will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the
proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline
Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If
the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project
Schedule, in accordance with the recommendations of the City, and re -submit same for
acceptance, no later than seven (7) calendar days after receipt of said recommendation.
5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for
accomplishing the Work in accordance with the Contract Documents.
B. Float
Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities are
defined as non -critical Work activities and are considered to have float. Float is defined as the
time that a non -critical Work activity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
available to either party or both parties as needed. Once identified, Contractor shall monitor,
account for, and maintain float in accordance with Critical Path Methodology.
ARTICLE 4
GC-29
2. Delays of any non -critical Work shall not be the basis for an extension of Contract Time until the
delays consume all float associated with that non -critical Work activity and cause the Work activity
to become critical.
3. It is acknowledged that City -caused time savings (i.e., critical path submittal reviews returned in
less time than allowed by the Contract Documents, approval of substitution requests which result
in a savings of time for Contractor, etc.) create shared float. Accordingly, City -caused delays may
be offset by City -caused time savings.
C. Weather (This section applies only to projects of one (1) year duration or longer)
The completion time contemplated by this Contract anticipates lost days (Work Days)
due to normal weather conditions annually and prorated for any duration less than twelve months. Only
unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric
Administration, for the time of year will be considered as justification for an extension of time to complete
the Project, and only after the weather days have been utilized. Annual weather days
are not cumulative, and unused days shall become "float' forthe benefit of the project, and the schedule
adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions
of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of
the commencement of each rain event.
D. Early Completion
While the Contractor may schedule completion of the Project earlier than the date established by the
Contract Documents, no additional compensation shall become due the Contractor for the use of float
time between the Contractor's projected early completion date and the date for Substantial Completion
established by the Contract Documents, unless an earlier (advanced) time of completion is requested
by Contractor, agreed to by the City, and formalized by Change Order.
4.02 SCHEDULE UPDATES
A. With each Application for Payment submitted by Contractor (other than the final Application for
Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, corrective actions taken, or
slippage carry-over, for all anticipated delays or difficulties, and all other information required to
accurately present the actual status of the progress of the Work as of the date of the Application for
Payment. If the Contractor does not submit an updated Project Schedule with an Application for
Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is
submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or
additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and authorized pursuant to Change Order or Work Directive.
B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities)
be removed and/or altered in any way. This historical data is to be preserved within each of the updated
Project Schedules and submitted with the final schedule update to reflect the actual start and finish
dates for each activity within the Schedule.
C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work
ARTICLE 4
GC-30
stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly
indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule
updates are submitted, as required in this Paragraph 4.02 above.
4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES
A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order the
Contractor to take corrective measures to expedite the progress of construction, at no additional cost
to the City, including, without limitation, the following:
1. Working additional shifts of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activities to maximize practical concurrence of accomplishment of activities.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule
and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be
entitled to an adjustment in the Contract Sum in connection with the performance of any such
Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights
furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that
the Contractor's performance of the Work will comply with the Contract Time or interim completion
dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or
commence Extraordinary Measures within ten (10) calendar days of City's written demand, City may,
without prejudice to other remedies, take corrective action at the expense of the Contractor which shall
reduce the Contract Sum accordingly.
4.04 CONDITION OF PAYMENT
Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation,
submission, revising and updating of the Schedule is a condition precedent to City's obligation to make payment
to Contractorof any orall sums that might otherwise be due to Contractor in the absence of such noncompliance.
Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold
payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future
payments on account of such noncompliance or any other noncompliance.
[END OF ARTICLE]
ARTICLE 4
GC-31
5.01
5.02
ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT
TERMINATION BY THE CONTRACTOR
A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence
of one of the following:
1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the
Contractor, any Subcontractor, Sub -subcontractor, their agents or employees, or any other
persons or entities performing portions of the Work under direct or indirect contract with the
Contractor. due to:
a. the issuance of an order of a court or other public authority having jurisdiction; or
b. an act of government, such as a declaration of national emergency making material
unavailable;
and Contractor has given City written notice within ten (10) days of the occurrence of such ground
for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to
City, unless the reason has theretofore been cured, terminate its performance of the Work.
2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor,
any Subcontractor, Sub -subcontractor, their agents or employees, or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, because the
City has persistently failed to perform any material obligation under the Contract Documents and
fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating
the nature of such default.
B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the
City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph
5.04-C below.
TERMINATION BY THE CITY FOR CAUSE
A. Grounds
The City shall have the right to terminate the Contractors performance of the Contract, in whole or in
part, without liability to City if:
1. Contractor fails promptly to begin the Work under the Contract Documents; or
2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or
3. Contractor fails to perform the Work in accordance with the Contract Documents, including
conforming to applicable standards set forth therein in constructing the Project, or refuses to
remove and replace rejected materials or unacceptable Work; or
4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to
termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or
ARTICLE 5
GC-32
5. Contractor fails to resume performance of Work which has been suspended or stopped, within a
reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the
event preventing performance; or
6. Any representation or warranty made by Contractor in the Contract Documents or any certificate,
schedule, instrument, or other document delivered by Contractor pursuant to the Contract
Documents shall have been false or materially misleading when made; or
7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in
accordance with the respective Contract Documents and applicable law; or
8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction; or
9. Contractor is guilty of breach of a provision of the Contract Documents; or
10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and fails to provide City with adequate assurances of Contractors ability to
satisfy its contractual obligations.
A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract.
Upon that person's appointment, City has, at its option and sole discretion, the right to immediately
cancel the Contract and declare it null and void.
B. City's Rights.
When any of the reasons specked in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar
days written notice, terminate Contractor's performance of the Work, in whole or in part, and may:
1. Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon owned by the Contractor;
2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages
or losses incurred by City;
3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the
costs incurred by the City in finishing the Work.
C. Costs
If City's costs to complete and damages incurred due to Contractor's default exceed the unpaid
Contract balance, the Contractor shall pay the difference to the City.
D. Wrongful Termination
If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor
for cause, then said termination shall be deemed converted to a termination for convenience as set
ARTICLE 5
GC-33
forth in Paragraph 5.04 and Contractor's remedy for wrongful termination in such event shall be limited
to the recovery of the payments permitted for termination for convenience as set forth in Paragraph
5.04.
5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract
Documents shall be deleted or performance suspended without electing to terminate the Contractor's
performance under the Contract and without any penalty being incurred by the City.
B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor
shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended
except to the extent such Work has already been performed and is otherwise compensable under the
Contract.
C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor
or others without any penalty to the City.
D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor
with prompt written notice thereof, and the City shall be entitled to take possession of and have as its
property all Record Documents, Accounting Records, and other data prepared by Contractor or its
Subcontractors.
E. Suspension for Convenience.
t. The City may at any time and from time to time, without cause, order the Contractor, in writing, to
suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may
determine. Such order shall be specifically identified as a "Work Suspension Directive" under this
Section.
2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City's expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the
Work Suspension Directive during the period of Work stoppage.
3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor
and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered
by such Work Suspension Directive by issuing a Change Order or Construction Change Directive.
4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustments of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause for which the Contractor is responsible; or
(b) That an equitable adjustment is made or denied under another provision of the Contract.
Suspensions for Cause
City has the authority by written order to suspend the Work, in whole or in part, without liability to City
for Contractor's failure to:
ARTICLE 5
GC-34
1. Correct conditions unsafe for the Project personnel or general public, or
2. Carry out the Contract; or
3. Carry out orders of City.
G. Responsibilities of Contractor During Suspension Periods
During periods that Work is suspended, Contractor shall continue to be responsible for the Work and
shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary
structures, signs or other facilities required to maintain the Project and continue to perform according
to the Contract Documents.
5.04 TERMINATION BY THE CITY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Contractor hereunder, City
may terminate Contractor's performance of the Contract, in whole or in part, at any time, for
convenience upon fifteen (15) calendar days written notice to Contractor.
B. Contractor Actions
Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.
At the election of and as directed by the City, any or all of the subcontracts and purchase orders
entered in to by Contractor prior to the effective date of termination shall be terminated or shall be
assigned to City.
C. Compensation
1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay
the Contractor the following amounts:
a. For Work performed before the effective date of termination, the total (without duplication of
any items) of:
i. The cost of the Work; and
ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be
fair and reasonable. In no event shall Contractor be entitled to recover overhead or
profit on Work not performed.
b. The reasonable costs of settlement of the Work terminated, including:
i. Accounting, clerical, and other expenses reasonably necessary for the preparation
of termination settlement proposals and supporting data, if any; and
ii. Storage, transportation, and other costs reasonably necessary for the preservation,
protection, or disposition of inventory.
2. Such payment shall be Contractors exclusive remedy for termination for convenience and will be
due and payable on the same conditions as set forth for final payment to the extent applicable.
ARTICLE 5
GC-35
Upon receipt of such payment, the Contractor and City shall have no further obligations to each
other except for Contractor's obligations with respect to warranties, representations, indemnity,
maintenance of insurance, and other obligations that survive termination or Final Completion as
provided for herein.
3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs,
or other compensation or payment of any kind or character shall be due or payable for unperformed
Work regardless of the basis of termination and the inclusion of this provision within this
subparagraph shall in no way limit its application to termination under this Paragraph.
4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of
termination for convenience provided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall Contractor be entitled to anticipatory or uneamed profits or consequential
or other damages as a result of a termination or partial termination under this Article 5. The payment
to Contractor determined in accordance with this Article constitutes Contractors exclusive remedy for
a termination hereunder.
5.05 CONTRACTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE
If the City terminates Contractors performance of Work under the Contract, for cause or convenience or if
Contractor terminates a Subcontractor with the City's approval, Contractor shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabilities, as directed by City;
(4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work;
(5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by
Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City's
notice of termination in an organized, usable form, in both hard copy and electronic/digital forn, with all items
properly labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice,
incur no further costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this
Paragraph.
[END OF ARTICLE]
ARTICLE 5
GC-36
ARTICLE 6 -CHANGES
6.01 CITY'S RIGHT TO ORDER CHANGES
The City, without invalidating the Contract, may authorize changes in the Work consisting of additions,
deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if
necessary. All such changes in the Work shall be authorized by Change Order or Construction Change
Directive and Contractor shall perform such changes in the Work according to the applicable requirements
of the Contract Documents.
6.02 APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions of the Contract Documents. The
Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change
Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the
Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in
advance in writing through either a Change Order or Construction Change Directive. A change in the Contract
Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive.
Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City
has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time period provided in the
Contract Documents.
6.03 NOTICE OF SCOPE CHANGE
Contractor shall submit written notice of any change in scope to the Director if, in the Contractor's opinion,
any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation
occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for
which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice
shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar
days after the discovery date of the circumstances of such scope change or other matters. The written notice
shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any,
requested. The mere presentation of such notice shall not establish the existence of any right by Contractor
to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described
herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract
Time on account thereof.
6.04 CHANGE ORDERS
A. Computation
Methods used in determining adjustments to the Contract Sum by Change Order may include those
listed in Paragraph 6.06 below.
B. Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and settlement of all adjustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
ARTICLE 6
GC-37
productivity, differing Site conditions, construction interferences and other extraordinary or
consequential damages (hereinafter called 'Impacts"), including any ripple or cumulative effects of
said Impacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution of any Change Order, Contractor
agrees that the Change Order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising
out of or incidental to the Change Order. No action, conduct, omission, product failure or course of
dealing by the City shall act to waive, modify, change, or alterthe requirement that (i) Change Orders
must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are
the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.
6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions, deletion,
or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment
shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work).
C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the City of the Contractor's agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract Time.
D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the
Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in
Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph
6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent
Construction Change Directive, proceed with the performance of the Work as described in the
Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as
described in the Construction Change Directive shall give the City the right to carry out the Work, as
set forth in Paragraph 2.05.
E. A Construction Change Directive signed by the Contractor indicates the Contractor's agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining
them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
If the Contractor does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the method and the adjustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark -Ups in accordance with
Paragraph 6.06(E) herein.
ARTICLE 6
GC-3B
6.06 PRICING CHANGES IN THE WORK
A. Alternative Methods of Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
following methods:
1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized
and supported by sufficient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark -Ups,
as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms of any provision of the Contract Documents.
2. Unit Prices. By unit prices contained in Contractor's original Bid and incorporated in the Contract
Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise
stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
by the County and Contractor shall be deemed to include and encompass all Allowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for
Allowable Mark -Ups on such Allowable Costs.
4. Deletion of Work. By Unit Prices contained in Contractor's original Bid and incorporated in the
Contract Documents, or by using the Schedule of Values to determine the value of the decrease
of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of
the decrease for the Contractor's saved overhead unless the Schedule of Values allocates
general conditions costs to individual line items, in which case no percentage of the decrease
shall be added. When a change consists of both addition and deletion of Work, the added costs
and deleted costs shall be calculated separately, and then added together, resulting in the net
cost for the change. The Allowable Mark -Up shall be applied to this net cost.
B. Contractor Maintenance of Daily Records for Changes
In the event that Contractor is directed to perform any Extra Work, or should Contractor
encounter conditions which the Contractor believes would obligate the City to adjust the Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily report supplemented by back-up records. Such
records shall include without limitation:
a. Labor. At the close of each day on which such Extra Work is performed, Contractor
shall submit an Extra Work labor report, on forms provided by Director, to Director that
sets forth a list of the actual hours spent in performing the Extra Work, that clearly
differentiates between the labor expended on the Extra Work and other Work, and the
Allowable Costs for such Extra Work performed that day showing the names of
workers, their classifications, hours worked and hourly rates.
b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed
in the performance of the Extra Work on the day on which such Extra Work is
performed, together with copies of applicable delivery tickets and unit prices for all
materials and for all equipment used the type of equipment, identification number,
ARTICLE 6
GC-39
hours of operation (including loading and transportation) and hourly/daily rates involved
for that day.
C. Other Services or Expenditures. A list of other services and expenditures constituting
Allowable Costs incurred in performance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.
2. In the event that more than one change to the Work is performed by the Contractor in a calendar
day, Contractor shall maintain separate records of labor, construction equipment, materials, and
equipment for each such change. In the event that any Subcontractor of any tier shall provide
or perform any portion of any change to the Work, Contractor shall require that each such
Subcontractor maintain records in accordance with this Section.
3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contractor's representation and warranty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All records maintained
by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by
such Subcontractors authorized project manager or superintendent.
All such records shall be forwarded to the Director on the day the Work is performed (same day)
for independent verification. The Director shall attempt to review and reconcile costs for
changes on a daily basis. Records not available on the day on which the Extra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of the particular item of Extra Work at the Site.
4. The Director may additionally require authentication of all time and material tickets and invoices
by persons designated by the Director for such purpose. In the event that Contractor shall fail
or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account
of any change to the Work may be deemed waived for that day. Contractor's obligation to
maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor
obligation under the Contract Documents with respect to changes to the Work.
5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that
day. The failure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non -authenticated ticket or invoice.
C. Allowable Costs
The term "Allowable Costs" shall mean in the case of Extra Work actual costs incurred by Contractor
and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the
Extra Work, or in the case of deleted work the actual costs that would have been incurred in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:
ARTICLE 6
GC40
Labor. Straight -time wages or salaries, and overtime wages and salaries specifically authorized
by City in writing, for employees employed at the site, or at fabrication sites off the site, in the
direct performance of the Extra Work or that would have been incurred in the direct performance
of the deleted work, based on the actual cost for wages prevailing locally for each craft or type
of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor
costs for equipment operators and helpers shall be reported only when such costs are not
included in the invoice for equipment rental. The use of labor classification which would increase
the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.
