HomeMy WebLinkAboutC-2252CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
ELECTRIC POWER SUPPLY & TRAFFIC CONTROLLER INSTALLATION
AT VARIOUS LOCATIONS
PARTIES AND DATE.
This Contract is made and entered into this lst-' day of
(V t B , 200& by and between the City of Arcadia, a municipal
organization organized 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.
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 controller and electric power supply 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 Proiect. City desires to engage Contractor to render such services for the
ELECTRIC POWER SUPPLY AND TRAFFIC CONTROLLER INSTALLATION AT
VARIOUS LOCATIONS ( "Project ") as set forth in this Contract.
2.4 Proiect Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, Performance Bond, Payment Bond, and Insurance Documents
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:
Bid Schedule, Technical Provisions, and 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 and zero cents ($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
six thousand five hundred fifty dollars and zero cents ($26,550.00) ( "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. From each approved progress
estimate, ten percent (10 %) will be deducted and retained by the City, and the
remainder will be paid to Contractor. All Contract retainage shall be released and paid
to the Contractor and subcontractors pursuant to California Public Contract Code
Section 7107.
3.8.4 Other Retentions. In addition to Contract retentions, the City
may deduct from each progress payment an amount necessary to protect City from loss
because of: (1) liquidated damages which have accrued as of the date of the application
for payment; (2) any sums expended by the City in performing any of Contractor's
obligations under the Contract which Contractor has failed to perform or has performed
inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law;
(5) reasonable doubt that the Work can be completed for the unpaid balance of the
Total Contract Price or within the scheduled completion date; (6) unsatisfactory
prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract;
(8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient
documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by the Contractor of the value of the Work
performed; (10) any sums representing expenses, losses, or damages as determined
by the City, incurred by the City for which Contractor is liable under the Contract; and
(11) any other sums which the City is entitled to recover from Contractor under the
terms of the Contract or pursuant to state law, including Section 1727 of the California
Labor Code. The failure by the City to deduct any of these sums from a progress
payment shall not constitute a waiver of the City's right to such sums.
3.8.5 Substitutions for Contract Retentions. In accordance with
California Public Contract Code Section 22300, the City will permit the substitution of
securities for any monies withheld by the City to ensure performance under the
Contract. At the request and expense of the Contractor, securities equivalent to the
amount withheld shall be deposited with the City, or with a state or federally chartered
bank in California as the escrow agent, and thereafter the City shall then pay such
monies to the Contractor as they come due. Upon satisfactory completion of the
Contract, the securities shall be returned to the Contractor. For purposes of this Section
and Section 22300 of the Public Contract Code, the term "satisfactory completion of the
contract" shall mean the time the City has issued written final acceptance of the Work
and filed a Notice of Completion as required by law and provisions of this Contract. The
Contractor shall be the beneficial owner of any securities substituted for monies
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withheld and shall receive any interest thereon. The escrow agreement used for the
purposes of this Section shall be in the form provided by the City.
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
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 re- inspection by the City. Once the
Work is acceptable to City, City shall pay to Contractor the Total Contract Price
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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 that 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.
3.14 Loss and Damaqe. 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
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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:
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
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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 %AU 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
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
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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, admitted or approved 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
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.
3.17.1 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit "B" attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Contract a Payment
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Bond in an amount required by the City and in a form provided or approved by the City.
If such bond is required, no payment will be made to Contractor until the bond has been
received and approved by the City.
3.17.2 Performance Bond. If specifically requested by City in Exhibit "B"
attached hereto and incorporated herein by reference, Contractor shall execute and
provide to City concurrently with this Contract a Performance Bond in an amount
required by the City and in a form provided or approved by the City. If such bond is
required, no payment will be made to Contractor until the bond has been received and
approved by the City.
3.17.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the effected bond within (ten) 10 days of receiving notice from City. In the event
the surety or Contractor intends to reduce or cancel any required bond, at least thirty
(30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Contract
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the Total Contract Price is increased in accordance with the Contract,
the Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase
to the City. To the extent available, the bonds shall further provide that no change or
alteration of the Contract (including, without limitation, an increase in the Total Contract
Price, as referred to above), extensions of time, or modifications of the time, terms, or
conditions of payment to the Contractor, will release the surety. If the Contractor fails to
furnish any required bond, the City may terminate the Contract for cause.
