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2022/02/22 City Council Resolution 2022-024 RESOLUTION NO. 2022-024 A RESOLUTION FINDING THE PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2 (PROJECT 2018-30) EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301,APPROVING THE PLANS AND SPECIFICATIONS,AWARDING THE CONSTRUCTION CONTRACT TO DC ELECTRIC GROUP,INC. IN THE AMOUNT OF $168,380.80,AND AUTHORIZING THE CITY MANAGER TO APPOROVE UP TO $25,257.12 IN CONSTRUCTION CHANGE ORDERS WHEREAS, the Protected/Permissive Signal Head Conversion Phase 2 (Project 2018-30) seeks to replace and upgrade traffic equipment to improve traffic flow; and WHEREAS, the plans and specifications for the project were prepared by W-Trans, Inc. and approved by the City Engineer on December 29, 2021; and WHEREAS, consistent with the Public Contract Code, an invitation for bids was posted/published on January 7, 2022 for the project; and WHEREAS,three bids were received and publicly opened on the bid opening date of January 26, 2022; and WHEREAS, staff determined that DC Electric Group, Inc. submitted the lowest responsive and responsible bid in an amount of$168,380.80; and WHEREAS,the project is statutorily exempt from CEQA pursuant to California Code of Regulations Section 15301 (d) & (f), because the project is restoring and replacing facilities and mechanical equipment on existing structures to meet current standards on public health and safety. NOW,THEREFORE the City Council of the City of Rohnert Park does hereby resolve, determine, find and order as follows: 1. The above recitals are true and correct and material to this Resolution. 2. On the basis of the entire record, including the staff report, and all oral and written comment, the City Council determines that the Protected/Permissive Signal Head Conversion Phase 2 (Project 2018-30) is exempt CEQA pursuant California Code of Regulations Section 15301 because the project is restoring and replacing facilities and mechanical equipment on existing structures to meet current standards on public health and safety, and directs staff to file a notice of exemption with the Clerk-Recorder's Office for the County of Sonoma. 3. The plans and specifications for the Protected/Permissive Signal Head Conversion Phase 2 (Project 2018-30), on file with the City Clerk, are hereby approved and adopted. 4. In making its findings the City Council relied upon and hereby incorporates by reference all of the bid materials, correspondence, staff reports and all other related materials. 5. In accordance with California Public Contract Code Section and any other applicable laws, the City Council of the City of Rohnert Park hereby finds the bid of DC Electric Group, Inc. for the Project to be the lowest, responsive, responsible bid and waives any irregularities in such bid in accordance with applicable law. 6. The City Manager is hereby authorized and directed to execute the contract with DC Electric Group, Inc. in substantially similar form to Exhibit A, which is attached hereto and incorporated by this reference, for the sum of one hundred sixty-eight thousand three hundred eighty dollars and eighty cents ($168,380.80) for construction of the project in accordance With the bid documents and applicable law upon submission by DC Electric Group, Inc. of all documents required pursuant to the project bid documents. 7. The City Manager is hereby authorized to execute change orders in an amount not to exceed 15%of the base bid, or twenty-five thousand two hundred fifty-seven dollars and twelve cents ($25,257.12). 8. City staff is hereby directed to issue a Notice of Award to DC Electric Group, Inc. for this project. 9. This Resolution shall become effective immediately. 10. All portions of this resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction,then the remaining resolution portions shall continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Rohnert Park hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to take any and all actions necessary to record the transaction in accordance with generally accepted accounting principles (GAAP). DULY AND REGULARLY ADOPTED this 22"d day of February, 2022. CITY OF ROHNERT PARK ATTEST: J kie Elwa d, ayo c� 14 L. 1 Elizabeth Machado, Deputy City Clerk GIUDICE: Ike. HOLLINGSWORTH-ADAMS: ALie STAFFORD: ALf€. LINARES: (Ate ELWARD: AL.K. AYES: (5 ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: (0 ) Resolution 2022-024 2 Protected/Permissive Signal Head Conversion Phase 2 Page 1-1 Rohnert Park City Proj. No. 2018-30 EXHIBIT A C O N T R A C T PERTECTED/PERMISSIVE SIGNAL HEAD CONVERSION, PHASE 2 PROJECT NO. 2018-30 THIS AGREEMENT, made and entered into this 22nd day of February, 2022, by and between DC Electric Group, Inc., hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on February 22, 2022, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within one hundred sixty (160) calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $500.00 (five hundred dollars) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of One Hundred Sixty Eight Thousand, Three Hundred Eighty Dollars and Eighty Cents ($168,380.80). 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: Protected/Permissive Signal Head Conversion Phase 2 Page 1-2 Rohnert Park City Proj. No. 2018-30 a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Performance Bond f) Payment Bond g) Special Provisions h) Standard Specifications i) Technical specifications j) Design Standards k) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2018 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the City Office located at 130 Avram Avenue, Rohnert Park, CA 94928. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Protected/Permissive Signal Head Conversion Phase 2 Page 1-3 Rohnert Park City Proj. No. 2018-30 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. With each application for payment, Contractor shall also deliver certified payrolls to Owner as set forth above in these General Conditions, and concurrently therewith (but in no event less frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or Protected/Permissive Signal Head Conversion Phase 2 Page 1-4 Rohnert Park City Proj. No. 2018-30 C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including Protected/Permissive Signal Head Conversion Phase 2 Page 1-5 Rohnert Park City Proj. No. 2018-30 subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the sole negligence, intentional misconduct or active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, t he occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of Protected/Permissive Signal Head Conversion Phase 2 Page 1-6 Rohnert Park City Proj. No. 2018-30 its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. Protected/Permissive Signal Head Conversion Phase 2 Page 1-7 Rohnert Park City Proj. No. 2018-30 C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. Protected/Permissive Signal Head Conversion Phase 2 Page 1-8 Rohnert Park City Proj. No. 2018-30 CITY OF ROHNERT PARK DC ELECTRIC GROUP, INC. ____________________________________ Darrin Jenkins, City Manager Date Name/Title Date Per Resolution No. ___________ adopted by the Rohnert Park City Council at its meeting of February 22, 2022. ATTEST: ____________________________________ Sylvia Lopez Cuevas, City Clerk OAK #4839-3351-6127 v1 CITY OF ROHNERT PARK CONTRACT DOCUMENTS, SPECIAL PROVISIONS AND STANDARD SPECIFICATIONS FOR PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2 PROJECT NO. 2018-30 Prepared by City of Rohnert Park- Department of Public Works 600 Enterprise Drive Rohnert Park, CA 94928 (707) 588-3300 CITY COUNCIL Mayor – Jackie Elward Vice-Mayor – Willy Linares Council Member – Susan Hollingsworth Adam Council Member – Gerard Giudice Council Member – Pam Stafford City Manager – Darrin Jenkins City Engineer – Vanessa Garrett OAK #4839-3351-6127 v1 TABLE OF CONTENTS Page PART 1 - BID DOCUMENTS Invitation for Sealed Bids 1-1 Instructions to Bidders 1-3 Bidder's Proposal 1-7 Schedule of Bid Prices 1-9 Addendum Acknowledgment 1-11 Contractor's License Declaration 1-12 List of Subcontractors 1-13 Bid Bond 1-14 Noncollusion Declaration 1-15 Declaration of Eligibility to Contract 1-16 Sample Contract 1-17 Insurance 1-24 Sample Certificate of Insurance and Endorsements 1-25 PART 2 - SPECIAL PROVISIONS Project Owner 2-1 Location and Description of Work 2-1 Insurance 2-1 Bonds 2-5 Liquidated Damages 2-5 Withdrawals of Proposals 2-5 Drawings and Specifications 2-6 Cooperation and Collateral Works 2-6 Protection and Restoration of Existing Improvements 2-6 Permits and Licenses 2-6 Approved Debris Haulers 2-6 Field Review Prior to Bidding 2-7 Testing 2-7 Coronavirus Risks and Construction Requirements 2-7 PART 3–STANDARD SPECIFICATIONS SECTION 1 - DEFINITIONS AND TERMS Paragraph Page Definitions and Terms ........................................................................................... n/a 3-1 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS Intent ...................................................................................................................... 2.1 3-4 SECTION 3 - AWARD AND EXECUTION OF CONTRACT Award of Contract ....................................................................................... .......... 3.1 3-5 Bid Protests ................................................................... ......................................... 3.2 3-5 Return of Proposal Guarantees .............................................................................. 3.3 3-5 OAK #4839-3351-6127 v1 Bonds ................................................................................. .................................... 3.4 3-6 Execution of Contract ........................................................................ .................... 3.5 3-6 Failure to Execute Contract ................................................................................... 3.6 3-6 SECTION 4 - SCOPE OF WORK Work to be Done by Contractor .................................................................. .......... 