2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benefits required by lawful collective bargaining agreements for employees on straight -time
wages or salaries, and on overtime wages and salaries specifically authorized by City in writing,
for employees employed at the site, or at fabrication sites off the site, in the direct performance
of the Extra Work or that would have been incurred in the direct performance of the deleted
work.
3. Materials, Consumables. Costs of materials and consumable items which are furnished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleted work shall be at the lowest price available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If
City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to
furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar materials
are available in the quantities required at the time they were needed. The City reserves the right
to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or
profits on materials so furnished. Material invoices must be included with the extra work report
to obtain payment.
4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph
5.04-C.3 above.
5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
performance of the Extra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published 'Rental Rate Blue Book for Construction Equipment"
or the "Rental Rate Blue Book for Older Construction Equipment," as published by K-111, San
Jose, California, which is in effect at the time of commencement of the changed work. The
Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph
6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use
of equipment or tools which have a replacement value of $500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary
attachments, loading, transportation, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E
below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment
if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and,
when not in use, could be returned to its rental source at less expense to City than holding it at
the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City.
ARTICLE 6
GC-41
Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for
non -Working Days shall not be allowed. The rental time shall include the time required to move
the equipment to the Work from the nearest available source for rental of such equipment and
to return it to the source. If such equipment is not moved by its own power, then loading and
transportation will be allowed. Neither moving time nor loading and transportation costs will be
paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall
be acceptable to City, in good working condition, and suitable for the purpose for which it is to
be used.
6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or
deleted work.
7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that
for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above.
D. Costs Not Allowed
Allowable Costs shall not include any of the following:
1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non -
craft labor (above a Foreman level);
2. Overhead (including home office overhead), administrative or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection
with Extra Work;
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Small tools (replacement value not exceeding $500);
5. Office expenses, including secretarial and administrative staff, materials and supplies;
6. On -site and off -site trailer and storage rental and expenses;
7. Site fencing;
8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state of local business income and franchise taxes;
11. Losses of efficiency or productivity; and
12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph
6.06-C.
ARTICLE 6
GC-42
E. Allowable Mark -Up (Staff to Determine one of the following 2 options for Allowable Mark Up)
[OPTION #1]
i. If the Net Cost of Extra Work is less than or equal to $25,000, the Allowable Mark -Up shall be
computed as follows:
(a) For Extra Work performed directly by the Contractors forces, the added cost for all expenses
of overhead, profit, bond and insurance ("Allowable Mark -Up") shall not exceed fifteen percent
(15%) of the net cost of the Extra Work.
(b) For Extra Work performed by a Subcontractor, the added cost of combined expenses,
Allowable Mark -Up for Contractor and all Subcontractor(s) shall not exceed twenty (20%) of
the net cost of all Subcontractor(s)'s Extra Work.
2. If the net cost of Extra Work is greater than $25,000 and less than or equal to $100,000, the
Allowable Mark-up shall be computed as follows:
(a) For Extra Work performed directly by the Contractors forces the added cost for Allowable
Mark -Up shall not exceed twelve (12%) of the net cost of the Extra Work.
(b) For Extra Work performed by a Subcontractor, the added cost of combined expenses for
Allowable Mark -Up for Contractor and all Subcontractor(s) shall not exceed seventeen (17%)
of the net cost of all Subcontractor(s)'s Extra Work.
3. If the net cost of Extra Work is greater than $100,000, the Allowable Mark-up shall be computed
as follows:
[Option # 2]
(a) For Extra Work performed directly by the Contractors forces the added cost for Allowable
Mark -Up shall not exceed ten percent (10%) of the net cost of the Extra Work.
(b) For Extra Work performed by a Subcontractor, the added cost of combined expenses for
Allowable Mark -Up for Contractor and all Subcontractor(s) shall not exceed fifteen (15%) of
the net cost of all Subcontractor(s)'s Extra Work.
Extra Work by contractor (Markup): The following percentages shall be added to the Contractors
costs and shall constitute the markup for all overhead and profits:
Labor 33%
Materials 15%
Equipment Rental 15%
Other Items and Expenditures 15%
2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the
Subcontractors actual costs. A markup of 5% on the subcontracted portion of each extra work
may be added for the Contractor.
ARTICLE 6
GC-43
F. Net Allowable Costs
If anyone scope change involves both Extra Work and deleted work in the same portion of the Work
and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on
the Extra Work will be only the difference between the two amounts.
6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST
City may issue a Construction Change Directive or other written request to Contractor describing a proposed
change to the Work and requesting the Contractor submit an itemized change order proposal in a format
acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order
proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods
to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written
change order proposal within such period of time, it shall be presumed that the change described in the City's
original proposal request will not result in an increase to the Contract Sum or Contract Time and the change
shall be performed by Contractor without additional compensation to Contractor. City's request for itemized
change order proposal request does not authorize the Contractor to commence performance of the change.
If City desires that the proposed change be performed, the Work shall be authorized according to the Change
Order or Construction Change Directive procedures set forth herein.
6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR)
If the Contractor believes that instructions issued by the City after the effective date of the Contract will result
in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need
for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR")
to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other
requirements of Article 7 below for Claims. The CDR must specify the reasons for the proposed change, cost
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in its description of the Work, its material and labor quantities and detail, and must support and
justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required
to support and justify any additional time of performance requested by the Contractor. The City will not review
any COR which is incomplete. The Contractor may request additional compensation and/or time through a
CDR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's
failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to
substantiate the CDR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any CDR that is
approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the CDR
is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed
Work and may submit a Claim in accordance with the procedures set forth herein.
6.09 ISSUANCE OF WORK DIRECTIVE (UNILATERAL).
In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall
maintain and submit to City all accounting and cost data necessary to substantiate Contractor's cost of such
disputed Work.
[END OF ARTICLE]
ARTICLE 6
GC44
ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS
7.01 GENERAL
A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided
in the General Conditions.
B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values,
the Construction Progress Schedule, and the Schedule of Submittals.
C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision
of the Construction Progress Schedule.
7.02 SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upon City's request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.
In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the
Notice of Award of the Construction Contract a Final Schedule of Values giving a complete
breakdown of the Contract Sum for each component of the Work.
B. Content
The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the performance of the Work. Unless otherwise
specified in the Contract Documents, the Schedule of Values shall include, without limitation, a
breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency,
and a further breakdown of the general categories of Subcontractor work into separate trade line
items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor
contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall
revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency
among the individual line items for trade portions of the Work. No amounts shall be reflected in the
Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change
Order has not been executed by Contractor and City or for which a Construction Change Directive
has not been issued by City. Amounts that have been mutually agreed to by Change Order or
unilaterally determined by City pursuantto a Construction Change Directive shall be segregated from
the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The
Schedule of Values must be prepared in sufficient detail and supported by sufficient data to
substantiate its accuracy as the Director may require.
C. Applications for Payment
The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's
Applications for Payment and may be considered as fixing a basis for adjustments to the Contract
Sum.
ARTICLE 7
GC-45
D. Revisions
If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a
manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred
by Contractor, it shall be revised and resubmitted for the Director's approval.
7.03 APPLICATIONS FOR PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment
meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to
show the percentage of completion certified by Contractor for each line item in the Schedule of
Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D,
below and any withholdings from Contractor proposed by Director.
B. Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet with the
Director on or before the twentieth (20th) day of each month to review the Contractor's marked
Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise
as appropriate and sign the marked Schedule of Values to verify such review. If any item in the
marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees
to use its best efforts to resolve the disputed items with the Director before submitting its Application
for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be
established at such percentage as the Director, in good faith, determines is appropriate to the actual
progress of the Work. No inaccuracy or error in the Director's good faith estimate shall operate to
release Contractor or Surety from any responsibility or liability arising from or related to performance
of the Work. The Director shall have the right subsequently to correct any error and dispute any item
submitted in Contractor's Application for Payment, regardless of whether an item was identified as
disputed in the review process provided for herein.
C. Certification
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to
City that:
1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Contractor's knowledge, information and belief, the Work is in accordance with the
Contract Documents;
3. Contractor is entitled to payment in the amount certified; and
4. all sums previously applied for by Contractor on account of Work performed by Subcontractors
and that have been paid by City have been paid to the Subcontractors performing such Work,
without any retention, withholding or backcharge by Contractor.
ARTICLE 7
GCA6
7.04
D. Stored Materials
Payments may be made by City, at its discretion, on account of materials or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor
or stored off -Site under the control of City. Such payments shall only be considered upon submission
by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment
will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and
that such other procedures are in place satisfactory to City to protect City's interests. To be
considered for payment, materials or equipment stored off -Site shall, in addition to the above
requirements and unless otherwise specifically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection. City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time.
A. Conditions to Progress Payments
Contractor shall submit its Application for Payment to the Director, using such forms as required by
City, once a month on or before the first (1st) Day of the month following the month in which the
Work that is the subject of such Application for Payment was performed. Without limitation to any
other provisions of the Contract Documents, the following shall be conditions precedent to a proper
submission and to the Director approval of each Application for Payment:
1. submission of a Schedule of Values that reflects the percentages of completion either agreed to
or determined by Director in accordance with Paragraph 7.03-13, above;
2. submission of the Contractor's certification required by Paragraph 7.03-C, above;
3. submission of conditional releases of stop notice, if any, and bond rights upon progress
payment, complying with California Civil Code Section 8132, for all Work performed during the
time period covered by the current Application for Payment, signed by Contractor, its
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with California Civil
Code Section 8134 for all Work performed during the time period covered by the previous
Application for Payment, signed by Contractor, its Subcontractors of every tier and all material
suppliers to each;
4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Contract Documents;
5. compliance by Contractor with its obligation for submission of monthly and daily reports as
required by the Contract Documents;
6. compliance by Contractor with its obligations for submission of scheduling information and
updating of the Construction Schedule as required by Article 4, above and other provisions of
the Contract Documents pertaining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Contract Documents;
ARTICLE 7
GC-47
8. submission of certifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreements certifying that all employee benefit contributions due and
owing pursuant to any applicable collective bargaining agreement have been paid in full; and
9. compliance by Contractor with all of its other obligations for submission of documentation or
performance of conditions which, by the terms of the Contract Documents, constitute conditions
to Contractor's right to receive payment for Work performed.
B. Payments by City
Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of
undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly
submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value
determined pursuant to Paragraph 7.03-B above of the following:
1. the portion of the Work permanently installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D,above,
3. less, the aggregate of previous payments, and
4. less, any other withholdings authorized by the Contract Documents
C. Rejection by City
Any Application for Payment determined not to be undisputed, proper and suitable for payment shall
be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why the payment request was rejected.
Failure by City or Director to either timely reject an Application for Payment or specify any grounds
for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are
rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor.
D. Interest
If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California
Code of Civil Procedure Section 685.010. The number of Days available to City to make payment
pursuant to Paragraph 7.04-13, above without incurring interest pursuant to this Paragraph shall be
reduced by the number of Days by which City exceeds the seven (7) Day return requirement
applicable to City as set forth in Paragraph 7.04-C, above.
7.05 FINAL PAYMENT
A. Retention
In addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-13 from each progress payment ('Retention") and retained until such time as it is due
as described herein. A higher Retention amount may be approved by the City Council where project
is deemed "substantially complex" by City Council. (Note to Staff: Public Contract Code
§7201(b)(1), 9203:To qualify for higher retention than 5%, the Council must determine the
ARTICLE 7
GC48
project to be substantially complex, when the project goes before the City Council to approve
the plans and specifications, and authorizes the City Clerk to advertise for bids. The City
Council resolution will need to include "findings" (factual statements) that (1) the project is
"substantially complex," and (2) the reasons why it is "substantially complex." The bid
documents must also contain the Council findings)
B. Conditions to Final Payment
Contractor shall submit its Application for Final Payment, using such forms as required by Director,
prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such
Application for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or funds might be liable have been paid or
otherwise satisfied;
2. Contractor's certification as required by Paragraph 7.03-C, above;
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil
Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material
suppliers of each, covering the final payment period;
6. Unconditional Waiver and Release Upon Progress Payment in the form required by California
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all
material suppliers of each, covering the previous payment period;
7. all Record Documents (including, without limitation, complete and accurate As -Built drawings
which shall be kept up to date during the performance of the Work);
8. documentation that Contractor has inspected, tested, and adjusted performance if every system
or facility of the Work to ensure that overall performance is in compliance with the terms of the
Contract Documents;
9. four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance
manuals, instructions and related agreements, and equipment certifications and similar
documents;
10. certifications by Contractor and each Subcontractor as required by applicable collective
bargaining agreements that all employee benefit contributions due and owing pursuant to any
applicable collective bargaining agreement have been paid in full;
11. releases of rights and claims relating to patents and trademarks, as required by the Contract
Documents; and
12. any other documents or information required by the Contract Documents as a condition of Final
Payment or Final Completion.
ARTICLE 7
GC-49
C. Final Payment
Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice
of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor,
subject to the City's right to withhold 150% of any disputed amounts.
D. Disputed Amounts
Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threatened as a result
of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by
Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its
sole discretion, to accept the Work without correction or completion and adjust the Contract Sum
pursuant to the Contract Documents.
E. Acceptance of Final Payment
Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor
against City for recovery of any loss, excepting only those Claims that have been submitted by
Contractor in the manner required by the Contract Documents prior to or at the time of the Final
Payment.
7.06 MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made
payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement of funds included as part of any such joint payment.
Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of
payment by such payee. In no event shall any joint check payment be construed to create any
contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor
or any third party rights against City or Director.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention of any payment. The partial payment, withholding or
retention by City in good .faith of any disputed portion of a payment, whether ultimately determined
to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time.
C. No Acceptance
No payment by City or partial or entire use of the Work by City shall be construed as approval or
acceptance of the Work, or any portion thereof.
ARTICLE 7
GC-50
D. Contractor Payment Warranty
Submission of an Application for Payment shall constitute a representation and warranty by
Contractor that:
1. Tile to Work covered by an Application for Payment will pass to City either by incorporation into
the construction or upon receipt of payment by Contractor, whichever occurs first; and
2. Work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Contractor or any other person.
E. Corrections
No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release
Contractor from the error, or from losses arising from the Work, or from any obligation imposed by
the Contract Documents. City retains the right to subsequently correct any error made in any
previously approved Application for Payment, or progress payment issued, by adjustments to
subsequent payments.
7.07 PAYMENTS BY CONTRACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion
of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor
shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account
of such Subcontractors portion of the Work, the amount to which said Subcontractor is entitled in accordance
with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public
Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City
pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all
Subcontractors who have performed Work that is included in Contractors Application for Payment. Contractor
shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and
material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for
payment to a Subcontractor of any tier or material supplier.
7.08 PAYMENTS WITHHELD
A. Withholding by City
In addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
following:
Third Party Claims. Third -party claims or stop notices filed or reasonable evidence indicating
probable filing of such claims or stop notices. City shall promptly inform Contractor of any third
party claims related to this Contract; [NOTE: PUBLIC ENTITIES ARE REQUIRED TO INCLUDE
PROVISIONS IN PUBLIC WORKS CONTRACTS FOR TIMELY NOTIFICATION TO THE
CONTRACTOR OF THE RECEIPT OF ANY THIRD PARTY CLAIM RELATED TO THE
CONTRACT, PC C §9201(b).
2. Defective Work. Defective Work not remedied;
ARTICLE 7
GC51
3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services,
labor, materials or equipment;
4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid
balance of the Contract Sum or within the Contract Time;
5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with
applicable laws or lawful orders of governmental authorities;
6. Penalty. Any claim or penalty asserted against City by virtue of Contractor's failure to comply
with applicable laws or lawful orders of governmental authorities (including, without limitation
labor laws);
7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing
to meet the Construction Schedule or failing to perform within the Contract Time;
8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding
offset or set off or that would legally entitle City to a set-off or recoupment;
9. Consultant Services. Additional professional, consultant or inspection services required due to
Contractor's failure to comply with the Contract Documents.