3.17.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in California Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California- admitted surety with a current A.M. Best's
rating no less than A:VIII and satisfactory to the City. If a California- admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
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
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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
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
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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. If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet
or more in depth, Contractor shall comply with all applicable provisions of the California
Labor Code, including Section 6705. To this end, Contractor shall submit for City's
review and approval a detailed plan showing the design of shoring, bracing, sloping, or
other provisions to be made for worker protection from the hazard of caving ground
during the excavation of such trench or trenches. If such plan varies from the shoring
system standards, the plan shall be prepared by a registered civil or structural engineer.
3.23 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code Section 7104, if this Contract involves digging trenches or other
excavations that extend deeper than four (4) feet below the surface, Contractor shall
promptly, and prior to disturbance of any conditions, notify City of: (1) any material
discovered in excavation that Contractor believes to be a hazardous waste that is
required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or
latent physical conditions at the site differing from those indicated by City; and (3)
unknown physical conditions of an unusual nature at the site, significantly different from
those ordinarily encountered in such contract work. Upon notification, City shall
promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract,
but shall retain all rights provided by the Contract or by law for making protests and
resolving the dispute.
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
of Contractor to exercise reasonable care; (2) removing or relocating underground utility
RVPMNGSl557201
12
•
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 -112) 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
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
RVPUBWGS \557201 13
0 0
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:
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.
3.37 Governing Law. This Contract shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
RVPU6WGS \557201 14
r
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]
RVPOBWGSN557201 15
0
CITY OF ARCADIA
By: k,I&
William R. Kelly
City Manager
Attest: /„
City Clerk
Approved as to form:
964: L P. lam
Stephen P. Deitsch
City Attorney
0
OAK ENGINEERING INC.
RVPUB \NGS \557201 1
-t.a 8 I R B
Contractor's License Classification
Concur:
26 Ip ,�
Don Penman, Assistant City Manager/
Development Services Director
By:
Zc-
RVPUB \NGS \557201 1
-t.a 8 I R B
Contractor's License Classification
Concur:
26 Ip ,�
Don Penman, Assistant City Manager/
Development Services Director
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L_
EXHIBIT "A"
PLANS AND SPECIFICATIONS
Ll
The following plans and specifications are incorporated into this Contract herein
by this reference:
Bid Schedule
Technical Provisions
Location Map
RVPUBWGS \557201 A -1
1 •
EXHIBIT "B"
SPECIAL CONDITIONS
Performance Bond and Payment Bond Requirements:
I-
L-1
The Bidder to whom a Contract is awarded shall deliver to the City three (3) identical
counterparts of the Performance Bond and Payment Bond in the form supplied by the
City. The surety supplying the bond must be an admitted surety insurer, as defined in
Code of Civil Procedure Section 995.120, authorized to do business as such in the
State of California and satisfactory to the City.
The Performance Bond shall be for one hundred percent (100 %) of the Total Bid Price,
and the Payment Bond shall also be for one hundred percent (100 %) of the Total Bid
Price.
RVPUB1NC51557201
B -1
0 0
EXHIBIT "C"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et se q.
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: A. M • Fa h ha rn
Name
Yice PResident
Title
RVPUR \NGS \557201
C -1
Oc 20 06 12:08p OAK ENGINEERIN(W. 909-6 p,2
BID SCHEDULE
SCHEDULE OF PRICES FOR
ELECTRIC POWER SUPPLY AND TRAFFIC CONTROLLER INSTALLATION AT VARIOUS
LOCATIONS.'
BASE BID scmizi tra F
TOTAL BASE BID PRICE
of )
See A Etched Technical Spwi icaftris Der detaft
_ ZG O
UNIT OF
EST.
UIST ,
ITEM
NO.
ITEM DESCRIPTION
MEASURE
QTY.