4.1 3-8 Final Clean-Up ............................................................................................ .......... 4.2 3-8 Changes in the Contract - Effect Between Parties ...................................... .......... 4.3 3-8 Maintenance of Detours .............................................................................. .......... 4.4 3-11 Use of Materials Found on the Work .......................................................... .......... 4.5 3-11 SECTION 5 - CONTROL OF THE WORK Authority of City Engineer ....................................................................... ............. 5.1 3-13 Plans..................................................................................................... ................... 5.2 3-13 Conformity with Plans ................................................................................ .......... 5.3 3-13 Working Drawings ...................................................................................... .......... 5.4 3-13 Coordination of Plans, Specifications, and Special Provisions .................. .......... 5.5 3-13 Interpretation of Plans and Specifications .................................................. .......... 5.6 3-14 Superintendence .......................................................................................... .......... 5.7 3-14 Lines, Grades and Measurements ............................................................... .......... 5.8 3-14 Inspection .................................................................................................... ........... 5.9 3-15 Unauthorized Work and Defective Work or Materials ............................... ......... 5.10 3-16 Methods and Equipment ............................................................................. .......... 5.11 3-16 Final Inspection and Acceptance ................................................................ .......... 5.12 3-17 Clean-Up Work ........................................................................................... .......... 5.13 3-17 SECTION 6 - CONTROL OF MATERIALS City-Furnished Materials ....................................................................................... 6.1 3-18 Materials to be Furnished by the Contractor ............................................... ......... 6.2 3-18 Source of Supply and Quality of Materials ................................................. ......... 6.3 3-18 Water and Electric Power ........................................................................... ........... 6.4 3-19 Materials and Workmanship ....................................................................... .......... 6.5 3-19 Storage of Materials .................................................................................... .......... 6.6 3-19 Samples and Specimens .............................................................................. .......... 6.7 3-19 Trade Names and Alternatives .................................................................... .......... 6.8 3-19 Removal of Equipment or Materials ........................................................... .......... 6.9 3-20 Testing of Materials .................................................................................... ........... 6.10 3-20 SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY Laws to be Observed ................................................................................... .......... 7.1 3-21 Permits ........................................................................................................ ........... 7.2 3-21 Patent Claims .............................................................................................. ........... 7.3 3-21 Sanitary Provisions ..................................................................................... ........... 7.4 3-21 Right of Way and Right of Access .............................................................. ......... 7.5 3-22 Public Convenience and Access ................................................................. .......... 7.6 3-22 Storage of Materials in Public Streets, Roads or Highways ....................... ......... 7.7 3-22 Public Safety ............................................................................................... ........... 7.8 3-22 Street Closures, Detours, Barricades .......................................................... .......... 7.9 3-23 Use of Explosives ....................................................................................... ........... 7.10 3-23 Preservation of Property ............................................................................. ........... 7.11 3-24 Preservation of Monuments ........................................................................ .......... 7.12 3-24 OAK #4839-3351-6127 v1 Safeguarding Excavations and Structures ................................................... ......... 7.13 3-24 Emergencies and Responsibility for Damage ............................................. .......... 7.14 3-24 Disposal of Material Outside of City's Right of Way ............................. ............. 7.15 3-25 Contractor's Responsibility for Work ......................................................... .......... 7.16 3-25 City Engineer Cannot Waive Obligations ................................................. ........... 7.17 3-26 Rights in Land Improvements ..................................................................... .......... 7.18 3-26 Personal Liability ........................................................................................ ........... 7.19 3-26 Repair of Equipment ................................................................................... .......... 7.20 3-26 Contractor's Legal Address ......................................................................... .......... 7.21 3-27 Cooperation and Collateral Works .............................................................. .......... 7.22 3-27 Utilities ........................................................................................................ ........... 7.23 3-27 SECTION 8 - PROSECUTIONS AND PROGRESS Subcontracts ................................................................................................ ........... 8.1 3-31 Assignment .................................................................................................. .......... 8.2 3-31 Progress of the Work .................................................................................. ........... 8.3 3-31 Character of Workmen ................................................................................ .......... 8.4 3-31 Temporary Suspension of Work ................................................................. .......... 8.5 3-31 Time of Essence, Liquidated Damages, Extension of Time by City ...... ............. 8.6 3-32 Default By Contractor.. ....... 8.7 3-33 Work at Night ........................................................................................................ 8.8 3-33 Maximum Length of Open Trench ............................................................. .......... 8.9 3-33 Limited Acceptance of Work ...................................................................... .......... 8.10 3-34 SECTION 9 - MEASUREMENT AND PAYMENT Measurement for Payment .......................................................................... .......... 9.1 3-35 Scope of Payment ....................................................................................... ........... 9.2 3-35 Deductions from Payments ......................................................................... .......... 9.3 3-35 Schedule of Values...................................................................................... ........... 9.4 3-35 Payments and Monthly Estimates ............................................................... .......... 9.5 3-36 Payment for Extra Work ........................................................................................ 9.6 3-37 Final Payment ............................................................................. ........................... 9.7 3-37 SECTION 10 - CLAIMS BY CONTRACTOR Obligation to File Claims for Disputed Work....................................................... 10.1 3-38 Form and Contents of Claim................................................................................. . 10.2 3-38 Informal Conference after Claim Submission....................................................... 10.3 3-39 Mediation ............................................................................................................... 10.4 3-39 Other Matters ......................................................................................................... 10.5 3-40 Compliance with Statutory Procedures ................................................................. 10.6 3-40 PART 4 - TECHNICAL SPECIFICATIONS Description of Bid Items....................................................... ................................. 4-1 Traffic Control for Traffic Signal Shutdowns....................................................... 4-2 Signs....................................................... ................................................................ 4-3 Signals and Street Lighting Systems ..................................................................... 