HomeMy WebLinkAboutC-2210CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
REMOVE & REPLACE CONTROLLER CABINETS
1. PARTIES AND DATE.
C- aQ fo
This Contract is made and entered into this _hdday of hl
2006 by and between the City. of Arcadia, a municipal organization organi ed under
the laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, California 91007 ( "City ") and Oak Engineering Inc. a
California Corporation, with its principal place of business at 1305 West Second Street,
Pomona, CA. 91766 ( "Contractor'). City and Contractor are sometimes individually
referred to as "Party" and collectively as "Parties." City and Contractor are sometimes
individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Cam. City is a municipal corporation organized under the laws of the State
of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for
the provision of certain construction services required by the City on the terms and
conditions set forth in this Contract. Contractor represents that it is experienced in
providing traffic signal controller cabinet installation services to public clients, that it and
its employees or subcontractors have all necessary licenses and permits to perform the
Services in the State of California, and that is familiar with the plans of City.
2.3 Project. City desires to engage Contractor to render such services for the
Remove and Replace Traffic Controller Cabinets ( "Project ") as set forth in this
Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, General Liability Insurance Certificate with an Additional Insured
Endorsement, Automobile Liability Insurance Certificate with an Additional Insured
Endorsement, Workers Compensation Insurance Certificate and Waiver of Subrogation
as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby
incorporates in full by reference the following documents, including all exhibits,
drawings, specifications and documents therein, and attachments and addenda thereto:
Exhibit "A" Plans and Specifications and Exhibit "B" Location Map.
3.2 Contractor's Basic Obligation: Scope of Work. Contractor promises and
agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools,
equipment, services, and incidental and customary work necessary to fully and
adequately complete the Project, including all structures and facilities necessary for the
Project or described in the Contract (hereinafter sometimes referred to as the "Work "),
for a Total Contract Price as specified pursuant to this Contract. All Work shall be
subject to, and performed in accordance with the above referenced documents, as well
as the exhibits attached hereto and incorporated herein by reference. The plans and
specifications for the Work are further described in Exhibit "A" attached hereto and
incorporated herein by this reference. Special conditions, if any, relating to the Work
are described in Exhibit "B" attached hereto and incorporated herein by this reference.
3.3 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially
affecting the performance or nature of the Work shall not be paid for or accepted unless
such change, addition or deletion is approved in advance and in writing by a valid
change order executed by the City.
3.4 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Work under this Contract within 30 calendar days beginning the
effective date of the Notice to Proceed ( "Contract Time "). Contractor shall perform its
Work in strict accordance with any completion schedule, construction schedule or
project milestones developed by the City. Such schedules or milestones may be
included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in
writing to the Contractor. Contractor agrees that if such Work is not completed within
the aforementioned Contract Time and /or pursuant to any such completion schedule,
construction schedule or project milestones developed pursuant to provisions of the
Contract, it is understood, acknowledged and agreed that the City will suffer damage.
Since it is impractical and infeasible to determine the amount of actual damage, it is
agreed that the Contractor shall pay to the City as fixed and liquidated damages, and
not as a penalty, the sum of two hundred fifty dollars ($250.00) per day for each and
every calendar day of delay beyond the Contract Time or beyond any completion
schedule, construction schedule or Project milestones established pursuant to the
Contract.
3.5 Standard of Performance; Performance of Employees. Contractor shall
perform all Work under this Contract in a skillful and workmanlike manner, and
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Contractor represents and maintains
that it is skilled in the professional calling necessary to perform the Work. Contractor
warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Work assigned to them. Finally, Contractor represents that it,
its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, including a
City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Contract. As provided for in the indemnification provisions of
this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which
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are caused by the Contractor's failure to comply with the standard of care provided for
herein. Any employee who is determined by the City to be uncooperative, incompetent,
a threat to the safety of persons or the Work, or any employee who fails or refuses to
perform the Work in a manner acceptable to the City, shall be promptly removed from
the Project by the Contractor and shall not be re- employed on the Work.