PRICE
COST
1
IrntM Trdk Signal Poorer Supply 100!240 voltage-
100 Amps at Santa Anita Avenue and Campus
Drive Complete. See attached technical
_ ^
Z- t` �,,
37§o
specifications per details.
LS
1
2
Install electric power supply 1201240 vdkVe -20D
Amps Complete at 300 W Huntington Drive. See
attached technical specificatiens * detass.
3
_
LS
1
,,
3
Remove and dispose existing traffic skins! cabinet
and controller and Install new cabinet and controller
IrndudkV foundation Complete at Santa Anita
Avenue and Camino Real.Oy
City wfil provide, Traffic Controller and Cabinet.,,,,
LS
4
Remove and dispose exlsttng trefNc signal cabinet
and controller and Instal new cabinet and controller
Induti ft foundation Complete at Santa Anita
Avenue Longden Avenue.
and
City Wit provkfe Traffic Controller and Cabinet
LS
1
5
Remove and dispose existing traffic signal cabinet '
and controller end ill new cabinet and controller
inducing foundation Compiefe at Las Turns Drive
and 8 Monte Avenue
�� Sb
� O'
City will provide Traffic Controller and Cabinet
LS
1
TOTAL BASE BID PRICE
of )
See A Etched Technical Spwi icaftris Der detaft
_ ZG O
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.
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 otherTacilities in
the areas requiring sealing. These facilities shall be completely protected with heavy
plastic or other suitable material and the material removed after the sealing operation is
completed. 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
TP -I
•
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.
SECTION 2. CLEARING AND GRUBBING
2.01 General. Clearing and Grubbing shall conform to Section 300 -1, "Clearing and
Grubbing" of the Standard Specifications. In addition, the following items of work are
included under Clearing and Grubbing, unless otherwise covered by specific bid items:
A) Maintaining dust control at all times by watering.
B) Providing for traffic control and maintenance of access, security and safety
include all signs, barricades, flashers, covers, plates and chain link fencing as
specified elsewhere in these specifications.
C) Protecting in place of existing water mains, sewers, meters, and valve covers,
walls, fences, curbs, fire hydrant, telephone and power poles, and other existing
structures.
D) Removing, storing, and replacing removable and portable items and their safe
handling and keeping.
E) Protecting any existing raised markers, valve covers, manholes, or any other
miscellaneous improvements.
F) Remove and replace /relocate improvements (pull boxes, irrigation lines, valves,
etc.) interfering with proposed construction.
TP -2
10 •
G) Coordinating the construction with all utility companies.
H) Maintain portable toilet at site for contractor's personnel.
2.02 Payment. No separate payment will be made for Clearing and Grubbing. 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 lump sum price under Bid Items.
SECTION 3. TRAFFIC SIGNAL EQUIPMENT AND APPURTENANCES
3.01 General. Traffic signal, safety light system, and detectors shall conform to the
applicable requirements of Section 306, "Underground Conduit Construction" and
Section 307, "Street Lighting and Traffic Signals" of the Standard Specifications, and
Section 86, "Signals, Lighting and Electrical Systems" of the Caltrans Standard
Specifications and as shown on the Plans and these Specifications.
The materials to be furnished and installed shall be new, except as may be
provided elsewhere in the specifications or indicated on the plans. The materials
shall be manufactured, handled, and used in a workmanlike manner to insure
completed work in accordance with the plans and specifications.
Contractor must provide a manufacturer's purchase invoice on the equipment (if
requested by the City).
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.
3.05 Pull Boxes. Pull boxes shall conform to the provisions in Section 86 -2.06, "Pull
Boxes" of the Standard Specifications and these Provisions, except as amended
herein.
Plastic pull boxes shall not be used. The pull boxes shown on the plans are to be
installed as a minimum. The Contractor may, at no additional cost to the City, install
additional or larger pull boxes to facilitate the Contractor's work with the approval of the
Engineer.
Pull boxes shall be No. 5 unless noted otherwise on the construction plans. Pull box
extensions shall not be required unless specified by the Engineer. All pull boxes shall
be new.