10. Liquidated Damages. Liquidated damages assessed against Contractor
11. Materials. Materials ordered by City pursuant to the Contract Documents.
12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any
other person or entity under contract to City.
13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract
Documents.
14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee
benefits funds pursuant to any applicable collective bargaining agreement or trust agreement.
15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient
documentation required by the Contract Documents, including, without limitation, Construction
Schedule updates, 'look ahead' schedules, Submittals, Schedules of Values, information on
Subcontractors, Change Orders, certifications and other required reports or documentation.
16. Other Breach. A breach of any obligation or provision of the Contract Documents.
B. Release of Withholding
If and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then
payment shall be made for amounts withheld because of them.
C. Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or
threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be
ARTICLE 7
GC-52
7.09
made without a prior judicial determination of City's actual rights with respect to such loss. Contractor
agrees and hereby designates City as its agent for such purposes, and agrees that such payments
shall be considered as payments made under Construction Contract by City to Contractor. City shall
not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an
accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city
may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the
Contract Documents.
D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall
maintain continuous and uninterrupted performance of the Work during the pendency of any disputes
or disagreements with City.
A. Public Contract Code
Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor's
request, City will make payment to Contractor of any funds withheld from payments to ensure
performance under the Contract Documents if Contractor deposits with City, or in escrow with a
California or federally chartered bank in California acceptable to City ("Escrow Agent"), securities
eligible for the investment of State Funds under Government Code Section 16430, or bank or savings
and loan certificates of deposit, interest -bearing demand deposit accounts, standby letters of credit, or
any other security mutually agreed to by the Contractor and the City, upon the following conditions:
Contractor shall be the beneficial owner or any securities substituted for monies withheld for the
purpose of receiving any interest thereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section 22300
and under this Paragraph 7.04, including, but not limited to City's overhead and administrative
expenses, and expenses of Escrow Agent shall be the responsibility of Contractor.
3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least
equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract
Documents.
4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent,
Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow
agreement, using the City's form, "Escrow Agreement for Deposit of Securities in Lieu of
Retention:'
5. Contactor shall obtain the written consent of Surety to such agreement.
6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the
Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to
ARTICLE 7
GC-53
be withheld. Should the current market value of such substituted security fall below the amount for
which it was substituted, or any other amounts which the City withholds pursuant to the Contract
Documents, Contractor shall immediately and at Contractors expense and at no cost to City deposit
additional security qualifying under Public Contract Code Section 22300 until the current market value
of the total security deposited is no less than the amount subject to withholding under the Contract
Documents. Securities shall be valued as often as conditions of the securities market warrant, but in
no case less frequently than once per month.
C. Deposit of Retentions
Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At
the expense of Contractor and at no cost to City, Contractor may direct the investment of the
payments into securities and interest bearing accounts, and Contractor shall receive the interest
earned on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of
the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents.
D. Time for Election of Substitution of Securities
Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section
22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld
by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of
all such rights.
7.10 CLAIMS
A. Arising of Claim.
1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a "claim" will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the Contractors Change
Order Request.
2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become final, the
Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the
Claim within three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its
probable effect, if any with respect to Contractors entitlement to an adjustment of the Contract
Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For
purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been
given by Contractor shall be deemed to arise on the date that such written notice is received by
City.
ARTICLE 7
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B. Content of Claim
A Claim by Contractor must include all of the following:
1. A statement that it is a Claim and a request for a decision on the Claim;
2. A detailed description of the act, error, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time
due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;
4. A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form' required for submittal of Change Order Requests and
actual job cost records demonstrating that the costs have been incurred;
5. If the Claim involves a request for adjustment of the Contract Time, written documentation
demonstrating that Contractor has complied with the requirements of the Contract Documents
and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating
that Contractor is entitled to an extension of time under the Contract Documents; and
6. A written certification signed by a managing officer of Contractor's organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has personally
investigated and confirmed the truth and accuracy of the matters set forth in such certification,
in the'following form:
"I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and
that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of
(Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry
into the facts of the Claim, the following statements are true and correct:
The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know of any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the Claim
materially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job cost records (including those maintained
by Contractor and by any Subcontractor, of any tier, that is asserting all or any
portion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact suffered
in the amounts and for the reasons alleged in the Claim; and,
ARTICLE 7
GC55
(c) I have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and
confirmed on an event -by -event basis that the delays or disruption suffered by
Contractor and/or such Subcontractor were in fact experienced for the durations,
in the manner, and with the consequent effects on the time and/or sequence of
performance of the Work, as alleged in the Claim; and,
(d) I have not received payment from City for, nor has Contractor previously released
City from, any portion of the Claim."
Signature: Date:
Name:
Title:
Company
C. Noncompliance
Failure to submit any of the information, documentation or certifications required by Paragraph 7.10-
B, above, shall result in the Claim being returned to Contractor without any decision.
D. Submission of Claims
1. Director. Claims shall be first submitted to the City for decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute
regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop
performance of the Work, but shall diligently proceed with performance in accordance with the
Contract Documents and City will continue, to make undisputed payments as by the Contract
Documents.
3. Time for Filing. All Claims and supporting documentation and certifications must be filed within
thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with
the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to
Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect
to such Claim.
E. Response to Claims, Meet and Confer
Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
within forty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within fifteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Contractor in producing
the additional information or documentation, whichever is greater.
ARTICLE 7
GC-56
2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within
(60) days of receipt of the Claim, unless City requests additional information or documentation
of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to
the Claim within thirty (30) days after receipt of the further information or documentation or within
a period of time no greater than that taken by Contractor in producing the additional information
or documentation, whichever is greater.
3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify
City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City's
response due date in the event of a failure to respond, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule
a meet and confer conference within thirty (30) days of such demand, for discussion of
settlement of the dispute.
Finality of Decision
If Contractor disputes the Directors decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of
Dispute within seven (7) days after receipt of the Director's response.
G. Continuing Contract Performance/Duty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with
performance of the Contract and the City shall continue to make payments for undisputed Work in
accordance with the Contract Documents. In the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the
dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work.
[END OF ARTICLE]
ARTICLE 7
GC-57
ARTICLE 8 - MATERIALS AND EQUIPMENT
8.01 GENERAL
A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations
required under the terms of this Contract, except those materials and equipment specified to be
furnished by the City.
B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and
used in the work are in compliance with the Specifications. Materials and equipment incorporated in
the Work and not specifically covered in the Specifications shall be the best of their kind. Unless
otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be
new.
8.02 QUALITY AND WORKMANSHIP
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and
imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the specified quality and equal to approved samples,
if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner,
notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to
call attention to apparent errors or omissions and request instructions before proceeding with the Work. The
Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding
upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under
the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment
furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance
with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials
and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be
immediately removed from the vicinity of the Work.
8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the product is
designated to match others in use on a particular improvement either completed or in the course of completion,
the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on
approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City.
8.04 APPROVAL OF MATERIALS
A. The Contractor shall furnish without additional cost to the City such quantities of construction materials
as may be required by the Director for test purposes. He/she shall place at the Director's disposal all
available facilities for and cooperate with him in the sampling and testing of all materials and
workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be
submitted with the bids unless otherwise specified.
B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples
shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the material represented, its place of origin, the names of the producer and
ARTICLE 8
GC58
the Contractor, the Specifications number and title, and a reference to the applicable Drawings and
Specifications paragraphs.
C. Materials or equipment of which samples are required shall not be used on the Work until approval has
been given by the Director in writing. Approval of any sample shall be only for the characteristics of the
uses named in such approval and no other. No approval of a sample shall be taken in itself to change
or modify any Contract requirement.
D. Failure of any material to pass the specified tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under this Contract, any further sample of the same brand or
make of that material.
8.05 ORDERING MATERIALS AND EQUIPMENT
One copy of each of the Contractors purchase orders for materials and equipment forming a portion of the Work
must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the
materials and equipment included in the order are subject to inspection by the City. Materials and equipment
purchased locally will, at the City's discretion, be inspected at the point of manufacture or supply, and materials
and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except
when other inspection requirements are provided for specific materials in other sections of the Contract
Documents.
8.06 AUTHORITY OF THE DIRECTOR
A. On all questions concerning the acceptability of materials or machinery, the classification of materials,
the execution of the Work, and conflicting interests of Contractors performing related work, the decision
of the Director shall be final and binding.
B. The Director will make periodic observations of materials and completed work to observe their
compliance with Drawings, Specifications, and design and planning concepts, but he/she is not
responsible for the superintendence of construction processes, site conditions, operations, equipment,
personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work.
8.07 INSPECTION
8.08
All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall
furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining
them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have
access to all parts of the shop and the works where such materials under his/her inspection is being
manufactured or the work performed. Work or material that does not conform to the Specifications, although
accepted through oversight, may be rejected at any stage of the Work. Wheneverthe Contractor is permitted or
directed to do night work or to vary the period during which work is carried on each day, he/she shall give the
Director due notice, so that inspection may be provided. Such work shall be done under regulations to be
furnished in writing by the Director.
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in the execution of the Work or included in the
materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents,
ARTICLE 8
GC-59
servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the
Contractor shall promptly substitute other inventions, processes,. equipment, articles, materials, supplies, or
appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all
respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied,
and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may
by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay
such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers,
agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials,
supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on
account thereof. Should the Contractor neglector refuse promptly to make the substitution hereinbefore required,
or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid,
then in that event the Director shall have the right to make such substitution, or the City may pay such royalties
and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or
recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract
may have been made.
[END OF ARTICLE]
ARTICLE 8
GC-60
ARTICLE 9 - SUBMITTALS
9.01 GENERAL
A. The Contractor shall submit samples, drawings, and data forthe Director's approval which demonstrate
fully that the construction, and the materials and equipment to be furnished will comply with the
provisions and intent of the Drawings and Specifications.
B. Specific items to be covered by the submittals shall include, as a minimum, the following:
1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated
specials and furnish any other details necessary. Show location of shop and field welds.
3. For equipment which requires electrical service, submit detailed information to show power
supply requirements, wiring diagrams, control and protection schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufacturer's
recommendation of the interface/interlock among the equipment.
4. For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacturer's recommended installation
procedure, detailed installation drawings, test data and curves, maintenance manuals, and
other details necessary.
5. Samples
6. Colors
Substitutions
8. Manuals
9. As -built drawings
10. Safety plans required by Article 10
9.02 PRODUCT HANDLING
A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the
provisions of this Article.
B. Submit priority of processing when appropriate.
9.03 SCHEDULE OF SUBMITTALS
A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be
in the form of a submittal log. Refer to Paragraph 9.12.
ARTICLE 9
GC-61
9.04 SHOP DRAWINGS
A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the
item and its method of connection to the Work.
B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of
City/Contract Drawings are not acceptable.
C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand comer of
each drawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Height X Width
11" X 81/2"
11" X 17"
24" X 36"
30" X 42"
9.05 COLORS
Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to
the Director for his/her review and selection whenever a choice of color or pattern is available in a specified
product. Label each chart naming the source, the proposed location of use on the project, and the project.
9.06 MANUFACTURERS' LITERATURE
9.07
Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly
show which portions of the contents are being submitted for review.
A. The Contract is based on the materials, equipment, and methods described in the Contract Documents.
Any Contractor proposed substitutions are subject to the Director's approval.
The Director will consider proposals for substitution of materials, equipment, and methods only when
such proposals are accompanied by full and complete technical data, and all other information,
including life cycle maintenance data, required by the Director to evaluate the proposed substitution.
B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from
the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered.
C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03.
9.08 MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals
shall be submitted in electronic format. Manuals shall contain at least the following:
1. Identification on, or readable through, the front cover stating general nature of the manual.
ARTICLE 9
GC-62
2. Nea0y typewritten index near the front of the manual, furnishing immediate information as to
location in the manual of all emergency data regarding the installation.
3. Complete instructions regarding operation and maintenance of all equipment involved.
4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name
and address of nearest vendor of parts.
5. Copy of all guarantees and warranties issued.
6. Copy of drawings with all data concerning changes made during construction.
B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items
included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which
this installation is not concerned.
9.09 AS -BUILT DRAWINGS
A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the
City one complete set of final As -Built hard copy drawings together with a set of AutoCAD drawing files
in electronic format showing completed building, "as -built" for City records before the Contract will be
accepted by the City.
B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They
shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm).
C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number,
letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the
drawing.
9.10 SUBMITTALS QUANTITIES
A. Submit seven (7) copies of all data and drawings unless specified otherwise.
B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be
retained by the Director.
9.11 IDENTIFICATION OF SUBMITTALS
Completely identify each submittal and re -submittal by showing at least the following information:
A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for further information.
B. Name of project as it appears in the Contract Documents and Specification No.
C. Drawing number and Specifications section number other than this section to which the submittal
applies.
D. Whether this is an original submittal or re -submittal.
E. For samples, indicate the source of the sample.
ARTICLE 9
GC-63
9.12 SCHEDULE OF SUBMITTALS
A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to
Proceed.
B. Submit revised schedule of submittals within five (5) Working Days after date of request from the
Director.
C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable
or not acceptable within five (5) Working Days after receipt.
9.13 COORDINATION OF SUBMITTALS
9.14
A. Prior to submittal for the Director's review, use all means necessary to fully coordinate all material,
including the following procedures:
1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as required with all trades and with all public agencies involved.
3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Clearly indicate all deviations from the Specifications.
B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all
associated items; the Director may reject partial submittals as not complying with the provisions of the
Specifications.
A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time
for reviews, for securing necessary approvals, for possible revision and re -submittal, and for placing
orders and securing delivery.
B. In scheduling, allow at least 15 Working Days for the Director's review, plus the transit time to and from
the City office.
C. Manuals shall be submitted prior to performing functional tests.
9.15 APPROVAL BY CITY
A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments,
and as -built drawings will be returned to the Contractor marked "No Exceptions Taken," "Make
Corrections Noted - Do Not Resubmit," or "Make Corrections Noted - Resubmit" Manuals, schedule of
costs, and as -built drawings will be returned for re -submittal if incomplete or unacceptable.
B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.
C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory.
ARTICLE 9
GC-64
D. Resubmit revised drawings or data as indicated, in five (5) copies.
E. Approval of each submittal by the Director will be general only and shall not be construed as:
1. Permitting any departures from the Specifications requirements.
2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions,
or of other nature that may exist.
3. Approving departures from additional details or instructions previously furnished by the Director.
9.16 CHANGES TO APPROVED SUBMITTALS
A. A re -submittal is required for any proposed change to an approved submittal. Changes which require
re -submittal include, but are not necessarily limited to, drawing revisions, changes in materials and
equipment, installation procedures and test data. All re -submittals shall include an explanation of the
necessity for the change.
B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy".
[END OF ARTICLE]
ARTICLE 9
GC-65
ARTICLE 10 - SAFETY
10.01 PROTECTION OF PERSONS AND PROPERTY
A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the
Contractor shall be solely and completely responsible for conditions of the job site, including safety of
all persons and property, during performance of the Work. This requirement will apply continuously and
will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable
Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of
these are in conflict, the more stringent requirement shall be followed.
B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the
entire construction period.
C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations
warrant to protect the public from danger, loss of life, loss of property or interruption of public services.
Unforeseen conditions may arise which will require that immediate provisions be made to protect the
public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract. Whenever, in the opinion of the Director, a condition exists which the
Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of
adjacent structures or property, the Director will order the Contractor to provide a remedy for the
condition. If the Contractor fails to act on the situation within a reasonable time period as determined
by the Director, or in the event of an emergency situation, the Director may provide suitable protection
by causing such work to be done and material to be furnished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and expense of all repairs (including labor and materials)
as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for
emergency repairs will be deducted from the final payment due to the Contractor.