3.6 Control and Payment of Subordinates: Contractual Relationship. City
retains Contractor on an independent contractor basis and Contractor is not an
employee of City. Any additional personnel performing the work governed by this
Contract on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Contractor shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance under this Contract and as
required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, and workers' compensation
insurance.
3.7 City's Basic Obligation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work
according to the terms and conditions herein contained for the sum set forth above.
Except as otherwise provided in the Contract, the City shall pay to Contractor, as full
consideration for the satisfactory performance by the Contractor of the services and
obligations required by this Contract, the above referenced compensation in accordance
with compensation provisions set forth in the Contract.
3.8 Compensation and Payment.
3.8.1 Amount of Compensation. As consideration for performance of the
Work required herein, City agrees to pay Contractor the Total Contract Price of Twenty
three thousand two hundred dollars and zero cents ($23,200.00) ( "Total Contract Price ")
provided that such amount shall be subject to adjustment pursuant to the applicable
terms of this Contract or written change orders approved and signed in advance by the
City.
3.8.2 Payment of Compensation. If the Work is scheduled for completion
in thirty (30) or less calendar days, City will arrange for payment of the Total Contract
Price upon completion and approval by City of the Work. If the Work is scheduled for
completion in more than thirty (30) calendar days, City will pay Contractor on a monthly
basis as provided for herein. On or before the fifth (5th) day of each month, Contractor
shall submit to the City an itemized application for payment in the format supplied by the
City indicating the amount of Work completed since commencement of the Work or
since the last progress payment. These applications shall be supported by evidence
which is required by this Contract and such other documentation as the City may
require. The Contractor shall certify that the Work for which payment is requested has
been done and that the materials listed are stored where indicated. Contractor may be
required to furnish a detailed schedule of values upon request of the City and in such
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detail and form as the City shall request, showing the quantities, unit prices, overhead,
profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments.
City shall review and pay all progress payment requests in accordance
with the provisions set forth in Section 20104.50 of the California Public Contract Code.
No progress payments will be made for Work not completed in accordance with this
Contract.
3.8.3 Contract Retentions. [Intentionally omitted]
3.8.4 Other Retentions. [Intentionally omitted]
3.8.5 Substitutions for Contract Retentions. [Intentionally omitted]
3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors
for and on account of work performed by such subcontractors in accordance with the
terms of their respective subcontracts and as provided for in Section 10262 of the
California Public Contract Code. Such payments to subcontractors shall be based on
the measurements and estimates made and progress payments provided to Contractor
pursuant to this Contract.
3.8.7 Title to Work. As security for partial, progress, or other payments,
title to Work for which such payments are made shall pass to the City at the time of
payment. To the extent that title has not previously been vested in the City by reason of
payments, full title shall pass to the City at delivery of the Work at the destination and
time specified in this Contract. Such transferred title shall in each case be good, free
and clear from any and all security interests, liens, or other encumbrances. Contractor
promises and agrees that it will not pledge, hypothecate, or otherwise encumber the
items in any manner that would result in any lien, security interest, charge, or claim
upon or against said items. Such transfer of title shall not imply acceptance by the City,
nor relieve Contractor from the responsibility to strictly comply with the Contract, and
shall not relieve Contractor of responsibility for any loss of or damage to items.
3.9 Termination. This Contract may be terminated by City at any time by
giving Contractor three (3) days advance written notice. In the event of termination by
City for any reason other than the fault of Contractor, City shall pay Contractor for all
Work performed up to that time as provided herein. In the event of breach of the
Contract by Contractor, City may terminate the Contract immediately without notice,
may reduce payment to the Contractor in the amount necessary to offset City's resulting
damages, and may pursue any other available recourse against Contractor. Contractor
may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may
procure, upon such terms and in such manner as it may determine appropriate, services
similar to those terminated. Further, if this Contract is terminated as provided, City may
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require Contractor to provide all finished or unfinished documents, data, diagrams,
drawings, materials or other matter prepared or built by Contractor in connection with its
performance of this Contract.