Pull boxes shall not be installed in any part of a driveway, wheelchair access ramp or
other traveled way.
TP -3
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3.10 Controller Assemblies.
Controller will be provided by the City. Contractor shall pick the controllers
including Cabinet at Los Angeles County Department of Public Works. Contact
person Jeff Magallanes (626) 458 -1704 per pick up.
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 will be provided by the City. Contractor shall pick the
controller cabinets at Los Angeles County Department of Public Works. Contact
person Jeff Magallanes (626) 458 -1704 per pick up.
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.
Costs for furnishing, transporting, and installing the cabinet, its foundation, pedestal and
all necessary auxiliary equipment shall be considered as included in the price paid for
construction of the traffic signal and lighting and no additional compensation will be
made.
The Engineer shall determine the exact location of the cabinet, controller and
appurtenances in the field.
The Controller Cabinet shall be fabricated from 0.125" thick 5052 -34H sheet aluminum
alloy. All exterior seams shall be continuously welded and ground to a smooth finish.
Cabinet inside and outside shall be free of burrs. There will be a sufficient slanting of
the cabinet top from front to back to allow water to run off and prevent water
TR4
• i
accumulation. The outside surface of the cabinet shall have a smooth, uniform, natural
aluminum finish. Where stainless steel parts are required, they shall be Type 304 per
ASTM requirements. Compound or continuous type cabinet door hinges are
acceptable. Pop rivets shall not be used to mount anything to a cabinet wall where the
rivet is accessible from the outside of the cabinet.
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.
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.
When completed, Contractor shall install new equipment at job site according to the
Plans and Specifications.
Contractor shall be responsible for all damage sustained as a result of a defective
controller cabinet and controller prior to final acceptance and all corrective action shall
be performed at the Contractor's expense.
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
TP -5
•
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.
Costs for transporting the controller cabinet(s), installation, foundation, etc shall be
included in the bid unit prices 3,4 & 5.
86 -2.11 Electrical Service. Electrical Service shall conform to the applicable
requirements of Section 86 -2.11 of the Standard Specifications. The power pedestal
shall be Type III (enclosed meter) with Style B cabinet. It shall be equipped with four
circuit breakers (100AMP main, 50AMP Signals, 30AMP (metered) Lighting, and
15AMP IISNS, unless specified otherwise on the Plans), Type V photoelectric control
and test blocks inside pedestal cabinet at Santa Anita Avenue and Campus Drive, not
required at 300 W Huntington Drive. Refer to Electrical Utility Service Equipment
Requirement Committee (E.U.S.E.R.C.) Drawing 308 and State Standard Plans ES -2C
and ES -2D for further details.
Underground service facilities installation and HDG secondary conduit bend and
grounding shall conform to the Standard Details and other Southern California Edison
Company requirements. . . ,
Electrical service equipment installation and service conduit run details shall conform to
.Southern_California Edison ' Co. requirements. Contractor shall contact Southern
California Edison Company Service Planner David Hensley at (626) 303 -8426 for
inspection. City had coordinated with SCE regarding new installation and fees. All costs
for the installation of the service including labor and materials required to connect the
proposed Electrical Service to the Edison point of connection shall be included in the
lump sum Bid Item No. 1 & 2.
TP -6
CITY OF ARCADIA
LOCATION MAP ELECTRIC POWER SUPPLY
AND TRAFFIC CONTROLLER
=A a INSTALLATION AT VARIOUS
LOCATIONS.
♦V
,y
UVE
f_8
PROJECT LOCATION
NORTH
EXECUTED IN TRIPLICATE BOND k22059f
PREMIUM: $664.00
PREMIUM IS FOR CONTRACT TERM
PERFORMANCE BOND AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
WHEREAS the CITY OF ARCADIA (also herein "Obligee ") has awarded to
OAK ENGINEERING, INC. (hereinafter "Contractor "), a contract for work consisting of but
not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for
the Electric Power Supply and Traffic Controller Installation at Various Locations
Project and all other required structures and facilities within the rights -of -way, easements
and permits;
WHEREAS, the Workto be performed bythe Contractoris more particularly
set forth in that certain contract for the said Public Work dated
(hereinafter the "Public Work Contract "); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we, OAK ENGINEERING INC..