4-3 PART 5 – DRAWINGS Sheet 1 – Title sheet Sheet 2 – General Notes OAK #4839-3351-6127 v1 Sheet 3 – Detail Sheet Sheet 4 – Golf Course Drive/Fairway Drive Sheet 5 – Golf Course Drive/Snyder Lane Sheet 6 – Business Park Drive/Redwood Drive Sheet 7 – Rohnert Park Expressway/Rancho Verde Circle Sheet 8 – Rohnert Park Expressway/Karrington Road Sheet 9 – Rohnert Park Expressway/Kerry Road Sheet 10 – Rohnert Park Expressway/Knight Road-Redwood Circle Sheet 11 – Commerce Boulevard/Hunter Drive Sheet 12 – Commerce Boulevard/Enterprise Drive Sheet 13 – Commerce Boulevard/Avram Avenue Sheet 14 – Commerce Boulevard/Alison Avenue Sheet 15 – Southwest Boulevard/Country Club Drive Sheet 16 – Southwest Boulevard/Snyder Lane Sheet 17 – East Cotati Avenue/Camino Colegio Sheet 18 – East Cotati Avenue/Snyder Lane (1/2) Sheet 19 – East Cotati Avenue/Snyder Lane (2/2) OAK #4839-3351-6127 v1 PART 1 - BID DOCUMENTS Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-1 OAK #4839-3351-6127 v1 INVITATION FOR SEALED BIDS PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2 PROJECT NO. 2018-30 Notice is hereby given that on Wednesday, January 26, 2022 at 10:00 A.M. at 130 Avram Avenue, Rohnert Park, California, the City of Rohnert Park will receive and open sealed bids for the Protected/Permissive Signal Head Conversion Phase 2, Project No. 2018-30. Bids must be received before 10:00 A.M. on January 26, 2022, based on the Official Bid Clock displayed in the area where bids are submitted on the Second Floor of City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The work is described generally as installing new conduit where needed, conductors; replacing traffic signal heads, controller units, software, and conflict monitors; replacing or relocating signs and sign brackets, and providing traffic control. The Contractor must have a valid California contractor's license, a Class A or combination of a C-10 and C-31 licenses. The Engineer’s estimate for the base bid of this project is $135,000-$185,000. Under California Labor Code section 1770 et seq., copies of the determination of the Director of the Department of Industrial Relations of the general prevailing rate of per diem wages for each craft, classification and type of workman needed to execute the work are on file in and available to any interested person on request at the Department of Public Works, or on the Internet at http://www.dir.ca.gov/dlsr/PWD/index.htm, and are incorporated herein. (Labor Code § 1773.2.) Prevailing wage determinations must also be posted at each job site. SB 854 (Stat. 2014, Chapter 28) establishes that no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The prime contractor must also post job site notices prescribed by regulation. Per California Civil Code Section 9550, a payment bond in the amount of 100% of the bid total will be required from the successful bidder for bids exceeding $5,000. The bond must be provided within ten (10) calendar days from notice of award and prior to the performance of any work. A performance bond and bid bond must also be provided for bids exceeding $5,000. For any moneys earned by the Contractor and withheld by the City of Rohnert Park to ensure the performance of the contract, the Contractor may, at its request and sole expense, substitute certain securities equivalent to the amount withheld in the form and manner and subject to the terms and conditions provided in the California Public Contracts Code Section 22300. This notice incorporates by reference the terms, conditions and requirements of the specifications approved by the City, any and all changes or amendments to the specifications and special instructions or special notice issued to or given to prospective bidders. The City of Rohnert Park makes no representation or warranty of the condition of the jobsite. All prospective bidders are requested to carefully review the plans and specifications and to examine and conduct tests or otherwise satisfy themselves as to the conditions at the project site, subject to coordination with the office of the Rohnert Park City Engineer. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-2 OAK #4839-3351-6127 v1 by the City Council at a future City Council meeting. Each bid must be submitted on the bid forms furnished by the City, and each bid must include all the items shown on these forms. Substitute forms may be used if specified in this Notice. A copy of the drawings and specifications may be obtained from Draftech for a non-refundable fee. Draftech Blueprinting is located at 1544 Terrace Way, Santa Rosa, CA 95404, phone number 707-578- 9442. The planholders list and all addendums shall be issued either through the City or through Draftech. In order to ensure receipts of addendums, any party interested in the project shall place their information with Draftech. For questions relating to the project, please contact the Department of Public Works at 707-588-3300 or PWProjects@rpcity.org. Posted Date: January 7, 2022 Published Date: January 7 & 14, 2022 /s/ SYLVIA LOPEZ CUEVAS City Clerk of the City of Rohnert Park Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-3 OAK #4839-3351-6127 v1 INSTRUCTIONS TO BIDDERS The bidder must file its bid with the City Engineer of the City of Rohnert Park, California, using the copy of the Bidder's Proposal and Schedule of Bid Prices furnished with the specifications. These documents must be placed in a sealed envelope marked, PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2 PROJECT NO. 2018-30 and addressed to the City Engineer of the City of Rohnert Park, California. Said sealed bids shall be dropped off in the secured box to the right of the main doors in front of City Hall located at 130 Avram Avenue, Rohnert Park, California before 10:00:00 AM on January 26, 2022. The bidder must not file the book of Special Provisions or the Contract Drawings with his bid. The bidders attention is directed to the schedule of bid prices that requires this project be bid as a unit price contract. Bid Forms. The City will furnish to each bidder one additional bound set of Standard Proposal Forms which, when filled out and executed, must be submitted as its proposal. Each proposal must conform and be responsive to the Invitation, the Plans, Specifications and Contract documents. The wording of the proposal must not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures or interlineations in the proposal must be explained or noted over the signature of the bidder. In case of discrepancy between a unit price and the total price set forth for the unit price item, the unit price shall prevail. Discrepancies between the indicated sum of any column of numerals and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of the words. Prices. All proposals must give the prices proposed, both in writing and in figures in the respective spaces provided, and must be signed by the bidder, who must fill out all blanks in the proposal form as therein required. Rejection of Bids. Proposals may be rejected if they show any alterations of form, additions not called for, conditional proposals, incomplete proposals, erasures, or irregularities of any kind, excepting that erasures or delineations in the proposal will be accepted providing they are initialed by the signator of the proposal. When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign Contracts on its behalf or a member of a co-partnership, a Power of Attorney must be on file with the City prior to opening proposals or must be submitted with the proposal; otherwise, the proposal may be rejected as irregular and unauthorized. Bid Security. All proposals must be presented under sealed cover and accompanied by one of the following forms of bidder's security: Cashier's check, certified check, or a bidder's bond executed by an admitted surety insurer authorized to transact business in this State, made payable to the City. Said bidder's bond submitted must be the City's bid bond. The security must be in an amount equal to at least 10 percent of the amount proposal. A proposal must not be considered unless one of the forms of bidder's security is enclosed with it. A bidder's bond will not be accepted unless it has been properly filled out and executed by the surety and by the bidder. Withdrawal of Bid. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of proposals only by written request for the withdrawal of bid filed with the City Engineer. The request must be executed by the bidder or its duly authorized representative. The withdrawal of a bid does Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-4 OAK #4839-3351-6127 v1 not prejudice the right of the bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. Means of Submittal. Proposals submitted by facsimile and proposals failing to reach the office of the City prior to the date and time set for receipt of same will not be considered. Opening. Bids will be opened and read at the time and place indicated in the Invitation for Sealed Bids. Bidders and the public are invited to be present. Multiple Proposals. More than one proposal from an individual, a firm or partnership, a corporation or an association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in future proposals. Proposals in which the prices obviously are unbalanced may be rejected. License Requirement. No proposal will be accepted from a Contractor who is not licensed in accordance with law under the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California, or from a Contractor that has been deemed irresponsible or unresponsive by the City Council. Subcontractors. Subcontractors listed by the bidder in accordance with the Special Provisions included herein must be properly licensed under the laws of the State of California for the type of work which they are to perform. All bidders are hereby notified that they will be required to comply strictly with the provisions of Sections 4100 to 4113, inclusive, of the Public Contract Code of the State of California. Each bidder must file with its proposal the name and location of place of business, contractor’s license number and Department of Industrial Relations registration number, of each Subcontractor who will perform a portion of the Contract work in an amount in excess of one-half of one percent of the total Contract price. In each such instance, the nature and extent of the work to be sublet must be described. The General Contractor to whom the Contract is awarded will not be permitted, without the written consent of the City, to substitute any person as Subcontractor in place of the Subcontractor designated in the original proposal, or to permit any Subcontract to be assigned or transferred, or to allow it to be performed by anyone other than the original Subcontractor. The City may consent to the substitution of another person as