10.02 PROTECTION FROM HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received
approval from the Director of the Contractor's detailed plan for worker protection from the hazards of
caving ground during the excavation of such trench. Such plan shall show the details of the design of
shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.
No such plan shall allow the use of shoring, sloping or protective system less effective than that required
by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan
varies from the shoring system standards established by the Construction Safety Orders, the plan shall
be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State
of California.
B. Confined Spaces
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California
Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received
approval from the Director of the Contractor's program for confined space entry. Confined space means
a space that (1) Is large enough and so configured that an employee can bodily enter and perform
assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3)
ARTICLE 10
GC-66
Is not designed for continuous employee occupancy. Failure to submit a confined space entry program
may result in actions as provided in Article 5: "Suspension or Termination of Contract."
C. Material Safety Data Sheet
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California
Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS)
for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials
to the job site or use of such materials at a manufacturing plant where the Director is to perform an
inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with
the sample(s). Hazardous substance is defined as any substance included in the list (Director's List)
of hazardous substances prepared by the Director, California Department of Industrial Relations,
pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may
result in actions as provided in Article 5, "Suspension or Termination of Contract".
10.03 DIFFERING SITE CONDITIONS
A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are
disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are
those conditions, located at the project site or in existing improvements and not otherwise ascertainable
by Contractor through the exercise of due diligence in the performance of its inspection obligations in
the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that
extend deeper than four feet below the surface of the ground that constitute:
1. Material that the Contractor believes may be material that is hazardous waste as defined in Section
25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or
Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing materially from those indicated in these
Contract Documents.
3. Unknown physical conditions at the site, of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in Work of the character provided for
in these Contract Documents.
B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site
Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly
reported to the Director followed within twenty-four (24) hours by a further written notice stating a
detailed description of the conditions encountered.
C. The Director will promptly investigate the conditions and If he/she finds that such conditions do
materially differ, or do involve hazardous waste, and do cause an increase or decrease in the
Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an
equitable adjustment will be made, as determined by the Director.
D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract
Time based upon Differing Site Conditions, it must, within ten (10) Days afterthe Discovery Date relative
to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time
Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional
Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.
ARTICLE 10
GC-67
E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph
10.03 concerning the timing and content of any notice of Differing Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason
of such conditions.
Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions
shall be allowed if asserted after Final Payment.
G. In the event of disagreement between the Contractor and the Director whether the conditions do
materially differ or whether a hazardous waste is involved or whether the conditions cause an increase
or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the
Contractor shall not be excused from any completion date required by the Contract, but shall proceed
with all Work to be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this
Contract which pertain to the resolution of disputes and protests.
Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or
unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment
to the Contract Sum or Contract Time.
10.04 TRAFFIC REGULATION
A. During the performance of the Work the Contractor shall erect and maintain necessary temporary
fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the
circumstance in his/her judgment for the prevention of accidents; and he/she shall take other
precautions as necessary for public safety including, but not limited to, traffic control. Traffic control
shall be conducted in accordance with the latest edition of the Work Area Traffic Control ("WATCH")
handbook, published by BNi Books, and as directed and approved by the City Traffic and
Transportation Administrator.
B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that
is approved by all agencies having jurisdiction and that conforms to all requirements of the
Specifications.
C. No changes or deviations from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Traffic and
Transportation Administrator and all agencies having jurisdiction.
Contractor shall immediately notify, the Director, the City Traffic and Transportation Administrator and
the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic
control plan.
D. Contractor's failure to comply with this provision may result in actions as provided in Article 5:
"Suspension or Termination of Contract" of these General Conditions.
ARTICLE 10
GC-68
10.05 TRAFFIC CONTROL DEVICES
A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall
conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is
more stringent, and as approved by the City Traffic and Transportation Administrator.
1. Portable signals shall not be used unless permission is given in writing by the agency having
jurisdiction.
2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized
signs" shall have a reflectorized background and shall conform to the current State of California
Department of Transportation specification for reflective sheeting on highway signs.
B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or
ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others,
charge the costs therefore against the Contractor, and deduct the same from the next progress
payment.
10.06 EXECUTION
A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323)
at least two (2) weeks prior to the beginning of construction at any particular
location. Notification will include the specific location, project dates; what lanes of the roadway will be
closed and when. Also the construction project manager's name and business phone number and the
construction inspector's name and business phone number.
B. The Contractor shall notify, by telephone, the Police Department, (323) at the
completion of any posting of temporary no parking signs. Notification will include the times, dates and
locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the
person who actually posted the signs, or on -view supervisor of that posting, will be present to answer
pertinent questions that may be asked by the parking enforcement officer or police officer towing the
vehicles.
C. The Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that
construction is in progress whenever roadways are reduced in width or blocked. Notification shall be
made to the Fire Dispatch (323) and the Contractor shall provide the information
required to identify which roadways would have accessibility problems due to his/her operations. The
Contractor shall submit to Fire Department schedule of Work for their use and files.
D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Contractor until the Work is finished. Except
where public roads have been approved for closure, traffic shall be permitted to pass through
designated traffic lanes with as little inconvenience and delay as possible.
E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed
shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved
by the agency having jurisdiction.
F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall
maintain the traffic markings forthe duration of need. Contractor shall remove the markings by abrasive
blasting when no longer required.
ARTICLE 10
GC-69
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and
kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment,
whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan.
Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the current "Instructions to Flaggers" of the California Department of
Transportation.
2. Flaggers shall be employed full time on traffic control and shall have no other duties.
10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor
shall construct during construction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of the Contractor.
[END OF ARTICLE]
ARTICLE 10
GC-70
ARTICLE 11-INDEMNITY
11.01 INDEMNITY
To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend
the City, its officers, employees, agents, representatives and their successors and assigns ("Indemnitees") from
and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment,
settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of
accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation
and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting
from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents,
employees, Subcontractors, Sub -Subcontractors, design consultants or any person for whose acts any of them
may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by
an Indemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or death to any persons;
B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought
against the Contractor or City arising out of Contractor's Work, for which the Contractor is responsible;
C. Stop notices and claims for labor performed or materials used or fumished to be used in the Work,
including all incidental or consequential damages resulting to City from such stop notices and claims;
D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance;
E. Failure to comply with any Governmental Approval or similar authorization or order;
F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document
furnished by the Contractor in connection therewith;
G. Breach of any duty, obligation, or requirement under the Contract Documents;
H. Failure to provide notice to any Party as required under the Contract Documents;
I. Failure to protect the property of any utility provider or adjacent property owner; or
J. Failure to make payment of all employee benefits.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782,
the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of
Indemnitees or arise from the active negligence of City.
11.02 ENFORCEMENT
Contractor's obligations under this Article extend to claims occurring after termination of the Contractor's
performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or
alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this
Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of
the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor's obligations
under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law
ARTICLE 11
GC-71
or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the
City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for
the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor
provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole
discretion determine whether such assurances are reasonable.
11.03 NO LIMITATIONS
Contractor's indemnification and defense obligations set forth in this Article are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the Contractor's indemnification and defense obligations shall not be limited by
a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a
Subcontractor under workers' compensation acts, disability benefits acts, or other employee benefits acts.
[END OF ARTICLE]
ARTICLE 11
GC-72
12.01
ARTICLE 12 - INSURANCE
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor
to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof
of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by
the Contractor prior to the City's execution of the Contract.
12.02 MINIMUM COVERAGE AND LIMITS
Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS
City and Contractor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in the Contract Documents
or any other agreement relating to City or its operations limits the application of such insurance
coverage.
B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to City and approved in writing by
the City Attorney or City's Risk Manager.
12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
This Agreement's insurance provisions:
A. Are separate and independent from the indemnification and defense provisions in Article 12 of the
Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
[END OF ARTICLE]
ARTICLE 12
GC-73
ARTICLE 13 - BONDS
13.01 REQUIRED BONDS
A. Contractor shall furnish the following bonds:
13.02
13.03
13.04
1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price
in the form shown in Exhibit 1" attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the
total Contract price in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the
form shown in Exhibit 1" attached hereto.
All bonds shall be accompanied by a power of attorney from the surety company authorizing the person
executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California,
all copies of the bonds must be countersigned by a California representative of the surety. The signature of the
person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the
person designated in the power of attorney.
All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company
Financial strength rating of "A: VII", or better. Bonds issued by a California admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by
a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of
the company. If the bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the person executing the bond
on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in
the power of attorney.
Every bond must display the surety's bond number and incorporate the Contract for construction of the Work by
reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time,
alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way
affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of
the Contract Documents.
13.05 NEW OR ADDITIONAL SURETIES
If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non -
responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the
Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the
ARTICLE 13
GC-74
Contract may be suspended and the materials may be purchased or the Work completed as provided in Article
5 herein.
13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS
No modifications or alterations made in the Work to be performed under the Contract or the time of performance
shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of
such events shall be waived by the surety.
13.07 APPROVAL OF BONDS
The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been
received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No
substitution of the form of the documents will be permitted without the prior written consent of City.
[END OF ARTICLE]
ARTICLE 13
GC-75
14.01
ARTICLE 14 - LABOR PROVISIONS
A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day.
B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent of the Director and is subject to Cost of Overtime Construction Inspection.
C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal
holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the
Director, and accordance with such regulations as he/she shall furnish in writing. Before performing
any Work at said times, except Work pertaining to the public safety, the Contractor shall give written
notice to the Director so that proper inspection may be provided. "Night" as used in this paragraph
shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day.
14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will
be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular
8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined
by the City, and submitted to the Contractor for payment.
B. Equipment, materials, or services provided by the City, in connection with Contractor -initiated overtime
construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The
charges will be determined by the City, and submitted to the Contractor for payment.
C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director
or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE LABOR CODE
A. Contractor shall comply with the provisions of the Labor Code of the State of California and any
amendments thereof.
The time of service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours during any one -calendar day, and 40 hours during any one -calendar week.
2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.
3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and each calendar week by each worker employed by
him/her in connection with the Work; the record shall be kept open at all reasonable hours to the
inspection of the City and to the Division of Labor Standards Enforcement of the State of California.
4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as
ARTICLE 14
GC-76
a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract
by the Contractor or by any Subcontractor for each calendar day for which the employee was
underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount sufficient to cover
underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the
overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the
California Labor Code governs over this Paragraph 14.03(A)(4).
14.04 WAGE RATES
A. Prevailing Wages
1. Contractor shall comply with the general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed,
for each craft, classification, or type of worker needed to execute the Contract. The Director of
the Department of Industrial Relations of the State of California (pursuant to California Labor
Code) and the United States Secretary of Labor (pursuant to the Davis -Bacon Act) have
determined the general prevailing rates of wages in the locality in which the Work is to be
performed. The rates are available online at www.dir.ca.aov/DLSR/PWD/. To the extent that there
are any differences in the federal and state prevailing wage rates for similar classifications of
labor, the Contractor and its Subcontractors shall pay the highest wage rate.
2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.
3. The Contractor and any Subcontractor under him/her shall pay not less than the specified
prevailing rate of wages to all workers employed in the execution of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective
bargaining Contract applicable to the particular craft, classificafion, or type of worker employed on
the project.
5. The Contractor shall, as a penally to the State or the City, forfeit not more than Fifty Dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereof for which such worker was
paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.
6. The specified wage rates are minimum rates only and the City will not consider and shall not be
liable for any claims for additional compensation made by the Contractor because of payment
by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to
the payment of wages in excess of those specified herein shall be adjusted by the Contractor at
his/her own expense.
B. Payroll Records
1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall
keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker or other employee employed in
ARTICLE 14
GC-77
connection with the Work. The payroll records shall be certified and shall be available for
inspection.
2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in
location and address.
3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records
along with a statement of compliance.
14.05 APPRENTICESHIP STANDARDS
A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:
Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the joumeyman
hours to be performed under the Contract, the number of apprentices to be employed, and
the approximate dates the apprentices will be employed. Use Form DAS-140 from the State
Department of Industrial Relations. The City reserves the right to require Contractor and
Subcontractors to submit a copy of said forms to the City.
2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice
work for every five (5) hours or labor performed by a journeyman. To request dispatch of
apprentices, use Form DAS-142 from the State Department of Industrial Relations. The
City reserves the right to require Contractor and Subcontractors to submit a copy of said
forms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are
registered, as defined in Labor Code Section 3077.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication for journeyman and apprentices. Contractors who choose not to contribute to
the local training trust fund must make their contributions to the California Apprenticeship
Council, P.O. Box 420603, San Francisco, CA 94142.
B. Failing to comply with the provisions of California Labor Code Section 1777.5 may result in the loss
of the right to bid on all public works projects for a period of one to three years and the imposition of
a civil penalty of Fifty Thousand Dollars ($50,000) for each calendar day of noncompliance.
Contractor should make a separate copy of this material for each of his/her Subcontractors.
C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman
apprentice, worker or other employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Project Manager every two weeks.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendardays of signing the Contract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor
of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits,
ARTICLE 14
GC-78
vacation funds or makes pension contributions. The form must contain, for each worker
classification, the fund, plan or trust name, address, administrator, the amount per hour contributed
and the frequency of contributions. Training fund contributions shall also be reported in this form.
City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to
the City.
14.06 EMPLOYMENT OF APPRENTICES
14.07
A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions concerning the employment of apprentices in the Labor Code of the State of California
and any amendments thereof.
B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions
of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for
noncompliance in the Labor Code of the State of California and any amendments thereof.
The Contractor shall not allow his/heragents or employees, Subcontractors, or any agent or employee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requiring special qualifications, and when required by the Director, the Contractor shall
discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous,
insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing
or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall
not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and
employees.
14.08 NO SMOKING —STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under
Contractor's control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a
"place of employment' under California Labor Code § 6404.5.
[END OF ARTICLE]
ARTICLE 14
GC-79
ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A. By Contractor
Contractors right to commence the Claims Dispute Resolution Process shall arise upon the Directors
written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute
to the Director within seven (7) Days after the Director rejects all or a portion of Contractor's Claim.
Contractor's Statement of Dispute shall be signed under penalty of perjury and shall state with
specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the
effect, if any, on the compensation due or performance obligations of Contractor under the Construction
Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the
disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractors
obligations relative to time of performance shall include a detailed, event -by -event description of the
impact of each delay on Contractor's time for performance. Adequate supporting data to a Statement
of Dispute submitted by Contractor involving Contractor's compensation shall include a detailed cost
breakdown and supporting cost data in such form and including such detailed information and other
supporting data as required to demonstrate the grounds for, and precise amount of, the Claim.
B. By City
City's right to commence the Claims Dispute Resolution Process shall arise at any time following the
City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of
Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of
their occurrence and the damages or other relief claimed by City as a result of such events.
C. Claims Defined
The term "claims" as used herein shall be as defined in California Public Contract Code § 20104(b)(2).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process.
A. Direct Negotiations
Designated representatives of City and Contractor shall meet as soon as possible (but not later than
ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiations by an authorized representative
with full knowledge of the details of the Claim or defenses being asserted by such party, and with full
authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City
Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the
assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
negotiations, with the same authority and knowledge as just described. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party
ARTICLE 15
GC-80
may declare negotiations ended. All discussions that occur during such negotiations and all documents
prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to
California Evidence Code Sections 1119 and 1152.
B. Deferral of Claims
Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims,
except those that do not involve parties other than the Contractor and City, shall be deferred pending
Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to require that
the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does
not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work,
all Claims that have been deferred until such Final Completion shall be consolidated within a
reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims
Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the
parties' rights to continue informal negotiations of Claims that have been deferred until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as altering the
provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after
Final Completion of the Work.