the undersigned Contractor, as Principal, and
INSURANCE COMPANY OF THE WEST a corporation
organized and existing under the laws of the State of CALIFORNIA , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the CITY OF ARCADIA in the sum of Twenty six thousand
five hundred fifty dollars and zero cents ($26,550.00) said sum being not less than
100% of the total amount payable by the said Obligee underthe terms of the said Contract,
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said Public Work Contract and any alteration thereof made as therein provided, on his
or their part, to be kept and performed at the time and in the manner therein specified, and
in all respects according to their intent and meaning; and shall faithfully fulfill the one -year
guarantee of all materials and workmanship; and indemnify and save harmless the
Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this
obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event legal action is required to enforce the provisions of this agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements, and other damages.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Contract or to the
RvRUa\DRD\5e2370 PERFORMANCE BOND - 1 cs- STATE & LOCAL (510 ) pr24 /00)
0
Work to be performed thereunder, or the specifications accompanying the same shall in
any way affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, orto the Work
or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seal this
30TH day of OCTOBER 2006.
OAK ENGINEERING, INC.
Principal /Contractor
A
INSURANCE COMPANY OF THE WEST
Surety
M
The rate of premium on this bond is $25.00
Attorney -in -Fact PAMELA MCCART - _
perthousand. --
The total amount of premium charged, $ 664.00
(The above must be filled in by corporate surety.)
Rv11UMDRD\562370
PERFORMANCE BOND -2 Ga- ST ATE & LOCAL (610)(7324 /00)
CALIFORNIA ALL- PURPOSE ACKNOV%CDGEMENT
State of California
ss.
County of San Bernardino
On OCTOBER 30, 2006 before me,
Name and Title of Officer (e. g., "Jane Doe, Notary Public ")
Personally appeared Pamela McCarthy
Names) of Signer(s)
N personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persooKwhose name(�s /are subscribed to the
within instrument and acknowledged to me that p+Oshe /the
oNotaJANET L. MIiLER executed the same in,bis /her /their authorized capacity(ieg'),
Commission # 1591570 F and that by his' /hedtbj@ir signatureW on the instrument the
ry
M Public - California
San Bernardino county persons} or the entity upon behalf of which the person(,e'f
y Comm. Expires Ju120, 2009y acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's
❑ Individual
❑ Corporate Officer
Title
❑ Partner -- ❑ Limited
x Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
❑ General
Number of Pages:
Top of thumb here
I. . • •
ACKNOWLEDGMENT
State of:
-C��lifornia
County of�nn d4,,.,Z
On o d before me/
i her 'nsert name and title' the officer)
person Icy a 'ear-Ci " �'
Personally known to me the ha is of cati factory evidence)
to be the erso who am is a ubscribed to the within instrument
and acknowledged to me thse executed the same in i er
" fte �n the instrument
authorized (#pacify , and that boh
tho' or the entity upon be half of which th perso cted, executed
the instrument.
WITNESS my hand and official seal
SILVANA M. BENADUCCI
..._..._ o COMM. #1668243 z
._�._.._..___.......__
_
x rc `, �_ l Notary Public - California o
.-- z �! Los Angeles County P
Signature M Comm. Ex fires Ma 19, 2010
(Sea
STATE OF CALIFORNIA
ss.
COUNTY OF
•
On this day of , in the year , before me,
a Notary Public in and for said state,
personally appeared , known to me
(or proved to be on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument as the Attorney -in -Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety)
thereto and his own name as Attorney -in -Fact.