3.10 Completion of Work. When the Contractor determines that it has
completed the Work required herein, Contractor shall so notify City in writing and shall
furnish all labor and material releases required by this Contract. City shall thereupon
inspect the Work. If the Work is not acceptable to the City, the City shall indicate to
Contractor in writing the specific portions or items of Work which are unsatisfactory or
incomplete. Once Contractor determines that it has completed the incomplete or
unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work
is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to
be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with
Section 7107 of the California Public Contract Code.
3.11 City's Representative. The City hereby designates Philip A. Wray, City
Engineer or his designee, to act as its representative for the performance of this
Contract ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept
direction or orders from any person other than the City's Representative or his or here
designee.
3.12 Contractor's Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications and experience of its proposed representative
who shall be subject to the review and approval of the City ( "Contractor's
Representative "). Following approval by the City, the Contractor's Representative shall
have full authority to represent and act on behalf of the Contractor for all purposes
under this Contract. The Contractor's Representative shall supervise and direct the
Work, using his best skill and attention, and shall be responsible for all construction
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Work under this Contract. Contractor's Representative
shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in
progress and at any time that any employee or subcontractor of Contractor is present at
the Work site. Arrangements for responsible supervision, acceptable to the City, shall
be made for emergency Work which may be required. Should Contractor desire to
change its Contractor's Representative, Contractor shall provide the information
specified above and obtain the City's written approval.
3.13 Contract Interpretation. Should any question arise regarding the meaning
or import of any of the provisions of this Contract or written or oral instructions from
City, the matter shall be referred to City's Representative, whose decision shall be
binding upon Contractor.
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3.14 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Work agreed to herein, or from the
action of the elements, or from any unforeseen difficulties which may arise or be
encountered in the prosecution of the Work until the same is fully completed and
accepted by City. However, Contractor shall be responsible for damage proximately
caused by Acts of God, within the meaning of Section 4150 of the California
Government Code, only to the extent of five percent (5 %) of the Total Contract Price as
specified herein. In the event of damage proximately caused by "Acts of God," the City
may terminate this Contract upon three (3) days advanced written notice.
3.15 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising
out of or incident to any acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection
with the performance of the Work or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Contractor shall
reimburse City and its directors, officials, officers, employees, agents and /or volunteers,
for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided.
3.16 Insurance.
3.16.1 Time for Compliance. Contractor shall not commence Work
under this Contract until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Contractor shall not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this section.
3.16.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with
the performance of the Work hereunder by the Contractor, its agents, representatives,
employees or subcontractors. Contractor shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Contract. Such
insurance shall meet at least the following minimum levels of coverage:
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3.16.2.1 Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage form number
CA 0001, code 1 (any auto); (3) Workers' Compensation and Employers' Liability.
Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance; and (4) Builders %All Risk: Builders' /All Risk insurance covering for all
risks of loss, including explosion, collapse, underground excavation and removal of
lateral support (and including earthquakes and floods if requested by the City).
3.16.2.2 Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this Contract/location or the general aggregate limit shall be
twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for
bodily injury and property damage; (3) Workers' Compensation and Employer's Liability.
Workers' compensation limits as required by the Labor Code of the State of California.
Employers Liability limits of $1,000,000 per accident for bodily injury or disease; and (4)
Builders %All Risk: Completed value of the project.
3.16.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms
supplied or approved by the City to add the following provisions to the insurance
policies:
3.16.3.1 General Liability. (1) The City, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insureds with
respect to the Work or operations performed by or on behalf of the Contractor, including
materials, parts or equipment furnished in connection with such work; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, employees, agents and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage.
Any insurance or self- insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Contractor's insurance and
shall not be called upon to contribute with it.
3.16.3.2 Automobile Liability. (1) The City, its directors,
officials, officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the ownership, operation, maintenance, use, loading or
unloading of any auto owned, leased, hired or borrowed by the Contractor or for which
the Contractor is responsible; and (2) the insurance coverage shall be primary
insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Contractor's scheduled underlying coverage. Any insurance or self- insurance
maintained by the City, its directors, officials, officers, employees, agents and
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volunteers shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way.
3.16.3.3 Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid under the
terms of the insurance policy which arise from work performed by the Contractor.
3.16.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City; and (2) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers.