C. Legal Proceedings
If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or
determination of the Claim shall submit the Claim for determination by commencing legal proceedings
in a court of competent jurisdiction.
15.03 NO WAIVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense of either party, including, without limitation, any defense based on the assertion that the rights of
Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the
Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for
providing notices or for submission or supporting documentation of Claims.
[END OF ARTICLE]
ARTICLE 15
GC-81
16.01
ARTICLE 16-ACCOUNTING RECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and detailed books and records in accordance with the requirements of the
Contract Documents, including the following: all information, materials and data of every kind and character
(hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters,
rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars,
Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda;
accounting records; job cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance
rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor
or any Subcontractor ("Accounting Records"). Contractor shall exercise such controls as may be necessary
for proper financial management of the Work. Such accounting and control systems shall comply with
prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of
such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.
16.02 ACCESS TO RECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon
twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to
the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above.
16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING
Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation
upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the
Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment
to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the
total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied
with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16.04 SPECIFIC ENFORCEMENT BY CITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
[END OF ARTICLE]
ARTICLE 16
GC-82
ARTICLE 17-MISCELLANEOUS PROVISIONS
17.01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Contractor shall give all notices required by governmental authorities and comply with all
applicable laws and lawful orders of governmental authorities, including but not limited to the
provisions of the California Code of Regulations applicable to contractors performing
construction and all laws, ordinances, rules, regulations and lawful orders relating to safety,
prevailing wage and equal employment opportunities.
B. Taxes, Employee Benefits
Contractor shall pay at its own expense, at no cost to the City and without adjustment to the
Contract Sum, all local, state and federal taxes, including, without limitation all sales,
consumer, business license, use and similartaxes on materials, labor or other items furnished
for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out
of its operations under the Contract Documents and all benefits, insurance, taxes and
contributions for social security and unemployment insurance which are measured by wages,
salaries or other remuneration paid to Contractor's employees. If under federal excise tax law
any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the
sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then
City, upon request, will execute documents necessary to show that is a political subdivision of
the State for the purposes of such exemption and that the sale is for the exclusive use of the
City, in which case no excise tax for such materials shall be included in the Bid or Contract
Sum.
C. Notice of Violations
Contractor shall immediately notify the City and Director in writing of any instruction received
from the City, Director, Architect or other person or entity that, if implemented, would cause a
violation of any applicable law or lawful order of a governmental authority. If Contractor fails
to provide such notice, then Director and Architect shall be entitled to assume that such
instruction is in compliance with applicable laws and lawful orders of governmental authorities.
If Contractor observes that any portion of the Drawings and Specifications or Work are at
variance with applicable laws or lawful orders of governmental authorities, or should
Contractor become aware of conditions not covered by the Contract Documents which will
result in Work being at variance therewith, Contractor shall promptly notify Director in writing.
If, without such notice to Director, Contractor or any Subcontractor performs any Work which
it knew, or through the exercise of reasonable care should have known, was contrary to lawful
orders of governmental authorities or applicable laws, then Contractor shall bear all resulting
losses at its own expense, at no cost to City and without adjustment to the Contract Sum.
17.02 OWNERSHIP OF DESIGN DOCUMENTS
A. Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all
copies thereof) and all designs and building designs depicted therein are and shall remain the
sole and exclusive property of the City and the City shall solely and exclusively hold all
copyrights thereto. Without derogation the City's rights under this Paragraph, the Contractor
and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to
ARTICLE 17
GC-83
17.03
use and reproduce applicable portions of the Contract Documents and Submittals as
appropriate to and for use in the execution of the Work and for no other purpose.
B. Documents on Site
Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors
of Record and City's Consultants, a complete set of the Contract Documents that have been
approved by applicable Governmental Authorities.
C. Delivery to City
All Design Documents, Contract Documents and Submittals in the possession of Contractor
or Subcontractors shall be returned to the City upon the earlier of Final Completion or
termination of the Construction Contract; provided, however, that Contractor and each
Subcontractor shall have the right to retain one (1) copy of the Contract Documents and
Submittals for its permanent records
D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all
subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing,
protecting and preserving the, City's rights set forth in this Paragraph.
The Contract Documents may be amended only by a written instrument duly executed by the parties
or their respective successors or assigns.
17.04 WAIVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or
other provisions of the Contract Documents at any time shall not in any way limit or waive that party's
right thereafter to enforce or compel strict compliance with every term, covenant, condition or other
provision, any course of dealing or custom of the trade notwithstanding. Furthermore, K the parties
make and implement any interpretation of the Contract Documents without documenting such
interpretation by an instrument in writing signed by both parties, such interpretation and
implementation thereof will not be binding in the event of any future disputes.
17.05 INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and nothing contained in the Contract Documents shall be
construed as constituting any relationship with City other than that of Project owner and independent
contractor. In no event shall the relationship between City and Contractor be construed as creating
any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any
of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in
the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and
otherwise control its employees and has complete and sole responsibility as a principal for its agents,
for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform
or assist in performing the Work.
17.06 SUCCESSORS AND ASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and
their permitted successors, assigns and legal representatives.
ARTICLE 17
GC-84
A. City may assign all or part of its right, title and interest in and to any Contract Documents,
including rights with respect to the Payment and Performance Bonds, to (a) any other
governmental person as permitted by governmental rules, provided that the successor or
assignee has assumed all of City's obligations, duties and liabilities under the Contract
Document then in effect; and (b) any other Person with the prior written approval of
Contractor.
B. Contractor may collaterally assign its rights to receive payment under the Contract
Documents. Contractor may not delegate any of its duties hereunder, except to
Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's
assignment or delegation of any of its Work under the Contract Documents shall be
ineffective to relieve Contractor of its responsibility for the Work assigned or delegated,
unless City, in its sole discretion, has approved such relief from responsibility.
Any assignment of money shall be subject to all proper set -offs and withholdings in favor of
City and to all deductions provided for in the Contract. All money withheld, whether assigned
or not, shall be subject to being used by City for completion of the Work, should Contractor
be in default.
C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may
not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily
assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests
under the Contract Documents. No partner, joint venturer, member or shareholder of
Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its
ownership interest in Contractor without the prior written consent of City, in City's sole
discretion.
17.07 SURVIVAL
Contractor's representations and warranties, the dispute resolution provisions contained in Article
15, and all other provisions which by their inherent character should survive termination of the
Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final
Acceptance Date.
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party
beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury
or property damage pursuant to the terms or provisions hereof, except to the extent that specific
provisions (such as the warranty and indemnity provisions) identify third parties and state that they
are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the
Contract Documents with respect to such third parties shall remain as imposed by law. The Contract
Documents shall not be construed to create a contractual relationship of any kind between City and
a Subcontractor or any other Person except Contractor.
17.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City's authorized representatives are acting solely as agents and representatives of City when
carrying outthe provisions of or exercising the poweror authority granted to them underthe Contract.
They shall not be liable either personally or as employees of City for actions in their ordinary course
of employment.
No agent, consultant, Council member, officer or authorized employee of City, shall be personally
responsible for any liability arising under the Contract.
ARTICLE 17
GC-85
17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate
or certificate made or given by the City representative or other officer, agent, or employee of City
under any provisions of the Contract from at any time (either before or after the final completion and
acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or
certificate showing the true and correct amount and character of the work done, and materials
furnished by Contractor or any person under the Contract or from showing at any time that any such
measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or
that the work and materials, or any part thereof, do not in fact conform to the Contract Documents.
Notwithstanding any such measurement, estimate or certificate, or payment made in accordance
therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties
such damages as City may sustain by reason of Contractor's failure to comply or to have complied
with the Contract Documents.
17.11 GOVERNING LAW
17.12
The laws of the State of California govern the construction and interpretation of the Contract
Documents, without regard to conflict of law principles. Unless the Contract Documents provide
otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment,
modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret
one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County
of Los Angeles, California, orwhere otherwise appropriate, in the United States District Court, Central
District of California. Contractor and City acknowledge that the Contract Documents were
negotiated, entered into, and executed —and the Work was performed —in the City of Vernon,
California.
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by City to further evidence the obligations of Contractor
hereunder, including assurances regarding assignments of Subcontractors contained herein.
17.13 SEVERABILITY
If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having
proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such
clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible,
effect the original intent of the parties, including an equitable adjustment to the Contract Price to
account for any change in the Work resulting from such invalidated portion; and (b) if necessary or
desirable, apply to the court or other decision maker (as applicable) which declared such invalidity
for an interpretation of the invalidated portion to guide the negotiations. The invalidity or
unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity
or enforceability of the balance of the Contract, which shall be construed and enforced as if the
Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part
of the Contractor considered in construing the Contract.
ARTICLE 17
GC-86
EXHIBIT 1
Bond No.:
Premium Amount: $
Bond's Effective Date:
PERFORMANCE BOND
RECITALS:
1. The City of Vernon, California ("City"), has awarded to
(Name, address, and telephone of Contractor)
a Contract (the "Contract") for the Work described as follows:
Specification
No.
in Vernon, CA.
("Principal"),
2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract
Documents")— to furnish a bond guaranteeing Principal's faithful performance of the Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this
Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surely)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ("the Bonded Sum"), this
amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of Insurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings,
terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and
supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void.
Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond:
1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and
Contract Documents, as they may be amended and supplemented— including, but not limited to, Principal's liability for
liquidated damages, Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and
Contract Documents— except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract
Documents, the guarantees in this Bond also survive Final Completion of the Work.
3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall
promptly: (a) remedy the default; (b) complete the Project according to the Contract Documents' terms and conditions
then in effect; or (c) using a procurement methodology approved by City, select a contractor or contractors— acceptable
to City— to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make
available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum,
EXHIBIT 1- PERFORMANCE BOND-1 of 3
and to pay and perform all obligations of Principal under the Contract and Contract Documents— including other costs
and damages for which Surety is liable under this Bond —except that Surety's total obligation, as described here, will not
exceed the Bonded Sum.
4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract
Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation,
an extension of time for performance— does not, in any way, affect Surety's obligations under this Bond. Surety waives
any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time.
5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's
guaranteeing Principal's faithful performance of the Work.
6. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition to the
Bonded Sum— City's reasonable attomeys' fees and litigation costs; in an amount the court fixes.
8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,
or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below
and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:
(Company Name)
(Signature)
By:
(Name)
Its:
(Title)
Address for Serving Notices or Other Documents:
CORPORATESEAL
SURETY:
(Company Name)
(Signature)
By:
(Name)
Its:
(Title)
Address for Serving Notices or Other Documents:
CORPORATESEAL
• THIS BOND MUST BEEXECUTED IN TRIPLICATE.
• EVIDENCEMUSTBEATFACHEDOFTHEAUTHORITYOFANYPERSONSIGNING ASATTORNEWN-FACT.
• THEATTORNEYdN-FACrSSIGNATURE MUSTBENOTARIZED.
• A CORPORATE SEAL MUSTBEIMPRESSED ON THIS FORM WHEN THEPRINCIPAL, OR THE SURETY, OR BOTH,
AREA CORPORATION.
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
AMOUNT OF BONDED SUM:
By By
Director of Community Service & Water City Attorney
EXHIBIT f - PERFORMANCE BOND-2 of 3
EXHIBIT 2
Bond No.:
Premium Amount: $
Bond's Effective Date:
PAYMENT BOND
(LABOR AND MATERIALS)
RECITALS:
1. The City of Vernon, California ("City"), has awarded to
(Name, address, and telephone of Design -Builder)
a Contract (the "Contract") for the Work described as follows:
Specification
No.
in Vernon, CA.
("Principal"),
2. Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract —and all contract
documents referenced in it ("Contract Documents")— to furnish a bond guaranteeing Principal's paying claims,
demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this
Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surely)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ("the Bonded Sum"), this
amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
address, and
Registered Agent's California Department of Insurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person
named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California's
Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contractor Contract
Documents; or (c) any amount under Unemployment Insurance Code Section 13020, or any successor legislation, that
Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the
wages of its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay
for the same in an amount not -to -exceed the Bonded Sum. Otherwise, this obligation becomes null and void. While this
Bond remains in full force and effect, the following terms and conditions apply to this Bond:
1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor
legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil
Code Section 3267, or any successor legislation, applies.
2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract
Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without
EXHIBIT 2 - PAYMENT BOND-1 of 3
limitation, an extension of time for performance— does not, in any way, affect Surety's obligations under this Bond.
Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or
extension of time.
3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's
paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in
the Work.
4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition
to the Bonded Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel,
terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below
and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:
(Company Name)
(Signature)
SURETY:
(Company Name)
(Signature)
By: By:
(Name) (Name)
Its: its:
(Title) (Title)
Address for Serving Notices or Other Documents:
CORPORATE SEAL
Address for Serving Notices or Other Documents:
CORPORATESEAL
• THIS BOND MUST BE EXECUTED IN TRIPLICATE.
• EVIDENCE MUST BEATTACHEDOFTHE AUTHORITYOFANYPERSON SIGNING ASATTORNEY--IN-FACT.
• THE ATTORNEY-IN-FACTSSIGNATUREMUST BENOTARIZED.
• A CORPORA TE SEA L MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,
AREA CORPORATION.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
Director of Community Service & Water
APPROVED AS TO FORM:
City Attorney
EXHIBIT 2 - PAYMENT BOND-2 of 3
EXHIBIT 3
Bond No.:
Premium Amount: $_
Bond's Effective Date:
MAINTENANCE BOND
RECITALS:
1. The City of Vernon, California ("City"), has awarded to
(Name, address, and telephone of Contractor)
("Principal"),
a Contract (the "Contract") for the Work described as follows:
Specification
No.
in Vernon, CA.
2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract
Documents")— after completion of the Work and before the filing and recordation of a Notice of Completion for the
Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the
Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and
Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or
workmanship during that time.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this
Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surely)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ 1("the Bonded Sum"), this
amount comprising not less than the total Contract Sum, in lawful money of the United States of America
The California Licensed Resident Agent for Surety is
(Name, address, and telephone)
Registered Agent's California Department of Insurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors,
or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute
within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City
for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so
doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise
required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or
equivalent, is filed with the County Recorder, ordinary wear and tear and unusual abuse or neglect excepted with respect to
such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond.
1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall
promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors —
acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall
make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all
obligations of Principal under the Contract and Contract Documents— including other costs and damages for which Surety
is liable under this Bond except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
EXHIBIT 3 - MAINTENACE BOND-1 of 3
2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or
addition.
4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's
guaranteeing Principal's faithful performance of the Work.
5. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay, in addition to the
Bonded Sum, City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,
or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
8. Death of the Principal shall not relieve Surety of its obligations hereunder.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below
and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL: SURETY:
(Company Name)
(Signature)
By:
(Name)
Its:
(Title)
Address for Serving Notices or Other Documents:
CORPORATESEAL
(Company Name)
(Signature)
By:
(Name)
Its:
(Title)
Address for Serving Notices or Other Documents:
CORPORATE SEAL
• THIS BOND MUST BE EXECUTED IN TRIPLICATE.
• EVIDENCE MUST BEATTACHEDOFTHEAUTHORIfYOFANYPERSONSIGNING ASATTORNEYdN-FACT.
• THEATTORNEY-IN•FACTSSIGNATURE MUST BE NOTARIZED.
• A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETX OR BOTH, ARE A
CORPORATION.