Notary Public in and for said State
(SEAL)
My Commission expires
RVPUB%DRD\56?370 PERFORMANCE BOND -3 ce- STATE & LOCAL (610 )(7/24/00)
•
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, certify that I am the
Secretary of the corporation
named as principal to the within bond; that
who signed the said bond on behalf
of the principal was then of said
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by authority
of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUMDRM562370 PERFORMANCE BOND -4 cn - STATE& LOCAL (610) (7/24/00)
b 0 0
EXECUTED IN TRIPLICATE BOND 42205925
PREMIUM INCLUDED IN PERFORMANCE BOND
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ARCADIA (hereinafter "Obligee ") has awarded to
OAK ENGINEERING, INC. (hereinafter "Contractor "), a contract for work consisting of but
not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for
the Electric Power Supply and Traffic Controller Installation at Various Locations
Project and all other required structures and facilities within the rights -of -way, easements
and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated
, (hereinafter the "Public Work Contract "); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we OAK ENGINEERING, INC..
the undersigned Contractor, as Principal and
INSURANCE COMPANY OF THE WEST ,a corporation
organized and existing under the laws of the State of CALIFORNIA
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the CITY OF ARCADIA and to any and all material
men, persons, companies or corporations furnishing materials, provisions, and other
supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
foror contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of Twenty six thousand five hundred fifty dollars and zero
cents ($26,550.00), said sum being not less than 100% of the total amount payable by
said Obligee under the terms of the said Contract, for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, orforwork or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by any
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
RVPUB \DRD \570026 PAYMENT BOND - 1 GB -STATE& LOCAL (620) (7/24/00)
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract orto the Work to be performed thereunderorthe specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seal this = "
3njH day of OrTOBFR , 2006.
r-
OAK ENGINEERING, INC. - -
Principal /Con ctor
By:
President
INSURANCE COMPANY OF THE WEST
Surety
By:
Attorney -in -Fact PAMELA MCCART
RVPUB \DRD \570026 PAYMENT BOND -2 GB - STATE& LOCAL (620)(7/2C/00)
CALIFORNIA ALL - PURPOSE ACKNOVQ&DGEMENT
State of California
ss.
County of San Bernardino
On OCTOBER 30, 2006 before me,
Personally appeared Pamela McCarthy
Name(s) of Signer(s)
R personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persook<whose name(g is /are subscribed to the
within instrument and acknowledged to me that �,_1she/the
JANET L. MILLER executed the same in bis /her /tJ�ir authorized capacity(ies ,
Commission # 1591570 and that by t}r+s' /her /ttyeir signatureWon the instrument the
eeN Notary Public • California personfsa; or the entity upon behalf of which the personoe
soneernortllnocoun�y - acted, executed the instrument.
My Comm. Expires Ju120, 2009
WITNESS my hand and official seal.
Signature of Notaly Public
- OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docu
Document Date: _
Signer(s) Other Than
Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer
Title
❑ Partner -- ❑ Limited ❑ General
x Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Top of thumb here
ACKNOWLEDGMENT
State of: glifornia
County o� �
On�aA &LL r 31, ACC (a before me
�p� /��� (her insert name and title of the ffiaer)
perso a ypdared o
Personally known to me
to be the erso whose (!ame i a bscribed to the within instrument
and acknowledged to me tha he a executed the same i hi
authorized ii ), and that b his hel ignatur n the instrument
th perso , or the entity upon be half of which th pers acted, executed
the instrument.
WITNESS my hand and official seal
:Notary ANA M. BENADUCCI
MM. #1668243 z
i E ,mss y,= Pwic California O
OS Angeles County SignatureM m. Ex Tres Ma 19, 2010+
(Seal)
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On this day of in the year
before me, a Notary Public in and
for said state, personally appeared
known to me (or proved to be on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument as the Attorney -in -Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety) thereto and his
own name as Attorney -in -Fact.
Notary Public in and for said State
(SEAL)
My Commission Expires
RVPUE\DRM570026 PAYMENT BOND -3 ca- STATE & LOCAL (620) nr24ro0>
4 r 0 •
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, certify that I am the
Secretary of the corporation named as principal in the attached bond,
that who signed the said bond on behalf of
the principal was then of said corporation;
that I know his signature, and his signature thereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
RVPUB\DRL)\570026 PAYMENT BOND -4 ca- STATF & LOCAL (6zo ) o /24 /00)
No: 000 0967.