3.16.4 Builders'/All Risk Policy Requirements. [Intentionally
omitted]
3.16.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
3.16.6 Professional Liability Insurance. (Intentionally omitted]
3.16.7 Deductibles and Self- Insurance Retentions. Any deductibles
or self- insured retentions must be declared to and approved by the City. Contractor
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or
eliminate such deductibles or self- insured retentions as respects the City, its directors,
officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure
a bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.16.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.16.9 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Contract on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf, and shall be on forms supplied or approved by the City. All certificates
and endorsements must be received and approved by the City before work
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commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
3.16.10 Subcontractors. All subcontractors shall meet the requirements of
this Section before commencing Work. In addition, Contractor shall include all
subcontractors as insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
3.17 Bond Requirements. [Intentionally omitted]
3.18 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. Contractor shall comply with the
requirements of the specifications relating to safety measures applicable in particular
operations or kinds of work. In carrying out its Work, the Contractor shall at all times be
in compliance with all applicable local, state and federal laws, rules and regulations, and
shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the Work and the conditions under which the Work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to, adequate life
protection and life saving equipment; adequate illumination for underground and night
operations; instructions in accident prevention for all employees, such as machinery
guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment
and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and adequate facilities for the proper inspection and maintenance of all safety
measures. Furthermore, Contractor shall prominently display the names and telephone
numbers of at least two medical doctors practicing in the vicinity of the Project, as well
as the telephone number of the local ambulance service, adjacent to all telephones at
the Project site.
3.19 Warranty. Contractor warrants all Work under the Contract (which for
purposes of this Section shall be deemed to include unauthorized work which has not
been removed and any non - conforming materials incorporated into the Work) to be of
good quality and free from any defective or faulty material and workmanship.
Contractor agrees that for a period of one year (or the period of time specified
elsewhere in the Contract or in any guarantee or warranty provided by any
manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Work or
non - conformance of the Work to the Contract, commence and prosecute with due
diligence all Work necessary to fulfill the terms of the warranty at its sole cost and
expense. Contractor shall act sooner as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair and
replace any portions of the Work (or work of other contractors) damaged by its defective
Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective
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Work shall be reinstated for an additional one year period, commencing with the date of
acceptance of such corrected Work. Contractor shall perform such tests as the City
may require to verify that any corrective actions, including, without limitation, redesign,
repairs, and replacements comply with the requirements of the Contract. All costs
associated with such corrective actions and testing, including the removal, replacement,
and reinstitution of equipment and materials necessary to gain access, shall be the sole
responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the Work, whether express
or implied, are deemed to be obtained by Contractor for the benefit of the City,
regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that
Contractor fails to perform its obligations under this Section, or under any other
warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non - conforming Work
and any work damaged by such work or the replacement or correction thereof at
Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for
any expenses incurred hereunder upon demand.
3.20 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Contract or the Work, including all Cal /OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Work. If the Contractor
observes that the drawings or specifications are at variance with any law, rule or
regulation, it shall promptly notify the City in writing. Any necessary changes shall be
made by written change order. If the Contractor performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
the Contractor shall be solely responsible for all costs arising therefrom. Contractor
shall defend, indemnify and hold City, its officials, directors, officers, employees and
agents free and harmless, pursuant to the indemnification provisions of this Contract,
from any claim or liability arising out of any failure or alleged failure to comply with such
laws, rules or regulations.
3.21 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not
limited to, a City Business License. While Contractor will not be charged a fee for any
City permits, Contractor shall pay the City's applicable business license fee.
3.22 Trenching Work. [Intentionally omitted]
3.23 Hazardous Materials and Differing Conditions. [Intentionally omitted]
3.24 Underground Utility Facilities. To the extent required by Section 4215 of
the California Government Code, City shall compensate Contractor for the costs of: (1)
locating and repairing damage to underground utility facilities not caused by the failure
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of Contractor to exercise reasonable care;, (2) removing or relocating underground utility
facilities not indicated in the construction drawings; and (3) equipment necessarily idled
during such work. Contractor shall not be assessed liquidated damages for delay
caused by failure of City to provide for removal or relocation of such utility facilities.