Subcontractor if the original Subcontractor, after having reasonable opportunity so to do, fails or refuses to execute the written Contract presented to it by the General Contractor, when said written Contract is based upon the conditions of the general Contract and complies with the Subcontractor's written proposal. The failure of the Contractor to specify a Subcontractor for any portion of the Contract work in excess of one- half of one percent of the total Contract price, must be deemed to indicate that the Contractor intends to perform such portion itself. The subletting or Subcontracting of work for which no Subcontractor was designated in the original proposal and which is in excess of one-half of one percent of the total Contract price will be allowed only with the written consent of the City and then only in cases of public emergency or necessity as determined by said City. Under such circumstances, the City is required to establish the facts constituting the emergency or necessity and reduce its findings to a written public record. Violations of the provisions of these specified sections of the Code must be deemed to be a violation of the Contract, and the City, because of any such violations, must have the right to cancel the Contract. The Contractor, after any such violations, must be penalized to the extent of 20 percent of the amount of the Subcontract involved. Material. The bidder may be required to furnish, as part of the submittal process, a complete statement of Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-5 OAK #4839-3351-6127 v1 the origin, composition, and manufacture of any or all materials to be used in the construction of the work, together with samples. Such samples may be subjected to the tests provided for in these specifications or in the Special Provisions to determine their quality and fitness for the work. Additional Requirements. The bidder's attention is directed to Section 3 of the General Provisions for additional proposal requirements and conditions, and information regarding award and execution of the contract. Contractor submitting a bid to the City of Rohnert Park, a public entity, must state, under penalty of perjury, the contractor's license number and the license's expiration date. This information must be entered in the Schedule of Bid Prices. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Explanations and Addenda. Any explanation desired by the bidders regarding the meaning or interpretation of the drawings and specifications must be requested in writing and in sufficient time to allow for a written reply to reach them and all other potential bidders before the date and time for submission of bids. Oral explanation or instructions given before award of the contract will not be binding. Any interpretations made will be in the form of an addendum to the specifications or drawings and will be furnished to all bidders and its receipt by the bidder must be acknowledged. Any explanation that makes a material change, addition, or deletion to the terms of the Invitation for Sealed Bids shall be issued no less than 72 hours before the date and time for submission of bids. If an explanation making a material change, addition, or deletion must be issued less than 72 hours before the scheduled date and time for submission of bids, the date and time for submission shall be extended so that a full 72 hours is provided for analysis of the change, addition, or deletion. Quantity of Work. The quantity of work for the unit price items to be done under the contract as noted in the Bid Schedule is but an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved to increase or decrease, or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits, or for any damages of any sort because of any difference between the estimated and the actual quantities of work done. The quantities given in the schedule, for unit price items, are for comparing proposals and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated, and no claim must be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices proposal. The City reserves and must have the right to increase or decrease the quantities of work to be performed under a scheduled unit item or to entirely omit the performance thereof and upon decision of the City to so do, the City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in delay to the work, the Contractor will be given an equivalent extension of time. All estimates and all measurements used in determining the quantities of unit price items of work done, the percentage of completion of lump sum items of work, and the quantity of materials furnished under the Contract at various times during the progress of the work must be the Engineer's estimates and measurements. The planimeter must be considered an instrument of precision adapted to the measurements of all areas. Insurance. The bidder’s attention is drawn to Special Provisions, Location and Description of Work, and Special Provisions, Minimum Limits of Insurance. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-6 OAK #4839-3351-6127 v1 Inspection of Site. The bidder must examine carefully the site of the work contemplated and the proposal, plans, specifications, and the Contract form therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications, the special provisions, and the Contract. Where investigation of subsurface conditions has been made by the City in respect to foundation or other design, bidders may inspect the records of the City as to such investigation, including examination of samples, if available. When the Plans include a log of test borings showing a record of the data obtained by the City's investigation of subsurface conditions, said log represents only the opinion of the City as to the character of material encountered by it in its test borings and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design. The City assumes no responsibility whatever in respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations, or of the interpretation thereof, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information available to the bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this article and bidders must satisfy themselves through their own investigations as to conditions to be encountered. No information derived from such inspection of the records of preliminary investigations made by the City or from the maps, plans, specifications, profiles or drawings will in any way relieve the Contractor from any risk from properly fulfilling all the terms of the Contract. Records of such preliminary investigations as may have been made by the City may be inspected at the office of the Engineer. Pre-construction Meeting. At the pre-construction meeting, the successful bidder must submit a CPM progress schedule which will show the time he/she proposes to occupy in prosecuting the various major divisions of work and his/her proposed sequence of operations. The CPM progress schedule must be subject to the approval of the City Engineer. Adjustment of Schedule. If at any time the construction schedule is inadequate to secure completion of the work within the time specified, and the work is being prosecuted inadequately or improperly, the Engineer must have the right to require the Contractor to submit a revised progress schedule, providing for proper and timely completion of the work. The Contractor must not be entitled to additional compensation on account of revisions required by the City. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-7 OAK #4839-3351-6127 v1 BIDDER'S PROPOSAL PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2 PROJECT NO. 2018-30 To: City Council, City of Rohnert Park The undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: ________________________________________________________________________. (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co-partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any other person, firm, or corporation. (c) That he/she has carefully examined the locations of the proposed work, and has familiarized himself/herself with all of the physical and climatic conditions, and makes this bid solely upon his/her own knowledge. (d) That he/she has carefully examined the drawings and specifications and makes this proposal in accordance therewith. (e) That, if this bid is accepted, he/she agrees to enter into an agreement with City in the form included in the Contract Documents to complete all work as specified in the Contract for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents. (f) That this bid will remain open and not be withdrawn for the period specified in the Instructions to Bidders. (g) That he/she has read the insurance requirements in Section 2.03, Insurance in the Special Provisions section of this bid document; (h) That he/she has conferred with his/her insurance carriers or brokers to determine in advance of the bid submission the availability of insurance certificates and endorsements as prescribed and provided herein; (i) That if the bid is accepted, he/she will enter into a written contract and within fifteen (15) calendar days furnish the required proof of insurance including certificates and endorsements; (j) That failure to comply strictly with the insurance requirements may result in forfeiture of the bid security and withdrawal of the bid proposal. (k) That he/she is properly licensed in accordance with California Business and Professions Code section 7000 et seq. Bidder acknowledges that if the bidder is not properly licensed at the time the bid is awarded or as otherwise required by law, the bid will be considered non-responsive and will be rejected. (l) That he/she and any subcontractor relied on by him will keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work, as more fully set forth in the Contract. All contractors and subcontractors must furnish Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-8 OAK #4839-3351-6127 v1 electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). (m) That in compliance with the Subletting and Subcontracting Fair Practices Act, California Public Contracts Code section 4100 et seq., he/she has listed on the attached “List of Subcontractors” each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or will specifically fabricate and install a portion of the work in an amount in excess of one half of one percent (0.5%) of the total bid sum or in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the total bid or $10,000, whichever is greater, and that no subcontractors may be used other than those specified without written approval of the City Engineer. Accompanying this proposal is a certified or cashier's check, or bidder's bond payable to the order of the City Clerk of the City of Rohnert Park, in the sum of _______________________ Dollars ($_________________). Said bidder's bond submitted is the City's bid bond form. Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company admitted in the State of California. It is understood and agreed that should the bidder fail within fifteen (15) calendar days after the date of mailing written notice to the successful bidder that the contract has been awarded, to enter into the contract and furnish acceptable surety bonds and insurance on forms included herein, then the proceeds of said check, or bidder's bond, must become the property of the City. But if the contract is entered into and said bonds are furnished or if the bid is not accepted, then said check must be returned to the undersigned or the bidder will be released from the bidder's bond. ______________________________ ______________________________ Address of Bidder Telephone Number of Bidder ______________________________ ______________________________ City, State, Zip Signature of Bidder Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-9 OAK #4839-3351-6127 v1 SCHEDULE OF BID PRICES PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2 PROJECT NO. 2018-30 In accordance with the plans and specifications therefor approved by the City of Rohnert Park, the undersigned bidder is herewith submitting the following bid prices for the performance of the entire proposed work as described in these specifications and attached drawings. The contract award will be based upon the Base Bid. The Bid Alternates may or may not be approved, based on available budget. ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST 1 Project Management and Mobilization 1 LS 2 No. 14 Conductors 6,465 LF 3 Conduit into Pull Box 2 EA 4 Replace Left Turn Head on Mast Arm 23 EA 5 Replace Left Turn Head on Type 1 or 15 with Flashing Yellow Arrow 25 EA 6 Install Model 400 Load Switch 7 EA 7 Replace Controller Unit and Software 4 EA 8 Replace Conflict Monitor 4 EA 9 Replace Signal Mounting 2 EA 10 Install Push Button Assembly Post and Conduit 2 EA 11 Sign Panel and Mounting Bracket 26 EA 12 Relocate Street Name Sign and Install Bracket 14 EA 13 Relocate Sign and Install Bracket 1 EA 14 Traffic Control (per location) 15 EA Total Amount of Base Bid (written in words) is: Dollars and Cents. Any discrepancy between words and figures shall be resolved as provided in the Instructions to Bidders. $_____________________________ (Figures) Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-10 OAK #4839-3351-6127 v1 Bid Alternate #1 – Conduit All sheets 1 3’’ Conduit (Exempt) 1,200 LF 2 Conduit into Pull Box (Exempt) 30 EA Total Amount of Bid Alternate #1 (written in words) is: Dollars and Cents. Any discrepancy between words and figures shall be resolved as provided in the Instructions to Bidders. $_____________________________ (Figures) ______________________________ ______________________________ Bid Alternate #2 – 8” Signal Heads 2 Additive Alternative Item – Replace 8” Head with 12” Head 10 EA ______________________________ ______________________________ Address of Bidder Signature of Bidder ______________________________ ______________________________ City, State, Zip Name of Bidder (Print) ______________________________ ______________________________ Telephone Number of Bidder FAX Number of Bidder ______________________________ Contractor's License Number License's Expiration Date Contractor’s email address Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-11 OAK #4839-3351-6127 v1 ADDENDUM ACKNOWLEDGEMENT ADDENDUM #1 Date Signature acknowledging receipt: ADDENDUM #2 Date Signature acknowledging receipt: ADDENDUM #3 Date Signature acknowledging receipt: Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-12 OAK #4839-3351-6127 v1 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is ________________________________ of ____________________________. (party making foregoing bid) (hereinafter the "Bidder") 1. Bidder's Contractor's License Number is as follows:___________________________. 2. The expiration date of Bidder's Contractor's License is _______________, 20___. 3. Bidder acknowledges that pursuant to Section 7028.15(a) of the Business and Professions Code it is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except as provided therein. The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on ________________________, 20 ___, at _____________________________ (insert city and state where Declaration signed). ________________________________________ Signature ________________________________________ Typed Name ________________________________________ Title ________________________________________ Name of Bidder Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-13 OAK #4839-3351-6127 v1 LIST OF SUBCONTRACTORS In accordance with the provisions of Sections 4102 to 4108, inclusive, of the Public Contact Code of the State of California, each bidder must list below the name and location of place of business, contractors license number and Department of Industrial Relations registration number of each subcontractor who will perform a portion of the contract work in an amount in excess of one-half of one percent of the total contract price. In each such instance, the nature and extent of the work to be sublet must be described. Name, State, Public Works Contractor Registration Number, and Contractor’s License Number of Subcontractor Address of Office, Mill or Shop Description of Work to be Performed (also show bid Schedule Item No.) Amount of work (dollar value and percentage) Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: Name: Dollar Value: Percentage: State: CLN: DIR: **Note, the Subletting and Subcontracting Fair Practices Act also requires inclusion of any subcontractor who specially fabricates and installs a portion of the work according to detailed drawings. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-14 OAK #4839-3351-6127 v1 BID BOND Bond No. _________ WHEREAS, ______________________________________________ ("Principal") intends to submit a bid to the City of Rohnert Park ("City") for the above-referenced Project, and the terms of the bid require the Principal to submit bidder's security. NOW, THEREFORE, Principal and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bond unto City in the sum of dollars ($_______________) lawful money of the United States of America, such sum being not less than ten percent (10%) of the bid amount for the payment of which sum to be made, the Principal and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal submits a bid for the above-referenced Project, the terms and conditions of which are incorporated herein by reference, and if said bid is rejected by the City, or if said bid is accepted by the City and the Bidder properly executes and submits to the City the Agreement and all required documents (including the Performance bond, the Payment Bond, and the proof of insurance), then this obligation must be null and void; otherwise it must be and remain in full force and effect. The Surety hereby agrees, for value received, that its obligations under this bond must in no way be impaired or modified by an agreement between the City and the Principal to extend the time within which the City may accept the Principal's bid, and the surety hereby waives notice of any such extension. In the event suit is brought upon this bond, the surety must pay reasonable attorneys' fees and costs incurred by the prevailing parties in such suit, which fees and costs must be in addition to the face amount of the bond. IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles and signatures. Principal: _________________________ Surety: _____________________________ (Name of Firm) (Name of Firm) By: ______________________________ By: ________________________________ Title: _____________________________ Title: ______________________________ Date: _____________________________ Date: ______________________________ Address for Notices to Surety: ___________________________________ ___________________________________ ___________________________________ Note: Notary acknowledgment for Surety and Surety's Power of Attorney must be attached. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-15 OAK #4839-3351-6127 v1 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the _________________ of ______________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has f ull power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ________ day of ___________________, 20___, at _____________________, California. Firm (print or type) Signature Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-16 OAK #4839-3351-6127 v1 DECLARATION OF ELIGIBILITY TO CONTRACT The undersigned, a duly authorized representative of the bidder, certifies and declares that: 1. The bidder is aware of California Labor Code sections 1771.1 and 1777.7, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The bidder is not prohibited from bidding on, being awarded, or performing work as a contractor or subcontractor on a public works project under Labor Code sections 1771.1 and 1777.7, or any other provision of law. 3. The bidder is aware of California Public Contract Code section 6109, which states: "(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project will be returned to the awarding body. The contractor is responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project." 