__ .. ICIV GROUP
Power of Attorney - - - - -
-_ Insurance Company of the West
Explorer: Insurance Company., Independence Casualty and Surety,Company�
" - IWOW,ALL -MEN BY TFIESE PRESENTS.- Thatj lnsuranca Company of the .West; a Corporation duly organized under the laws of the State of Califomra,
-. Explorer insurance Company, a Corporation duly organized undei the laws of the State df "Califonua, aid Independence Casualty_ and'Surety Company, a -:
Corporation duly organized`tmder the lawspf the State of Texas, (collectivelyteferred'to as the "Companies "), do hereby appoinF-
.._I JAY P. FREEMAN. KELLY A. SA IT MA N,7ANET L MILLER; PAMELA MCCARTHY, --
their true and lawful Attomey(s) m- Fact with authority to date, execute, sign, seal, and deliver on behalf ofthe Companies, fidelity and sumty bonds, undertakings, `_--
and other sithnlar connactsofsiretyship; end any relateddowments i -.. i, `� � - - - :' --
In witness whereof; the Companies have caused these presents to be execu_t_ed by its duly authorized' officers this 7 st day of November, 2005.
car"s" +al ?x�'PCSp, ^v9�!sr'Wo INSURANCE COMPANYOF- THEWEST _
y�,9carogryy ty q _ {n r' 4 }_ EXPLORER INSURANCE COMPANY
�y o „SEAL _ g -x; INDEPENDENCE CASUALTY AND.SURETY
COMPANY _
. _.: Jeffrey DrSweeaey, Assistant Secretary, Sohn L Hannum, Executive Vice President
State of Califomra
. - County of San Diego''
On November 1 „2005, before me, Francis Fafaul, Notary public, personally appeared John "L. Hannum and Jeffrey D:.Sweeneg personally known to -
', me to be the persons whose names are subscribed to the within ninstrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. -
'. Witness my hand- and officialseal. _
.. .. ..
FRANCIS FAFAUL;
W #114 7 '
Ic
SANE, DIE.
rronbn
-- - �FEBRUAFI723. ---�;
Francis Fafaul, Notary Public - .r
a..- RESOLUTIONS
This Power. of Attomey is granted and is- signed, sealed and notarized with facsimile signatures and seals under authority of the following: resolutons adopted by
. -_ _:._. .. ..
-the respective Boards of Directors ofeachcifthe Companies
- _ 'RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or my Assistant - , -
-Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) iiamed as Attonhey(s) m -Fact to date, execute,'sign, _
scal;'and deliver on behalf of the Company, - fidelity and surety bonds, undertakings, and other similar contracts of suretyship; and any related ....
. ,- .documents ... °.... . -
' RESOLVED FURTHER: That the signatures of tie officers making the appointment, and the signature of any offcairceatifying the validity -
' - and'current siatusof the appointment, nmy be facsimile representations of those signatures; and the signature and seal of airy notary_; and the '
sealb_f the Company, may be f.
sea] of those signatures and seals, and sticfi facsimile representations shall hiaJe the same
— force and effect as hf manually affixed: - The facsimile representations referred to herein maybe affixed by stamping,:printing, typing, or -`
photocopyingr:
CERTIFICATE
iI; the undersigned Assistant Secretary of: Insurance. Company of the West, Explorer Insurance Company, and Independence.Casualty and Surety Company do
hereby certify that the foregoing Power ofAttomey Win full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
„ - respective Boards of Directors ofthe Companies, and are now in full force.
IN WITNESS WHEREOF: llhaveset myhand this 30TH. day of OCTOBER "'2006
Jeffrey D eeney, To Secretary-
,
Sw -
To verify the autlhmiicity,of this Power of Attomey you_may'callA -800-8774 111 and ask for the Surety -0rvisiow Please refer to the Power of Attomey Number
-the above named individual(s)and details of the bond to which the power, attached[ For information or filing claims; pleasecontact Surety:C_laims; ICW Group _ r
.. _ n
=11455 Et Camino Real, San Diego, :CA 92130 2045'br call (858) 390 ?2400 -v?