APPROVED AS TO SURETY & AMOUNT OF BONDED SUM:
Director of Community Service & Water
APPROVED AS TO FORM:
City Attorney
EXHIBIT 3 - MAINTENACE BOND-2 of 3
EXHIBIT 4
(CONFIRM INSURANCE LIMITS W/ RISK MANAGEMENT PRIOR TO ADVERTISING, TYPICAL LIMITS BELOW
COULD CHANGE FOR SPECIFIC PROJECTS)
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain — and shall require each of its
Subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following
requirements:
A. Workers' Compensation/Employer's Liability Insurance shall provide workers' compensation
statutory benefits as required by law.
Employer's Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1,000.000) per accident for bodily injury or disease;
(b) ONE MILLION DOLLARS ($1.000.000) per employee for bodily injury or disease;
and
(c) ONE MILLION DOLLARS ($1,000.000) policy limit.
B. Commercial General Liability ("CGL") (primary). City and its employees and agents shall be
added as additional insureds, not limiting coverage for the additional insured to "ongoing operations" or in any way
excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to
any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion,
collapse, or underground property damage.
1. CGL insurance must not be written for less than the limits of liability specified as follows:
(a)
ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including
accidental death) to any one person;
(b)
ONE MILLION DOLLARS ($1.000,000) per occurrence for personal and
advertising injury to any one person;
(c)
ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and
(d)
TWO MILLION DOLLARS ($2.000.000) general aggregate limit.
2. CGL insurance must include all major divisions of coverage and must cover:
(a)
Premises Operations (including Explosion, Collapse, and Underground ['X,C,U"]
coverages as applicable);
(b)
Independent Contractor's Protective;
EXHIBIT 4 - INSURANCE REQUIREMENTS -1 of 6
(c) Independent Contractors;
(d) Products and Completed Operations (maintain same limits as above until five (5)
years after recordation of Notice of Completion)
(a) Personal and Advertising Injury (with Employer's Liability Exclusion deleted);
(f) Contractual Liability (including specified provision for Contractor's obligation under
Article 11 of the General Conditions); and
(g) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad
as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with
defense costs payable in addition to policy limits. There shall be no cross liability exclusion
and no contractor's limitation endorsement. The policy shall have starting and ending dates
concurrent with the underlying coverages. The Named Insured may determine the layering
of primary and excess liability insurance provided that if such layering differs from that
described here, the actual coverage program meets the minimum total required limits and
complies with all other requirements listed here.
C. Business Automobile Liability Insurance
Business Automobile Liability Insurance must cover all vehicles, whether rented, leased,
hired, scheduled, owned or nonowned. If Contractor does not own any vehicles, this
requirement may be satisfied by a non -owned vehicle endorsement to the general and
umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall
not be less than the following:
(a) ONE MILLION DOLLARS ($1.000.000) per occurrence for bodily injury (including
accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1.000.000) per occurrence for property damage; or
(c) ONE MILLION DOLLARS ($1,000,000) combined single limit.
D. Contractors Pollution Liability Insurance (CPL) REQUIRED 1 NOT REQUIRED FOR THIS
PROJECT (OPTIONAL AT DISCRETION OF CITY — CHECK WI RISK MANAGEMENT — LEAVE
IN ALL SPECS & NOTE IF REQUIRED)
Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Contract Contractors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising out of the operations of the Contractor. Coverage shall be
included on behalf of the insured for covered claims arising out of the actions of independent
contractors. If the insured is using Subcontractors, the policy must include work performed
"by or on behalf' of the insured.
2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per
claim and in the aggregate. Coverage shall apply to bodily injury; property damage,
including loss of use of damaged property or of property that has not been physically inured;
EXHIBIT 4 - INSURANCE REQUIREMENTS - 2 of 6
cleanup costs; and costs of defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy
as "covered operations." In addition, the policy shall provide coverage for the hauling of
waste from the Project site to the final disposal location, including non -owned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
E. Builder's Risk Insurance REQUIRED / NOT REQUIRED FOR THIS PROJECT (OPTIONAL AT
DISCRETION OF CITY — CHECK W/ RISK MANAGEMENT — LEAVE IN ALL SPECS & NOTE IF
REQUIRED)
Builders Risk Insurance covering all real and personal property for "all risks" of loss or
"comprehensive perils" coverage including but not limited to the perils of earth movement
including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the construction at the site, off site,
or in transit, for the full replacement value of such properties. Coverage shall be included for
property of others in the care, custody or control of the insured for which any insured may be
liable. The City will purchase a builders risk policy for the Project instead of a contractor
purchased policy. Bidder should not include cost for this coverage in his/her bid.
2.0 GENERAL REQUIREMENTS —ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Contractors insurance
company must meet all of the following requirements:
"Admitted" insurer by the State of California Department of Insurance or be listed on the
California Department of Insurance's "List of Surplus Line Insurers" ("LESLI");
2. Domiciled within, and organized under the laws of, a State of the United States; and
3. Carry an A.M. Best & Company minimum rating of "A:VII".
B. Continuation Coverage. For insurance coverages that are required to remain in force after the
Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all
certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self -Insured Retentions. All deductibles or self -insured retentions are subject to
City's review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an
"occurrence" basis and must add the City of Vernon and its officers, agents, employees and representatives as
additional insureds.
E. Contractors Insurance Primary. Other insurance (whether primary, excess, contingent or self-
insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractors insurance.
City's insurance, or self-insurance, or both, will not contribute with Contractors insurance policy.
EXHIBIT 4 — INSURANCE REQUIREMENTS -3 of 6
F. Waiver of Subrogation. Contractor and Contractors insurance company waive— and shall not
exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its
representatives, or both.
G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or
additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the
naming of multiple insureds will not increase an insurance company's limits of liability.
H. Claims by Other Insureds. Contractors insurance policy applies to a claim or suit brought by an
additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising
injury, or property damage.
I. Premiums. City is not liable for a premium payment or another expense under Contractor's policy
J. At any time during the duration of this Contract, City may do any one or more of the following:
1. Review this Agreement's insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's
assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out of, or in any way connected with, the
services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any
way connected with, the services of Contractor under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a
California corporate surety, guaranteeing payment to City for liability, or costs, or both,
that City incurs during City's investigation, administration, or defense of a claim or a suit
arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without interruption, from the Project's
commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor
must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non -renew.
Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policy's
cancellation, termination, non -renewal, or reduction in coverage and ten (10) days before its insurance policy's
expiration, cancellation, termination, or non -renewal, Contractor shall deliver to City evidence of the required
coverage as proof that Contractor's insurance policy has been renewed or replaced with another insurance policy
which, during the duration of this Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon City's request, Contractor shall furnish satisfactory proof of each type of insurance
coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals,
or replacements; and documents comprising Contractor's self-insurance program— all in a form and content
acceptable to the City Attomey or City's Risk Manager.
EXHIBIT 4 - INSURANCE REQUIREMENTS - 4 of 6
N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services,
operations, or activities on Contractor's behalf, Contractor shall ensure that the Subcontractor complies with the
following.
1. Meets, and fully complies with, this Agreement's insurance requirements; and
2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor's
insurance policy or policies for City's review, or approval, or both. Failure of City to
request copies of such documents shall not impose any liability on City, or its employees.
0. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material
breach upon which City may immediately terminate or suspend Contractor's performance of this Agreement, or
invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it
may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the
premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or
reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe
Contractor.
3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Contractor delivers
this Agreement to City. City will neither sign this Agreement nor issue a "Notice to Proceed" until the City Attorney or
City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all
insurance documents is final. Sample insurance documents in the City's approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and
Contractor's Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or
City's Risk Manager, and signed by the insurance carrier or its authorized representative — which fully meet the
requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.
1. "Certificate of Insurance"
2. "Additional Insured Endorsement"
3. Subrogation Endorsement: "Waiver of Transfer to Rights of Recover Against Others"
Both Certificates of Insurance and Additional Insured Endorsements must read as follows: "The City of Vernon,
and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This
insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of,
and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who
is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30)
days advance notice to the City for any policy cancellation, termination, non -renewal, or reduction in coverage."
C. Required Submittals for Workers' Compensation Insurance. Contractor shall provide City with a
certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk
Manager, and signed by the insurance carrier or its authorized representative — which fully meet the requirements of,
and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. If
Contractor is self -insured for workers' compensation, a copy of the "Certificate of Consent to Self -insure" from the
State of California is required; or if Contractor is lawfully exempt from workers' compensation laws, an "Affirmation of
Exemption from Labor Code §3700" form is required.
EXHIBIT 4 - INSURANCE REQUIREMENTS - 5 of 6
D. Required Evidence of Builder's Risk Coverage. City will provide a certificate of insurance and a
declarations page on a form satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier
or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely
consistent with, all of the insurance requirements set forth herein. The Cityshall be named as a loss payee on the
insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed,
maintained, repaired or supplied pursuant to this Contract.
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that
includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third
party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or
subcontractor.
H. Any "self -insured retention" must be declared and approved by City. City reserves the right to require
the self -insured retention to be eliminated or replaced by a deductible. Self -funding, policy fronting or other mechanisms
to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program
to City.
EXHIBIT 4 - INSURANCE REQUIREMENTS - 6 of 6
EXHIBIT C
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits,
or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or
personal necessity, and an additional ten days a year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the employer's
compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer
for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the
service contract of violating employers.
EXHIBIT D
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each
subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are treated equally and are not discriminated against because of their race, religious creed, color, national
origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated
facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or
on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this
Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, .through its awarding
authority, provide copies of all of its records pertaining or relating to its employment practices, except to the
extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.
BIDDING FORMS
BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of
the following Project in accordance with the Contract Documents:
PROJECT: (Insert Project Name), Specification No. WOO
A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the
following completed forms:
1. Bidder's Proposal
2. Schedule of Bid Prices
3. Incumbency Certificate
4. Bid Security in the following form (check one):
❑ Cashier's Check ❑ Certified Check ❑ Bid Bond ❑ Cash
5. Bidder's Statement of Qualifications
6. Experience Form
7. Statement of Violations of Federal, State or Local Law, if applicable
8. (OPTIONAL) Specialty Contractor Statement of Qualifications
9. Contractor Safety Questionnaire
10. Designation of Subcontractors
11. Contractor's Affidavit of Noncollusion
12. Insurance Requirements Affidavit
13. Statement of Disqualification or Debarment.
14. Pre -Bid Site Inspection Certification.
B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed
copy of all Addenda, and by listing all Addenda received and attached in the space below.
If an Addendum or Addenda have been issued by the City and not attached and noted above as being received
by the Bidder, the Bid may be rejected.
C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully
familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient
detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding
Documents and/or any unusual site conditions; and that it has carefully checked all words, prices, and
statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have
BF 1 of 38
BIDDING FORMS
inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all
conditions and matters which may in any way affect the Work, time of completion or the costs thereof.
Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if
disclosed or shown, as part of the Work in this Contract.
SITE INSPECTION — CERTIFICATION:
Person(s) who inspected site of the proposed Work for your firm:
Name: Date of Inspection
Title:
Name:
Title:
Date of Inspection
D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable
therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a
specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price.
(OPTIONAL) Contractor shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in Paragraph
1.01 and addressed in Paragraph 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from
Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental
Approvals and Utility Fees. Bidder agrees that City will not be responsible for any errors or omissions on the part of
the undersigned in making this Bid.
E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required
Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security
accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such
default, as provided in the Bidding Documents.
F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period
of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever
period is shorter.
G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and
the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the
City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising
therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local
laws.
The Bidder declares that neither he/she nor any member of his/her firm or corporation is an officer or
employee of the City of Vernon.
I hereby certify under penalty of perjury under the laws of the State of California that the representations made herein
are true and correct.
Executed this day of at
City State
BF2of38
BIDDING FORMS
Bidder's Proposal
Respectfully Submitted,
NAME OF BIDDER
COMPANY
NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE NUMBER:
E-MAIL:
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER:
EXPIRATION DATE:
TAX IDENTIFICATION NO.:
SURETY COMPANY:
FAX NUMBER:
All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the
Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder.
Failure to sign the Bidder's Proposal may invalidate the Bid.
BIDDER'S PROPOSAL — SIGNATURE(S):
Form of Entity of Bidder:
Please check the appropriate signature block below and fill in all related Information.
❑ Sole Proprietorship:
Bv:
Title:
Printed name of person signing
Signature
List all d/b/a's:
ElPartnership: ❑ General Partner ❑ Limited Partner
By:
Title:
Printed name of person signing
Signature
BF3of38
BIDDING FORMS
❑ Corporation:
M
Printed name of person signing
Signature
❑ Joint Venture: ❑ Corporation ❑ PartnE
❑ Individual ❑ Other
By:
Title:
Printed name of person signing
Signature
Name of all Joint Venturers:
Corporate Officer Title:
[If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the
business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein
listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership orjoint venturer
stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the
duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the
Bid Proposal Form that the individual signing has authority to do so.]
BF4of38
BIDDING FORMS
SCHEDULE OF BID PRICES
PROJECT: (Insert Project Name), Specification No. (XX)OX)
BIDDER'S NAME:
BASE BID
Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including
all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the
Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where
the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance
with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment,
and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner)
for the total Base Bid sum of:
Dollars ($ )
Item
No.
Description
Units
Quantity
Unit Cost
Amount
1.
2.
3.
BID TOTAL
$
All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but
are necessary to complete the project per specifications, and all other applicable standards and codes are considered
to be included in the above bid items.
If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs"
shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the
total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible,
or uncertain for any cause, or is omitted, or is the same amount as the entry for the Item total, then the item
total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall
be the unit price.
(OPTIONAL): Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall
include the cost of administration and coordination of Governmental Approvals and Utility Fees.
(OPTIONAL): (IF ALTERNATES OR OPTIONAL BID ITEMS ARE USED)
Bidder acknowledges that determination of the lowest Bid will be based on the combined total of the amounts entered
below for the Base Bid plus all of the listed Bid Alternate items, and that once the low bid is determined on this basis,
the City will be free to select Bid Alternates for inclusion in the Work in any order or combination, or to reject any or all
Bid Alternates.
BF 5 of 38
BIDDING FORMS
ALTERNATE BID ITEMS): !BIDDER: PLEASE SPECIFYIFALTERNATE BID ITEMS ARE PRICED
AS LUMP SUM OR UNIT PRICESI
(ADDITIVE or DEDUCTIVE) ALTERNATE NO.1:
(Insert Scope of Work)
dollar amount)
(ADDITIVE or DEDUCTIVE) ALTERNATE NO.2:
(Insert Scope of Work)
amount)
Dollars ($ )
(dollar amount)
Dollars ($ )
(dollar amount)
)PTIONAL : TOTAL BID AMOUNT Base Bid Sum plus Additive or Deductive Alternate Nos .
Dollars ($ )
(w(tten dollar amount) (dollar amount)
Respectfully submitted:
Address
Date
License Number Date of Expiration
(SEAL - if Bid is by a corporation)
Attest
Amount of Certified or Cashiers Check or Bid Bond
Name of Bonding Company
BF6of38
BIDDING FORMS
INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid
Forms:
PRESIDENT'S & OFFICERS' NAME: TITLE:
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of
(the "Company"), and that, as such, he/she is authorized to execute
this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly
elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth
opposite their names and are authorized to sign the Bid Forms.
IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of
, 20_.
Secretary's Name -Printed
Secretary's Signature
BF7of38
BIDDING FORMS
Bond No.:
Premium Amount: $—
Bond's Effective Date:
4 :ek1,
RECITALS:
1. The City of Vernon, California ("City"), has issued a Notice Inviting Bids for the Work described as follows:
Specification No.
in Vernon, CA. ("Project").
2. In response to the Notice Inviting Bids,
(Name, address, and telephone of Contractor)
("Principal"),
has submitted the accompanying Bid for the Project.