3.25 Prevailing Wages. [Intentionally omitted]
3.26 Apprenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section
1777.5 of the California Labor Code with respect to the employment of properly
registered apprentices upon public works. The primary responsibility for compliance
with said section for all apprenticeable occupations shall be with Contractor.
3.27 Hours of Work. Contractor is advised that eight (8) hours labor constitutes
a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor
shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to
work more than eight (8) hours in any one calendar day and forty (40) hours in any one
calendar week, except when payment for overtime is made at not less than one and
one -half (1 -1/2) times the basic rate for that worker.
3.28 Payroll Records. In accordance with the requirements of California Labor
Code Section 1776, Contractor shall keep accurate payroll records which are either on
forms provided by the Division of Labor Standards Enforcement or which contain the
same information required by such forms. Responsibility for compliance with California
Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all
such records available for inspection at all reasonable hours.
3.29 Contractor's Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code
which require every employer to be insured against liability for Worker's Compensation
or to undertake self - insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of the
Work. A certification form for this purpose, which is attached to this Contract as Exhibit
"C" and incorporated herein by reference, shall be executed simultaneously with this
Contract.
3.30 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for,
the work governed by this Contract prior to final payment by City.
3.31 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, sex,
age or other interests protected by the State or Federal Constitutions. Such non-
discrimination shall include, but not be limited to, all activities related to initial
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employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
3.32 Anti -Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this
Contract to supply goods, services or materials, the Contractor hereby offers and
agrees to assign to the City all rights, title, and interest in and to all causes of action it
may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the
Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of
the Business and Professions Code) arising from purchases of goods, services, or
materials pursuant to the Contract. This assignment shall be made and become
effective at the time the City tender final payment to the Contractor, without further
acknowledgment by the Parties.
3.33 Notices. All notices hereunder and communications regarding inter-
pretation of the terms of the Contract or changes thereto shall be provided by the
mailing thereof by registered or certified mail, return receipt requested, postage prepaid
and addressed as follows:
City
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: Philip A. Wray
City Engineer
Contractor
Oak Engineering Inc.
1305 West Second Street
Pomona CA 91766
Attn: Mike Fahham
Any notice so given shall be considered received by the other Party three (3) days after
deposit in the U.S. Mail as stated above and addressed to the Party at the above
address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.34 Entire Contract: Modification. This Contract contains the entire agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a
writing signed by both Parties.
3.35 Time of Essence. Time is of the essence in the performance of this
Contract.
3.36 Assignment Forbidden. Contractor shall not, either voluntarily or by action
of law, assign or transfer this Contract or any obligation, right, title or interest assumed
by Contractor herein without the prior written consent of City. If Contractor attempts an
assignment or transfer of this Contract or any obligation, right, title or interest herein,
City may, at its option, terminate and revoke the Contract and shall thereupon be
relieved from any and all obligations to Contractor or its assignee or transferee.
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3.37 Governing Law. This Contract shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.38 Counterparts. This Contract may be executed in counterparts, each of
which shall constitute an original.
3.39 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the
provisions contained in this Contract.
3.40 Attorneys' Fees. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing Party in such action shall be entitled to have and recover from
the losing Party reasonable attorneys' fees and all other costs of such action.
3.41 Claims of $375,000 or Less. Notwithstanding any other provision herein,
claims of $375,000 or less shall be resolved pursuant to the alternative dispute
resolution procedures set forth in California Public Contract Code §§ 20104, et seq.
3.42 Prohibited Interests.
3.42.1 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Contract. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty, City shall have the
right to terminate this Contract without liability.
3.42.2 Conflict of Interest. For the term of this Contract, no member,
officer or employee of City, during the term of his or her service with City, shall have any
direct interest in this Contract, or obtain any present or anticipated material benefit
arising therefrom.
3.43 Certification of License. Contractor certifies that as of the date of
execution of this Contract, Contractor has a current contractor's license of the
classification indicated below under Contractor's signature.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be
executed on the day and year first above written.
[SIGNATURES ON NEXT PAGE]
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CITY OF ARCADIA
C
William R. Kelly
City Manager
Attest:
City Clerk
Approved as to form:
Stephen Deitsch
City Attorney
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OAK ENGINEERING, INC.
LOW
Attest: 4tjX
�j
Classification of Contractor's License
• •
EXHIBIT "A"
PLANS AND SPECIFICATIONS
See attached.
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TECHNICAL PROVISIONS
SECTION 1. SITE MAINTENANCE
1.01 General. The Contractor shall maintain the construction site in a neat and orderly
condition, free from trash and waste construction materials at all times. Unattended
construction materials, equipment, and trash shall be left in a manner to not constitute a fire
hazard nor become a nuisance or danger due to rain, wind, or other forces of nature
The Contractor shall provide proper barricades and temporary fencing to insure a safe
construction site. The Contractor shall maintain the work site in a manner that assures
adequate access to workers and other authorized personnel.
Traffic control shall conform to the Caltran's Manual of Traffic Controls for Construction and
Maintenance Work Zones (latest edition), the Work Area Traffic Control Handbook (WATCH
Manual latest edition). A minimum of one - twelve foot lane shall be kept open and maintained
per approach.
The Contractor shall submit for review and approval by the City Engineer, his proposed traffic
control plan(s). The plan will show all signs, delineators, tapers, dimensions, etc., for traffic
control. No construction will begin until the Contractor's traffic control plan(s) has been
approved. Traffic control plans shall be scaled drawing(s) prepared by a Traffic Engineer or
Civil Engineer licensed in the State of California. Drawings shall be signed and wet sealed by
the Contractor's Engineer of Record.
1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to
abate undue dust. Application of water for dust control shall be under the control of the
Engineer and shall be applied in the amounts and at locations designated by the Engineer or
City's representative.
1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm
or other water from flowing uninterrupted along the existing street drainage courses.
Diversion of water for short reaches to protect construction may be permitted if public or
private properties are not threatened with damage. Should such diversions be necessary the
Contractor shall obtain written permission from the applicable public agency or property owner
before the Engineer will permit any diversion of water outside rights -of -way or normal
drainage courses.
1.04 Protection of Existing Improvements. Excavations shall be conducted in a manner that
assures all permanent facilities and improvements, as well as temporary improvements which
remain during the life of this contract, are not subject to vertical settlement or horizontal
movement. The Contractor is required to work around all existing utility facilities. During
sealing operations, the Contractor shall cooperate with the owners of any utility that has
manholes, vaults, valve covers or any other facilities in the areas requiring sealing. These
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facilities shall be completely protect with heavy plastic or other suitable material and the
material removed after the sealing operation is completed. The Contractor shall exercise care
to prevent slurry from being deposited on concrete surfaces and shall remove slurry from
surfaces not designated to be sealed. Unless otherwise specified, all costs for protection of
existing improvements shall be absorbed in the various items of work. No separate payment
will be made for them.
1.05 Restoration of Existing Improvements. Existing improvements such as sprinkler lines,
heads, and valves that are removed or damaged shall be reconstructed in accordance with the
applicable provisions of the Standard Specifications for Public Works Construction, latest
Edition, (hereinafter referred to as the Standard Specifications). All improvements, including
but not limited to landscaping, irrigation, etc., which are removed or damaged by action of the
Contractor shall be replaced or restored to their original condition to the satisfaction of the
Engineer.
1.06 Disposal of Removed. Cleared, and Waste Material. All removed, cleared, and waste
material shall become the property of the Contractor and shall be disposed of by the Contractor
outside the limits of work in accordance with the applicable ordinances and regulations of
governmental agencies having jurisdiction.
1.07 Final Clean Up. After completion of all other work required under the contract, the
Contractor shall, at no additional cost to the City, clean up the work site and any and all
properties used by the Contractor during construction to the satisfaction of the Engineer. The
Contractor shall remove and dispose of all excess materials. The Contractor shall repair,
replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which
has been moved, damaged or altered in any way by Contractor's operations. The Contractor
shall return all roadway and adjoining surfaces to their original condition and appearance.
1.08 Payment. No separate payment will be made for Site Maintenance. All costs for
furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in the prices
bid for the traffic signal improvements.