3. Principal is required under the terms of the Specification —and all Bidding Documents referenced in it —to furnish a
bond with the Bid.
4. The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond
and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
(Name, address, and telephone of Surely)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ("the Bonded Sum"), this
amount comprising not less than FIVE PERCENT (5%) of Principal's Base Bid, in lawful money of the United States of
America.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of Insurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a) withdraw its Bid for the period
specified in the Bidding Documents, or —if no period is specified —for ninety (90) calendar days after City awards the
Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code
§5101 at seq., or any successor legislation, are not met; or (2) City awards Principal the Contract in response to
Principal's Bid, and within the time and manner specified by the Specification or Contract Documents or —if no period is
specified —within fourteen (14) calendar days after the Contract's award, Principal (a) signs and delivers to City the
Contract, in accordance with the Bid as accepted, (b) furnishes the required bonds for not only Principal's faithful
performance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in the
Project, and (c) furnishes the required insurance, then this obligation becomes null and void. Otherwise, this Bond remains
in full force and effect, and the following terms and conditions apply to this Bond:
1. Suretys obligations under this Bond are separate, independent from, and not contingent upon any other surety's
guaranteeing that upon City's awarding the Contract to Principal, the Principal will enter into the Contract with City.
2. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
3. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition to the
Bonded Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
BF8of38
BIDDING FORMS
4. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,
or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing
below and signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL:
(Company Name)
(Signature)
By: By:
(Name)
Its:
(Title)
SURETY:
(Company Name)
(Signature)
(Name)
(Tiue)
Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:
CORPORATE SEAL
CORPORATE SEAL
• EVIDENCEMUSTBEATTACHEDOFTHEAUTHORITYOFANYPERSONSIGNING ASATTORNEY--IN-FACT.
• THEATrORNEY-IN-FACTSSIGNATUREMUSTBENOTARIZED.
• ACORPORATE SEAL MUST BEIMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR
BOTH, AREA CORPORATION.
BF9of38
BIDDING FORMS
BIDDER'S STATEMENT OF QUALIFICATIONS
1. ORGANIZATION
1.1 How many years has your organization been in business as a Contractor?
1.2 How many years has your organization been in business under its present name?
1.2.1 Under what other names has your organization operated?
1.3
1.4
1.5
If your organization is a corporation, answer the following:
1.3.1 Date of incorporation/organization:
1.3.2 State of incorporation/organization:
1.3.3 Corporate ID number:
1.3.4 Name of President:
1.3.5 Agent for Service of Process:
If your organization is a partnership, answer the following:
1.4.1 Date of organizationiformation:
1.4.2
1.4.3
1.4.4
Type of partnership (if applicable):
Name(s) of general partner(s):
List all states in which you are registered and state ID numbers for each:
If your organization is individually owned, answer the following:
1.5.1 Date of organization:
1.5.2 Name of owner:
1.6 If the form of your organization is other than those listed above, describe it and name the
principals:
BF 11 of 38
BIDDING FORMS
2. LICENSING
2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or
license numbers, and category of license, if applicable.
2.2 List jurisdictions in which your organization's partnership or trade name is filed.
2.3 List any licensing suspensions and/or violations assessed against your organization within the past
five years.
3. EXPERIENCE
3.1 List the categories of Work that your organization normally performs with its own
3.2 On the Experience Form, list the project information that establishes that Bidder meets
the essential requirements for qualification set forth in the Mandatory Qualifications
paragraph of the Notice Inviting Bids for this Project.
3.3 (OPTIONAL): Have Subcontractors for (Insert specialty sub -contractor's work) Work
complete the Specialty Contractors' Statements of Qualifications (or Bidder to complete
if self -performing).
3.4 On a separate sheet, list projects to which your firm or business has been awarded a
government contract since your firm or business has been in existence (giving the name
and address of the project, the government agency, contact name and phone number, the
contract amount, and contract's starting date and ending date).
3.5 On a separate sheet, list the experience and present commitments of the key individuals of
your organization.
4. CLAIMS; LAWSUITS; CRIMINAL ACTS
For the following questions, the term "owner" does not include owners of stock in your firm if your
firm is a publicly -traded corporation.
4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or
employees been a defendant in court, or participated in an arbitration or mediation, on a
matter related to:
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BIDDING FORMS
4.2
4.3
4.1.1 The performance, non-performance, default, violation, or breach of a contract or
agreement?
❑ YES ❑ NO
4.1.2 A vehicle collision or accident involving your firm's employees?
❑ YES ❑ NO
4.1.3 Damage to real property arising out of your services or operations?
❑ YES ❑ NO
4.1.4 Employment -related litigation brought by an employee of your firm?
❑ YES ❑ NO
4.1.5 Payment to a subcontractor or supplier?
❑ YES ❑ NO
4.1.6 Defective, deficient, or substandard work?
❑ YES ❑ NO
If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or
entity that sued (i.e., "the plaintiff') or was involved in the mediation or arbitration; list the
date, court, court address, and case number; describe the facts and circumstances giving
rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach
additional sheets as necessary.
Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration
or mediation, against a government entity or a Client?
❑ YES ❑ NO
If YES, identify the government entity or client; list the date, court and case number;
describe the facts and circumstances about the claim for damages, or the lawsuit, or both;
and set forth the outcome or disposition. Attach additional sheets as necessary.
Are there any pending or outstanding judgments or liens against you, your firm, or any of
its owners, partners, officers, or employees?
❑ YES ❑ NO
If YES, identify the name of the person or entity entitled to payment; list the date court and
case number; describe the facts and circumstances giving rise to the judgment or lien; and
set forth the amount of the judgment or lien. Attach additional sheets if necessary.
BF 13 of 38
BIDDING FORMS
4.4 In the past five (5) years, has any govemment entity ever: (a) investigated, cited, disciplined,
or assessed any penalties against you, your firm, or any of its owners, partners, officers, or
employees, or (b) determined or concluded that your firm or any of its owners, partners,
officers, or employees violated any laws, rules, or regulations?
❑ YES ❑ NO
If YES, identify the govemment entity; list the date, and describe the facts and
circumstances about each instance. Attach additional sheets as necessary.
4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or
employees been convicted of a crime related to the bidding of a government contract, the
awarding of a government contract, or the performance of a govemment contract?
("Convicted" includes a verdict of guilty by a judge orjury, a plea of guilty, a plea of nolo
contendere, or a forfeiture of bail.)
❑ YES ❑ NO
If YES, identify the government entity; list the date, court and case number; describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or
employees been convicted of a crime involving embezzlement, theft, fraud, forgery,
bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records
or evidence, or receiving stolen property, or making or submitting a false claim?
❑ YES ❑ NO
If YES, identify the crime or offense; list the date, court and case number; describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been
convicted of a felony?
❑ YES ❑ NO
If YES, please explain the details of that conviction and, if so, whether you or said officer
have served his or her sentence.
4.8 In the past five (5) years, has a government entity determined or concluded that you, your
firm, or any of its owners, partners, officers or employees made or submitted a false claim
(including a false claim for payment), or made a material misrepresentation?
❑ YES ❑ NO
If YES, identify the govemment entity, and describe the facts and circumstances about
each instance. Attach additional sheets as necessary.
BF 14 of 38
BIDDING FORMS
4.9 Have you or your company ever been charged by any governmental agency for failure to
follow safety procedures? If YES, please explain.
❑ YES ❑ NO
4.10 Has any governmental agency ever submitted a complaint against you or your firm to the
California State Labor Commission for failure to submit certified payrolls? If your answer
is "Yes", please provide the details of such complaint.
❑ YES ❑ NO
5. FIRM'S OPERATIONAL STATUS
5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed
for bankruptcy, insolvency, receivership, or reorganization?
❑ YES ❑ NO
If YES, list the filing date, identify the court and case number; describe the facts and
circumstances giving rise to each instance; and set forth the disposition or current status.
Attach additional sheets as necessary.
5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions,
closings, layoffs or staff reductions?
❑ YES ❑ NO
If YES, list the filing date, and describe the facts and circumstances about each instance.
Attach additional sheets as necessary.
5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling,
or closing its business, or (b) laying off employees or reducing staff?
❑ YES ❑ NO
If YES, describe the transaction; list the anticipated date for completing the transaction,
laying off employees, or reducing staff; and describe the facts, circumstances, and reason
for taking the action. Attach additional sheets as necessary.
6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE
6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise
prevented you or your firm from bidding on, contracting, or completing a construction
project?
❑ YES ❑ NO
BF 15 of 38
BIDDING FORMS
If YES, identify the name of the government entity, list the date, and describe the facts
and circumstances about each instance, and state the reason for the government entity's
action against your fine. Attach additional sheets as necessary.
6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you
or your firm is a "non -responsible" bidder or proposer?
❑ YES ❑ NO
If YES, identify the name of the government entity, list the date, describe the facts and
circumstances about each instance, and state the reason or basis for the government
entity's determining that your firm was a "non -responsible" bidder. Attach additional
sheets as necessary.
6.3. Have you or your firm ever failed to fulfill or perform — either partially or completely — a
contract or an agreement with a government entity or a client?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of
another firm which failed to perform a contract or agreement?
❑ YES ❑ NO
If YES, list the date, and describe the facts and circumstances about each instance. Attach
additional sheets as necessary.
6.5. Has your firm ever advised a government entity or a client, while your firm was under
contract with the government entity or client, that your firm could not (or would not) fulfill or
perform — either partially or completely — the contract or the agreement based on the prices
that your firm had originally submitted in a Bid or a Proposal?
❑ YES ❑ NO
If YES, list the date, identify the name of the government entity or client, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.6. Has your firm ever requested a government entity or a client, while your firm was under
contract with the government entity or client, to renegotiate one or more terms of the existing
contract or agreement?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
BF16of38
BIDDING FORMS
6.7. Has your firm ever requested a government entity or a client, while your firm was under
contract with the government entity or client, to: (a) cancel the contract or agreement, or
(b) release or discharge your firm form the contract or agreement?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.8. Has a government entity or a client ever terminated, suspended, or non -renewed your
firm's contract or agreement before its completion?
❑ YES ❑ NO
If YES, identify the name of the government entity, list the date, and describe the facts
and circumstances about each instance. Attach additional sheets as necessary.
6.9. Has a government entity or a client ever notified or advised your firm that your firm's
performance under a contract or agreement was poor, sub -standard, deficient, or non-
compliant?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated
damages on a contract or agreement?
❑ YES ❑ NO
If YES, identify all such contracts/projects by owner, owners address, the date of
completion of the project, amount of liquidated damages assessed, and all other information
necessary to fully explain the assessment or payment of liquidated damages. Attach
additional sheets as necessary.
INSURANCE AND BONDS
7.1. In the past ten years, has an insurance company or a surety company:
7.1.1. Refused to insure your firm for liability coverage?
❑ YES ❑ NO
7.1.2. Canceled or non -renewed your firm's insurance coverage?
❑ YES ❑ NO
7.1.3. Refused to issue your firm a bond?
❑ YES ❑ NO
BF17of38
BIDDING FORMS
7.1.4. Canceled or revoked a bond obtained by your firm?
❑ YES ❑ NO
If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance
company or surety company, list the date, and describe the facts and circumstances about
each instance. Attach addition sheets as necessary.
7.2 In the past ten (10) years, has an insurance company or surety company made any
payments on your firm's behalf as a result of a default, to satisfy any claims against a
performance bond, payment bond, or maintenance bond issued on your firm's behalf?
❑ YES ❑ NO
If YES, identify each contract completed or amount of each claim, the name and telephone
number of the claimant, the date, grounds and current status of the claim, and if resolved,
the method, nature, and amount of the resolution. Attach addition sheets as necessary.
8. SURETY
8.1 If a performance and/or payment bond is required by this bid, identify the bonding company
if arrangements for the bond have been made; if not, identify the bonding company for the
Contractor's most recent project:
8.2 Name and address of agent:
All of the above statements as to experience, financial qualifications, and available plant and equipment are
submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the
information is guaranteed by the Bidder.
I hereby certify under penalty of perjury under the laws of the state of California that the representation made
herein are true and correct.
Signature of Bidder
BF 18 of 38
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BIDDING FORMS
Company Name:
Primary Type of Work:
Person Completing Form:
Title:
Date:
2.
3.
4.
CONTRACTOR SAFETY QUESTIONNAIRE
Phone Number:
SAFETY PERFORMANCE
List your company's Interstate Experience Rating Modifier (ERM)l for the three most recent years.
20
20
20
List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years.
20 20_ 20_
a. Fatalities
b. OSHA recordable incidents
c. Lost work day incidents
d. Total lost work days
e. Total hours worked
Please provide copies of the following items (a-g); and Items (d-g) for each listed Subcontractor
a). OSHA 300 logs for the most recent three years
and current year-to-date
b). Verification of ERM from your insurance carrier
c). Injury/Illness Report
d). Complete written Safety Program
Company Safety Contact:
a. Name
b. Phone
a). Training Plans
Q. Training Certificates for Employees
g). Emergency Response Training
ERM = applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and
ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium.
BF 20 of 39
BIDDING FORMS
4
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATION
a. Do you have a written safety program manual?
1) Last revision date
Circle One
Yes No
b. Do you have a written safety field manual? Yes No
c. Are all workers given a booklet that contains work rules,
responsibilities, and other appropriate information? Yes No
POLICY AND MANAGEMENT SUPPORT
a. Do you have a safety policy statement from an officer of Yes No
the company?
b. Do you have a disciplinary process for enforcement Yes No
of your safety program?
c. Does management set corporate safety goals? Yes No
d. Does executive management review:
❑ Accident reports? Yes No
❑ Safety statistics? Yes No
❑ Inspection reports? Yes No
e. Do you safety pre -qualify subcontractors? Yes No
f. Do you have a written policy on accident reporting Yes No
and investigation?
g. Do you have a light -duty, return -to -work policy? Yes No
h. Is safety part of your supervisor's performance evaluation? Yes No
i. Do you have a personal protective equipment (PPE) policy? Yes No
j. Do you have a written substance abuse program? Yes No
If yes, does it include (check all applicable boxes):
❑ Pre -employment testing ❑ Retum-to-duty testing
❑ Random testing ❑ Disciplinary process
❑ Reasonable cause testing ❑ Alcohol testing
❑ Post accident testing ❑ National Institute on Drug Abuse
❑ Panel Screen
k. Does each level of management have assigned safety Yes No
duties and responsibilities?
BF 21 of 39
BIDDING FORMS
3. TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee? Yes No
b. Do you conduct site safety orientation for every Yes No
person new to the job site?
c. Does your safety program require safety training meetings? Yes No
for each supervisor (foreman and above)?
How often?
❑ Weekly ❑ Monthly ❑ Quarterly ❑ Annually ❑ Other
d. Do you hold tool box/tailgate safety meetings
focused on your specific work operations/exposures? Yes No
How often?
❑ Weekly ❑ Daily ❑ Other
e. Do you require equipment operation/certification training? Yes No
4. ADMINISTRATION AND PROCEDURES
a. Does your written safety program address
administrative procedures? Yes No
If yes, check which apply:
_ Pre project/task planning
_ Record keeping
_ Safety committees
_ HAZCOM
_ Substance abuse prevention
Return -to -work
b. Do you have project safety committees?
_ Emergency procedures
-Audits/inspections
_ Accident investigations/reporting
_ Training documentation
_ Hazardous work permits
Subcontractor prequalification
Yes No
c. Do you conduct job site safety inspections? Yes No
How often?
❑ Daily ❑ Weekly ❑ Monthly ❑ Other
Do these inspections includes a routine safety
inspection of equipment (e.g., scaffold, ladders, fire
extinguishers, etc.)? Yes No
d. Do you investigate accidents? Yes No
How are they reported?