SECTION 3. TRAFFIC SIGNAL EQUIPMENT AND APPURTENANCES
3.02 Foundations. Foundations for electroliers, standards, posts, cabinets, and pedestals
shall conform to the applicable provision in Section 86 -2.03, "Foundations" of the Standard
Specifications and these Provisions.
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Portland cement concrete shall conform to Section 90 -10, "Minor Concrete" of the Standard
Specifications and shall contain not less than 564 pounds per square yard of cement per, unless
authorized by the Engineer.
3.04 Conduit. Conduit shall conform to the provisions of Section 86 -2.05, "Conduit" of the
Standard Specifications, except as amended herein.
3.10 Controller Assemblies. 170E controller assembly shall be used along with GPS
universal time base receiver (McCain) or approved equal.
The Contractor shall arrange to have a representative of the Engineer and a signal technician
present at the time the controller assembly is turned on. The technician shall be fully qualified
to work in the controller assembly, and shall be employed by the controller manufacturer or
authorized representative. The Engineer's representative shall be notified at least 24 hours
prior to the turn on.
3.11 Controller Cabinet. Controller Cabinet shall conform to the provisions in Section 86-
3.07, "Controller Cabinets" of the Standard Specifications and these Provisions, except as
amended herein.
Controller Cabinet shall be Type 332.
The top of cabinet foundation shall extend 6" above finish grade.
Controller Cabinet shall be fully wired, including all auxiliary equipment to control the signal
indications and perform the intended signal operation shown on the plans and in these "Special
Provisions ". Controller Cabinet shall be wired for delay /extension of all phases in operation.
The cabinet shelf on which the controller unit will reside shall be spaced at the minimum
height required to accommodate the controller unit indicated on the plans and in the
Specifications. Deviation from the manufacturer's intended controller unit positioning due to
insufficient shelve spacing shall not be allowed.
With the removal of two screws the load bay shall swivel forward allowing for the accessibility
to the back for modifications and inspections.
All internal labeling in the cabinet shall be silk- screened. Adhesive labels shall not be
permitted. The cabinet shall be equipped with a plastic envelope to hold wiring diagrams,
signal timing instructions and miscellaneous items.
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3.12 Cabinet Ventilation. Cabinet ventilation shall conform to the provisions in Section 86-
3.07B, "Cabinet Ventilation" of the Standard Specification and these Provisions, except as
amended herein.
Each cabinet shall be provided with quality three stage disposable air filter for air intake vents.
The filter shall be multi -ply progressive density polyester with as odorless flame retardant non-
migrating tackifier adhesive. Filter layer shall be heat sealed around an internal 10 ga. steel
wire support. Self - sealing filter edges shall prevent dirty air bypass. All filters shall be UL
900 Class 2 listed. Filter performance shall conform to ASHRAE Standard 52.1.
3.13 Cabinet Wiring. Cabinet wiring shall conform to the provisions in Section 86- 3.07C,
"Cabinet Wiring" of the Standard Specifications and these Provisions.
3.14 Controller Assembly Testing. Testing shall conform to the provisions in Section 86-
3.05, "Controller Assembly Testing" of the Standard Specifications and these Provisions,
except as amended herein.
Unless otherwise set forth in the Special Provision, any delays in work sustained as a result of
delay in initial cabinet manufacturing and delivery may be subject to time extension at the
written request of the Contractor. Time extension for delays caused by the
Contractor /Manufacturer's failure to provide a cabinet that meets the City's Specifications,
or failure to correct deficiencies identified during the cabinet testing process shall not be
allowed. Contract Working days and /or Liquidation damages shall be assessed accordingly.
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EXHIBIT "B"
LOCATION MAP
See attached.
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LOCATION MAP
EXHIBIT "C"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq.
of the California Labor Code which require every employer to be insured against liability
for Worker's Compensation or to undertake self- insurance in accordance with the
provisions of the Code, and I, the undersigned Contractor, agree to and will comply with
such provisions before commencing the performance of the Work on this Contract.
OAK ENGINEERING INC.
By: 0 WA A ?— 6 V 1 A UG
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