❑ Total company ❑ By superintendent
❑ By project ❑ By project manager
❑ By foreman ❑ In accordance with OSHA
e. Do you discuss safety at all preconstruction and progress meetings? Yes No
BF 22 of 39
BIDDING FORMS
Do you perform rigging and lifting checks prior to lifting? Yes No
❑ For personnel ❑ For equipment ❑ Heavy lifts (more than 10,000 lbs.)
f•�ri�L�L�Cl����
a.
Do you periodically update work rules?
When was the last update?
b. What work practices are addressed by your work rules?
Yes No
❑ CPR/first aid
❑ Access—entrances/stairs
❑ Barricades, signs,
❑ Respiratory protection
and signals
❑ Blasting
❑ Material handling/storage
❑ Communications
❑ Temporary heat
❑ Compressed air and gases
❑ Vehicle safety
❑ Concrete work
❑ Traffic control
❑ Confined -space entry
❑ Site visitor escorting
❑ Cranes/rigging and hoisting
❑ Public protection
❑ Electrical grounding
❑ Equipment guards and grounding
❑ Environmental controls and
❑ Monitoring equipment
Occupational health
❑ Emergency procedures
❑ Flammable material handling/storage
❑ Fire protection and prevention
❑ Site sanitation
❑ Floor and wall openings
❑ Trenching and excavating
❑ Fall protection
❑ Lockout/Tagout
❑ Housekeeping
❑ Energized/pressurized equipment
❑ Ladders and scaffolds
❑ Mechanical equipment/
❑ Personal protective equipment
maintenance/pre-op checks/
❑ Tools, power and hand
operation
❑ Electrical power lines
❑ Welding and cutting (hot work)
❑ Other
6. OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years? Yes No
b. Were these inspections in response to complaints? Yes No
c. Have you been cited as a result of these inspections? Yes No
If yes, describe the citations (add additional sheets if necessary):
BF 23 of 39
BIDDING FORMS
DESIGNATION OF SUBCONTRACTORS
NAME OF BIDDER:
Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render
service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of
California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement
according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent
of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty
certifications, when listed.
Bidder must provide the following information for EACH Subcontractor.
1. The name of the Subcontractor;
2. The trade and type of work that the Subcontractor will perform;
3. Location (address) of Subcontractor's place of business;
4. Subcontractor's license number; and any specialty licenses; and
5. Dollar value of the Work that the Subcontractor will perform.
Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to
which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity,
and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency
or necessity.
If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise
the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than
ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the
prime Contract is awarded.
If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade
or type of Work to be performed under the Contract In excess of one-half of one percent of the Contractor's Base Bid Amount,
then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that
Work himself/herself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to
the statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOLLOWING PAGE
BF 24 of 39
BIDDING FORMS
The Contractor shall not:
A. Substitute any personas Subcontractor in place of the Subcontractor listed in the original Bid, except that
the City may consent to the substitution of another person as Subcontractor in any of the following
situations:
1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or
refuses to execute a written contract for the scope of Work specified in the Subcontractors bid and
at the price specified in the Subcontractor's bid, when that written contract, based upon the general
terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written
Bid, is presented to the Subcontractor by the Contractor;
2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
3. When the listed Subcontractor fails or refuses to perform his/her subcontract;
4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as
set forth in Public Contract Code Section 4108;
5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the
result of an inadvertent clerical error;
6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law;
7. When the City determines that the Work performed by the listed Subcontractor is substantially
unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the
Subcontractor is substantially delaying or disrupting the progress of the Work;
8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code; or
9. When the City determines that the listed Subcontractor is not a responsible contractor.
B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone
other than the original Subcontractor listed in the original Bid, without the consent of the City.
C. Other than in the performance of "change orders" causing changes or deviations from the original
Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the
Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor.
Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the
listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be
served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who
has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the
substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution.
If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed
Subcontractor of a hearing by the City on the Contractor's request for substitution.
The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall
within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice
to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the
Contractor prior to the Bid Deadline.
BF 26 of 39
BIDDING FORMS
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with his/her Contract proposal.
Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your
bid? Yes ❑ No ❑
2. If the answer to No. 1 is "Yes", please forward a copy of the rules of each bid depository you used with this
questionnaire.
3. Did you have any source of subcontractors' bids other than bid depositories?
4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to
attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ❑ No ❑
5. If the answer to No. 4 is "Yes", please explain the following details:
(a)
Date:
(b)
Name of person or group:
(c)
Job involved (if applicable):
(d)
Nature of the threats:
(e)
Additional comments:
(Use additional paper if necessary)
6. Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area
subcontractors? Yes ❑ No ❑
Was a conscious effort made to recruit and hire project area lower -income residents?
Yes ❑ No ❑
Please submit statement.
8. We declare under penalty of perjury that the foregoing is true and correct.
Dated this day of 20_.
All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted
in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed
by the bidder.
Name of Company
A
Title:
BF 27 of 39
BIDDING FORMS
(OPTIONAL) SPECIALTY CONTRACTOR OR SUBCONTRACTOR STATEMENT OF
QUALIFICATIONS
(INSERT SPECIALTY CONTRACTOR OR SUBCONTRACTOR WORK)
As part of its Bid, Bidder shall submit this Statement of Qualifications for the Subcontractor that will perform the {Insert
specialty sub -contractor work), or for the Bidder itself, if Bidder will self -perform the (Insert specialty sub -contractor
work) Work. This information shall provide evidence to indicate successful experience in providing (Insert specialty sub-
contractor work) work comparable to that specified in the Project Drawings and Specifications. Referenced qualifications
shall demonstrate experience as a successful installer of (Insert description of the work to be performed).
A Bid may be rejected as non -responsive if Bidder fails to provide this completed form with the Bid or submits this form
with inaccurate information.
Mandatory qualifications: (OPTION 1) Specialty Contractor (or Bidder, if self -performing) shall possess a valid (Insert
applicable license number for the specified specialty sub -contractor work) California Contractors License at the
time of the Bid Deadline and at all times during performance of the Work and shall establish that it satisfactorily completed
at least (insert number of projects) U projects as the installer of a minimum of (Insert description of the work to be
performed); each comparable in scope and complexity to this Project, within (insert number of years) (_-) years prior to
the Bid Deadline. Note: (If applicable, insert any special notes).
(OPTION 2) Specialty Contractor (or Bidder, if self -performing) shall possess a valid (Insert Applicable license number
for the specified specialty sub -contractor work) California Contractors License at the time of the Bid Deadline and at
all times during performance of the Work and shall establish that it satisfactorily completed at least (insert number of
projects) public contracts for construction of a new (insert type of project) in California; each (staff choose (1) comparable
in scope and complexity to this Project, or (2) description or work to be performed) within (Insert number of years) (�
years prior to the Bid Deadline.
Specialty Contractor Name:
Project Manager / Foreman:
Phone No:
E-mail:
COMPARABLE PROJECTS (Provide (insert same # of projects as listed above)
1. Project Name:
Address:
Date Completed:
Reference / Contact Name:
Reference / Contact Phone No:
Description of work performed:
2. Project Name:
Address:
Date Completed:
BF 28 of 39
BIDDING FORMS
CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION
STATE OF CALIFORNIA
COUNTY OF
being first duly sworn, deposes and says:
1. That he/she is the (Title of office if a corporation, "sole owner," "Partner,"
or other proper title) of , (hereinafter called "Contractor")
who has submitted to the City of Vernon a Bid for the construction of the (INSERT PROJECT NAME);
2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true;
3. That said Bid is not made in the interest or behalf of any person, partnership, company, association,
organization, or corporation not named or disclosed;
4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with
anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix
the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of
Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the
interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract;
5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over
any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder,
or anyone else interested in the proposed Contract;
6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any
bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from
considering any bid from any Subcontractor or material supplier, which is not processed through said bid
depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who
does not use the facilities of or accept bids from or through such bid depository;
7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown
thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent thereof, or
111
111
111
111
BF 30 of 39
BIDDING FORMS
THE BIDDER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM
AND
THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS.
I, the undersigned (Please check one box) ❑ underwriter ❑ agent, certify that I and the Contractor listed below have
jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. If the City of
Vernon ("City") awards the Contractor the Contract for this project, I will be able —within fourteen (14) calendar days
after the Contractor is notified of the Contract's award —to furnish the City with valid insurance forms (including one or
more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements.
Name of Insurance Company
Insurance Agent's Name (Printed)
(signature)
Date
Insurance Agent's Name
Address City State Zip Code
Telephone Number FAX Number Email Address
Contractor's Name
City Specification Number
Below State the Name of Insurance Company Providing Coverage:
DO NOT write "Will Provide," "To Be Determined," "When Required," or similar phrases.
Commercial General Liability
Workers' Compensation Liability
City Will Purchase Policy, if required
Builders Risk
Automobile Liability
Pollution Liability
[NOTE TO CONTRACTOR: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining
Pollution Liability Insurance.]
NOTE TO THE UNDERWRITER / AGENT: If the insurance forms that the Contractor submits to the City do not fully
comply with the Insurance Requirements, and/or if the Contractor fails to submit the fors within the 14-day time limit,
the City may: (1) declare the Contractors Bid non -responsive, and (2) award the Contract to the next lowest responsible
Bidder.
BF 32 of 39
STANDARD FORM OF
CONSTRUCTION CONTRACT BETWEEN
CITY AND CONTRACTOR
This Agreement is made and entered into at Vernon, California this _ day of 20 _, by
and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and a
[Insert State of Incoroorationl corporation (hereinafter "Contractor"), for construction of (INSERT PROJECT NAME).
THE PARTIES HERETO AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS
The "Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the
following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this
reference, with the same force and effect as if set forth at length herein:
A. Governmental Approvals including, but not limited to, permits required for the Work;
B. This Agreement;
C. Exhibit 1—Performance Bond;
D. Exhibit 2 — Payment Bond;
E. Exhibit 3 — Maintenance Bond
F. Exhibit 4 — Insurance Requirements ;
G. Notice Inviting Bids;
H. Instructions to Bidders;
I. Bid Forms;
J. Designation of Subcontractors; and
K. Bidding Addenda Nos. _.
2. REFERENCE DOCUMENTS
The following Reference Documents are not considered Contract Documents and were provided to the Contractor for
informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non-
technical data, interpretations, opinions or provisional statements contained therein:
A. Geotechnical Reports dated ;
STANDARD CONTRACT FORM 33
B. Sewer Utility Plans
C. (List additional documents)
3. SCOPE OF WORK
Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract
Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools;
equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental
Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity
with the Contract Documents for:
(INSERT PROJECT NAME)
Specification No. XXXX
4. TIME FOR PERFORMANCE
Contract Time. Contractor shall achieve Substantial Completion of the Work within calendar days
from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to
adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within
the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be
adjusted as permitted by this Construction Contract and the General Conditions.
Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is
of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth
in the Contract Documents are reasonable for Contractor to perform and complete the Work.
Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the
Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of
($ ) per day for each calendar day occurring after the expiration of the Contract
Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by
Article 3 of the General Conditions of Contract.
Contractor Initial here:
STANDARD CONTRACT FORM 34
5. CONTRACT SUM
In consideration of the Contractor's full, complete, timely, and faithful performance of the Work required by the
Contract Documents, City shall pay Contractor the sum of
dollars/no cents
($ ), payable as set forth in the General Conditions ("Contract Sum"). (Optional: The actual direct
cost of all Permit Fees is excluded from the Contract Sum, however Contractor's cost of administration and
coordination of all Governmental Approvals and Utility Fees is included in the Contract Sum.)
6. (Optional: PERMIT FEE REIMBURSEMENT
In accordance with Paragraph 1.03 of the General Conditions, the City shall reimburse Contractor for
the documented actual direct cost of Permit Fees, without Allowable Mark-up, in addition to payment of the Contract
Sum.)
IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first
above written.
Executed at , California.
[Contractor's Corporate Seal]
CITY OF VERNON:
By: _
Name
Title:
Date:
ATTEST:
By:
Name:
Title:
[Contractor]:
By:
Printed Name:
Title:
Date:
An Authorized Signatory
APPROVED AS TO FORM:
By: _
Name:
Title:
CONTRACTOR'S SIGNATURE MUST BE NOTARIZED
STANDARD CONTRACT FORM 35
LIVING WAGE COMPLIANCE CERTIFICATION
This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code
Chapter 2, Article XVIII ("Ordinance"). The Ordinance requires that service contractors
providing labor or services to the City by contract in excess of $25,000:
Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or
eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all
employees, as defined in the Ordinance who, at any time, provide labor or delivery services
to the City of Vernon. Additionally, on July 1st of each year thereafter the Living Wage rate
shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price
Index, for the Los Angeles area, for the most recently available 12 month period.
Accordingly, current City contractors will be required to adjust wage rates no later than July
1st, to remain in compliance.
Notify employees who spend any of their time providing labor or delivering services to the
City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the
federal Earned Income Tax Credit (EITC) under § 32 of the Internal Revenue Code of 1954,
26 U.S.C. § 32, and making available to such employees forms required to secure advance
EITC payments.
♦ If there is a difference between the Vernon Living Wage rates and the California Prevailing
wage rates for the same classification of labor, the Contractor and subcontractor shall not pay
less than the highest wage rate for that classification.
The selected contractor will be required to show compliance with the Living Wage Ordinance by
submitting payroll records as requested by the City. Each record shall include the full name of
each employee performing labor or providing services under the contract; job classification; rate
of pay and benefit rate.
Provisions of the Living Wage Ordinance may be waived in a bona fide collective
bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous
terms. If this provision applies, you must provide a copy of the collective bargaining agreement
to the City.
I do hereby certify and declare under penalty of perjury that if awarded the contract for which
this bid/proposal is made. will comply with the
(Name of Company)
requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article
XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply
with the provisions of the Vernon Living Wage Ordinance may result in termination of the
contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII.
(Name) (Title)
(Signature) (Date)
Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be
directed to the Department of Finance — Purchasing Division 323.583.8811.
STANDARD CONTRACT FORM 36
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
Purchasing & Payables Division
4305 Santa Fe AvenueVernou, CA 90058
(323) 583-8811 Fax (323) 826-1433
Internet: www.citvofvernon.org/departments/finance
Article I. Affidavit of Equal Opportunity Employment &
Non -segregation (Form AA-1)
Article II. Vendor List Questionnaire (Forms AA-2 &3)
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the
following information except where indicated as `optional." By submitting this form you are declaring
under penalty of perjury under the laws of the State of California and the laws of the United States that the
information is true and correct. Furthermore, you are certifying that your firm will adhere to equal
opportunity employment practices to assure that applicants and employees are not discriminated against
because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does
not and will not maintain or provide for its employees any segregated facilities at any of its establishments,
and that it does not and will not permit its employees to perform their services at any location, under its
control, where segregated facilities are maintained.
Name of Company:
Address:
City
Contact Person
State Zip
Tax ID Number (or Social Security Number)
Remit Address (if different)
E-mail Address
Business Telephone
Fax number:
(optional)
(optional)
Please state clearly and concisely the type(s) of goods and services your company provides:
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please
check all that apply):
African -American Asian_ Armenian_ Hispanic_ Native American_
Disabled Female
STANDARD CONTRACT FORM 0
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 5, 2015
TO: Hema Patel, City Attorney n�^
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2015-10 — A Resolution of the City Council of the City of Vernon
Approving the Notice Inviting Bids, Bid Form and Project Specifications, Instructions to
Bidders and Specifications and Contract
Transmitted herewith is a copy of Resolution No. 2015-10 referenced above, which was approved by City
Council on March 3, 2015.
Thank you.
Attachment
c: Purchasing Department
Resolution No. 2015-10