4. The bidder has investigated the eligibility of each and every subcontractor that bidder intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of Public Contract Code section 6109, Labor Code sections 1771.1 and 1777.7, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ________ day of ___________________, 20___, at ______________________, California. Signature and Title of Authorized Official Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-17 OAK #4839-3351-6127 v1 C O N T R A C T PERTECTED/PERMISSIVE SIGNAL HEAD CONVERSION, PHASE 2 PROJECT NO. 2018-30 THIS AGREEMENT, made and entered into this _____ day of______________, 20___, by and between _____________________, hereinafter called "Contractor", and the City of Rohnert Park, hereinafter called "City". W I T N E S S E T H : WHEREAS, the City Council of said City has awarded a contract to Contractor for performing the work hereinafter mentioned in accordance with the sealed proposal of said Contractor. NOW, THEREFORE, IT IS AGREED, as follows: 1. Scope of Work: The Contractor must perform all the work and furnish all the labor, materials, equipment and all utility and transportation services required to complete all of the work of construction and installation of the improvements more particularly described in the Resolution adopted by the City Council of said City on <<MONTH DAY, YEAR>>, the items and quantities of which are more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk, except work to be performed by subcontractors as set forth in the Contractor’s bid and for which the Contractor retains responsibility. 2. Time of Performance and Liquidated Damages: The Contractor must begin work within fifteen (15) calendar days after official notice by the City Engineer to proceed with the work and must diligently prosecute the same to completion within 160 calendar days of that Notice. The Contractor acknowledges and agrees that time is of the essence with respect to Contractor’s work and that Contractor shall diligently pursue performance of the work. In the event the Contractor does not complete the work within the time limit so specified or within such further time as said City Council must have authorized, the Contractor must pay to the City liquidated damages in the amount of $500.00 (five hundred dollars) per day for each and every day's delay in finishing the work beyond the completion date so specified. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. 3. Payments: Payments will be made by City to the Contractor for said work performed at the times and in the manner provided in the specifications and at the unit prices stated in Contractor's bid. The award of the contract is for a total amount of <<AMOUNT>>. 4. Component Parts and Interpretation: This contract must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated herein and made a part hereof by reference thereto: a) This Agreement b) Notice Inviting Sealed Proposals c) Instruction and Information to Bidders d) Accepted Proposal, with all attachments and certifications e) Performance Bond f) Payment Bond g) Special Provisions h) Standard Specifications Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-18 OAK #4839-3351-6127 v1 i) Technical specifications j) Design Standards k) Plans, Profiles and Detailed Drawings In the event of conflict between these documents, the following order of precedence will govern: this contract; change orders; supplemental agreements and approved revisions to plans and specifications; special conditions; standard specifications; detail plans; general plans; standard plans; reference specifications. In the absence of a controlling or contrary provision in the foregoing, the Standard Specifications (2018 edition) of the California Department of Transportation shall apply to this project. 5. Independent Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City. 6. Prevailing Wages: Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract will be on file in, and available at, the City Office located at 130 Avram Avenue, Rohnert Park, CA 94928. Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-19 OAK #4839-3351-6127 v1 With each application for payment, Contractor shall also deliver certified payrolls to Owner as set forth above in these General Conditions, and concurrently therewith (but in no event less frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner. If federal funds are used to pay for the Work, Contractor and any subcontractor agree to co mply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following). 7. Hours of Labor: Contractor acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. 8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases must not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in that area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the assignment of an apprentice to any work performed under a public works Contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specified task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman, or E. When the Contractor provides evidence that he employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions. The Contractor and any Subcontractor under him must comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. . 9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code, which reads as follows: "A contractor must not discriminate in the employment of persons upon public Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-20 OAK #4839-3351-6127 v1 works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. " 10. Workmen's Compensation Insurance: In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to his employees and must for that purpose obtain and keep in effect adequate Workmen's Compensation Insurance. The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract. 11. Indemnity and Insurance: To the fullest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor must indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents, volunteers, and consultants from and against any and all actions, claims, demands, damages, disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Contractor, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by Contractor including subcontractors hired by the Contractor in the performance of this Agreement excepting liabilities due to the sole negligence, intentional misconduct or active negligence of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Contractor and must continue to bind the parties after termination/completion of this Agreement. Contractor shall procure and maintain throughout the time for performance of the work under this Contract the insurance required by the Special Provisions. The requirement that Contractor procure and maintain insurance shall in no way be construed to limit the Contractor’s duty to indemnify City as provided in the paragraph above. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 12. City Right of Termination and Right to Complete the Work. The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. In addition, the occurrence of any of the following is a default by Contractor under this Contract: A. Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension. B. Contractor fails to complete the Work on time. C. Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. D. Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified. E. Contractor fails to make prompt payment to any subcontractor or for material or Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-21 OAK #4839-3351-6127 v1 labor. F. Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work. G. Contractor breaches or fails to perform any obligation or duty under the Contract. Upon the occurrence of a default by Contractor, the Director will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents. In event of any such termination, City will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give City written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and the surety will be liable to City for any and all excess costs or other damages incurred by City in completing the Work. If City takes over the Work as provided in this Section, City may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work. 13. Substitution of Securities for Withheld Amounts: Pursuant to California Public Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and sole expense of the Contractor, securities equivalent to the amount withheld must be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor upon satisfactory completion of the contract. Securities eligible for substitution under this section must include those listed in the California Public Contracts Code Section 22300 or bank or savings and loan certificates of deposit. The Contractor must be the beneficial owner of any securities substituted for moneys withheld and must receive any interest thereon. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section. Any escrow agreement entered into pursuant to this section must contain as a minimum the following provisions: a. The amount of securities to be deposited; b. The terms and conditions of conversion to cash in case of the default of the Contractor; and c. The termination of the escrow upon completion of the contract. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-22 OAK #4839-3351-6127 v1 14. General Provisions A. Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations. B. Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. C. Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. D. Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. E. Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. F. Counterparts, Facsimile or other Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile or other elect ronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature. G. Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any W ork performed by Contractor will not constitute a waiver of any of the provisions of this Contract. H. Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. I. Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. J. Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue will be in the Northern District of California. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-23 OAK #4839-3351-6127 v1 CITY OF ROHNERT PARK <<CONTRACTOR>> ____________________________________ City Manager Date Name/Title Date Per Resolution No. <<RESO #>>adopted by the Rohnert Park City Council at its meeting of <<Month>><<Day>>,<<Year>>. ATTEST: ____________________________________ City Clerk Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No.2018-30 Page 1-24 OAK #4839-3351-6127 v1 INSURANCE Bidder's attention is directed to the following insurance forms and to Section 2.03 of the Special Provisions, located on Pages 2-1 through 2-6 in the Special Provisions section. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. Failure to comply strictly with the insurance requirements may result in forfeiture of the bid security and withdrawal of the bid proposal. Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No 2018-30 Page 1-25 OAK #4839-3351-6127 v1 CERTIFICATE OF INSURANCE ISSUE DATE MM/DD/YY) CITY OF ROHNERT PARK (the "City") PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BEST'S COMPANIES RATING COMPANY LETTER A ________________________________ ______________ COMPANY LETTER B________________________________ ______________ COMPANY LETTER C ________________________________ ______________ COMPANY LETTER D ________________________________ ______________ COMPANY LETTER E ________________________________ ______________ INSURED THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEN BEE N REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY  COMMERCIAL GENERAL LIABILITY  CLAIMS MADE  OCCUR.  OWNER'S & CONTRACTOR'S PROT.  OTHER _________________________ GENERAL AGGREGATE $ PRODUCTS-COMP/OPS AGGREGATE $ PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ AUTOMOBILE LIABILITY  ANY AUTO  ALL OWNED AUTOS  SCHEDULED AUTOS  HIRED AUTOS  NON-OWNED AUTOS  GARAGE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY  UMBRELLA  OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $  WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ PROPERTY INSURANCE  COURSE OF CONSTRUCTION AMOUNT OF INSURANCE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above-described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below. 2. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are added as insureds on all liability insurance policies listed above. 3. It is agreed that any insurance or self-insurance maintained by the City will apply in excess of and not contribute with, the insurance described above. 4. The City is named a loss payee on the property insurance policies described above, if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against the City. 6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting from work for the City or use of the City's premises or facilities. 7. Attached hereto are copies of the applicable policy pages or endorsements regarding notice of cancellation, additional insured and waiver of subrogation matters. CERTIFICATE HOLDER/ADDITIONAL INSURED CITY OF ROHNERT PARK 130 AVRAM AVENUE ROHNERT PARK, CA 94928 AUTHORIZED REPRESENTATIVE SIGNATURE _________________________________________ TITLE _________________________________________ PHONE NO. _________________________________________ Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No 2018-30 Page 1-26 OAK #4839-3351-6127 v1 Rev. 11/08 INSURERISO FORM CG 20 10 11 85 (MODIFIED) POLICY NO: COMMERCIAL GENERAL LIABILITY ENDORSEMENT NO: THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED  OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization: The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are named as additional insured. (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of “your work” performed for that insured. Modifications to ISO for CG 20 10 11 85 1. The insured scheduled above includes the insured's elected or appointed officers, officials, employees, agents and volunteers. 2. This insurance must be primary as respects the insured shown in the schedule above, or if excess, must stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above must be in excess of this insurance and must not be called upon to contribute with it. 3. The insurance afforded by this policy must not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage must not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insurance would be in valid under Subdivision (b) of Section 2782 of the Civil Code. _________________________________ Signature-Authorized Representative _________________________________ _________________________________ Address _________________________________ CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified) Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No 2018-30 Page 1-27 OAK #4839-3351-6127 v1 SUBMIT IN DUPLICATE AUTOMOBILE LIABILITY SPECIAL ENDORSEMENTError! Bookmark not defined. FOR CITY OF ROHNERT PARK (the "City") ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE  Included in Limits  In Addition to Limits Telephone  Deductible  Self-Insured Retention (check which) of $__________________ NAMED INSURED APPLICABILITY. This insurance pertains to the operation and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered: CITY AGREEMENTS/PERMITS TYPE OF INSURANCE OTHER PROVISIONS COMMERCIAL AUTO POLICY BUSINESS AUTO POLICY OTHER ____________________________________________________________ LIMIT OF LIABILITY CLAIMS: Underwriter's representative for claims pursuant to this insurance. Name: _____________________________________________________ Address: _____________________________________________________ Telephone: ( ) $ ______________ per accident, for bodily injury and property damage. In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. INSURED. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are included as insureds with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, or for which the Named Insured is responsible. 2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afford ed by this policy must: (a) be primary insurance as respects the City, its officers, officials, employees, agents or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers must be excess of the Named Insured's insurance and not contribute with it. 3. CANCELLATION NOTICE. With respect to the interests of the City, this insurance must not be cancelled, except after thirty 30) days prior written notice by receipted delivery has been given to the City. 4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as: (1) If primary, Insurance Services Office form number CA0001 (Ed. 1/87), Code 1 ("any auto"); or (2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1). Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER CITY CITY OF ROHNERT PARK 130 AVRAM AVENUE ROHNERT PARK, CA 94928 AUTHORIZED  Broker/Agent  Underwriter  _________________ REPRESENTATIVE I _______________________ (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature ________________________________________ (original signature required) Telephone: ( ) Date signed: __________________ REV. 11/08 Protected/Permissive Signal Head Conversion Phase 2 Part 1: Bid Documents Rohnert Park City Proj. No 2018-30 Page 1-28 OAK #4839-3351-6127 v1 SUBMIT IN DUPLICATE WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL ENDORSEMENT FOR CITY OF ROHNERT PARK (the "City") ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) Telephone OTHER PROVISIONS NAMED INSURED CLAIMS: Underwriter’s representative for claims pursuant to this insurance. Name: _________________________________________________________________ Address: _________________________________________________________________ _________________________________________________________________ Telephone: (______)__________________________________________________________ EMPLOYERS LIABILITY LIMITS $ ____________________________ (Each Accident) $_____________________________ (Disease - Policy Limit) $_____________________________ (Disease - Each Employee) In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: 1. CANCELLATION NOTICE. This insurance must not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 2. WAIVER OF SUBROGATION. This insurance Company agrees to waive all rights of subrogation against the City, its officers, officials, employees, agents and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City. Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER CITY CITY OF ROHNERT PARK 130 AVRAM AVENUE ROHNERT PARK, CA 94928 AUTHORIZED  Broker/Agent  Underwriter  _________________ REPRESENTATIVE I _______________________ (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature ________________________________________ (original signature required) Telephone: ( ) Date signed: __________________ REV. 11/08 OAK #4839-3351-6127 v1 PART 2 – SPECIAL PROVISIONS Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-1 OAK #4839-3351-6127 v1 SPECIAL PROVISIONS 2.01 PROJECT OWNER The Project Owner is the City of Rohnert Park, California. Wherever in these or the Standard Specifications the word "Owner" appears, it must be interpreted to mean the City of Rohnert Park. 2.02 LOCATION AND DESCRIPTION OF WORK Location of work is within the City of Rohnert Park at various signalized intersections. The work generally consists of, but not limited to, modifying traffic signals to revise operations to protected-permissive left turn phasing, and appurtenances as shown on the plans and specified in these Special Provisions. 2.03 INSURANCE INSURANCE REQUIREMENTS FOR CONTRACTORS The following parties or entities must be listed as additional insured by endorsement: A. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers BIDDER'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY RECOMMENDED THAT BIDDERS CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT LOW BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT. Contractors must 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, the contractor’s agents, representatives, employees or subcontractors. The coverage of the above-named parties as additional insureds shall be “primary and non-contributory” and must state that it will not seek contribution from the City’s insurance or self-insurance. The cost of Contractor’s insurance must be included in the Contractor's bid. The Notice to Proceed with the Work will not be issued, and the Contractor must not commence work, until such insurance has been approved by the City. Such insurance must remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. In addition, the Commercial General Liability Insurance must be maintained for a minimum of three (3) years after final completion and acceptance of the Work. It must be the Contractor’s responsibility to ensure that proof of insurance is sent to the City during this time. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required herein. A. Minimum Scope of Insurance Coverage must be at least as broad as: Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-2 OAK #4839-3351-6127 v1 1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employee(s) will use personal autos in any way on this project, Contractor must provide evidence of personal auto liability coverage for each such person. 3. Workers' Compensation and Employers Liability: Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability insurance, with minimum limits of One Million Dollars ($1,000,000) per occurrence. 4. Course of Construction insurance coverage must provide “all risk” coverage for the completed value of the project. Policies must contain the following provisions: a. The City must be named as loss payee, and b. The insurer must waive all rights of subrogation against the City. 5. Pollution Exposure and/or Asbestos Pollution Liability Coverage must not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnif y the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code. B. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and $2,000,000 general aggregate. It is permissible to use excess/umbrella coverage to meet limit requirements provided the umbrella policies are appropriately endorsed and meet all other requirements. Additionally, a letter clearly identifying the primary policy or policies to which the excess umbrella coverage applies must be submitted attesting to the following: “Umbrella or excess liability policies must provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage must be “pay on behalf”, with defense costs payable in addition to policy limits. There must be no cross liability exclusion of claims or suits by one insured against another, and such coverage must also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.” 2. Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation providing statutory benefits as required by the Labor Code of the State of Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-3 OAK #4839-3351-6127 v1 California with employers liability insurance, with minimum limits of $1,000,000 per accident or disease. 4. Course of Construction insurance coverage must provide “all risk” coverage for the completed value of the project. Policies must contain the following provisions: a. The City must be named as loss payee, and b. The insurer must waive all rights of subrogation against the City. 5. Pollution and/or Asbestos Pollution Liability: $1,000,000 each occurrence/ $1,000,000 policy aggregate. If coverages are written on a Claims Made form: a. The “Retro Date” must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. c. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a “Retro Date” prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. d. A copy of the claims reporting requirements must be submitted to the City for review. Contractor agrees that any available insurance proceeds broader than or in excess of these specified minimum coverage requirements or the limits in subsection (A) shall be available to the additional insureds named above. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified herein; or (2) such broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured for the work performed; whichever is greater. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer must reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or the Contractor must procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, its officers, elected officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-4 OAK #4839-3351-6127 v1 or automobiles owned, leased, hired or borrowed by the Contractor. The coverage must contain no special limitations on the scope of protection afforded to the City, its officers, elected officials, employees, agents or volunteers. b. The Contractor's insurance coverage must be primary insurance as respects the City, its officers, elected officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, elected officials, employees, agents or volunteers must be in excess of Contractor's insurance and must not contribute with it. c. Any failure to comply with reporting provisions of the policies must not affect coverage provided to the City, its officers, elected officials, employees, agents or volunteers. d. The Contractor's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer must agree to waive all rights of subrogation against the City, its officers, elected officials, employees, agents and volunteers for losses arising from work performed by Contractor for the City. 3. All Coverages a. Each insurance policy required by this clause must be endorsed to state that coverage must not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. b. Coverage must not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code. 4. Course of Construction policies must contain the following provisions: a. The City must be named as loss payee. b. The insurer must waive all rights of subrogation against the City. 5. Pollution and/or Asbestos Pollution Liability: $1,000,000 each occurrence/ $1,000,000 policy aggregate. If coverage's are written on a Claims Made form: a. The “Retro Date” must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-5 OAK #4839-3351-6127 v1 c. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a “Retro Date” prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. d. A copy of the claims reporting requirements must be submitted to the City for review. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:VII or as approved by the City. F. Verification of Coverage Contractor must furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to 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. G. Subcontractors Contractor must include all subcontractors as insureds under its policies or mus t furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors must be subject to all of the requirements stated herein. 2.04 BONDS In accordance with Section 3.4 of the Standard Specifications, the Contractor mu st provide the following bonds: Payment Bond equal to 100% of the Contract Bid Price, and Performance Bond equal to 100% of the Contract Bid Price. Both bonds must be on the City's forms. Once the Notice of Completion has been recorded, Contractor to supply a Maintenance Bond equal to 100% of the final Contact Price, including Contract Change Orders, if any, for a period of one-year after the Notice of Completion recorded date. 2.05 LIQUIDATED DAMAGES In accordance with Section 8.6 of the Standard specifications, Liquidated Damages shall be agreed to amount to $2,900 per calendar day 2.06 WITHDRAWALS OF PROPOSALS The City reserves the right to reject any and all bids and to waive any informality or irregularity in the bids received. No bidder may withdraw his/her bid for a period of ninety (90) days from the opening thereof. Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-6 OAK #4839-3351-6127 v1 2.07 DRAWINGS AND SPECIFICATIONS The drawings showing location and character of work are entitled PROTECTED/PERMISSIVE SIGNAL HEAD CONVERSION PHASE 2, numbered 1 through 19 inclusive, and are included as a part of these specifications. The City of Rohnert Park 2010 Manual of Standards, Details and Specifications are the adopted Standard Plans for the City of Rohnert Park and are included as a part of these specifications. Also included by reference as part of these specifications are the Standard Specifications of the CITY OF ROHNERT PARK, Sections 1-10 inclusive, hereinafter referred to as GENERAL PROVISIONS. In addition, the technical provisions of the Standard Plans and Standard Specifications, State of California, Department of Transportation, Business and Transportation Agency, most current edition, and to revisions thereof are included by reference as a part of these specifications insofar as they refer to materials and methods of work where applicable. Wherever in the SPECIAL PROVISIONS reference is made to Caltrans STANDARD SPECIFICATIONS or Caltrans STANDARD PLANS, it is these specifications or plans referred to. 2.08 COOPERATION AND COLLATERAL WORKS The Contractor must conform to the provisions of Section 7.26, "Cooperation and Collateral Works," of the STANDARD SPECIFICATIONS. The Contractor must ascertain the nature and extent of any simultaneous collateral work and must coordinate his operations and cooperate to minimize interference. 2.09 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor must conform to the provisions of Section 7.15, "Preservation of Property," of the STANDARD SPECIFICATIONS. Without additional compensation, the Contractor may remove and replace, in a condition as good as or better than original, such small miscellaneous structures as fences and sign posts, that interfere with the Contractor's operations. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements must be considered as included in the contract prices paid for the various items of work, and no additional allowance will be made therefor. 2.10 PERMITS AND LICENSES The Contractor will not be required to obtain a City permit for this work. The Contractor must have a valid California contractor's license, a Class A or combination of a C-10 and C-31 licenses. The Contractor and all subcontractors will be required to obtain a City Business license. 2.11 APPROVED DEBRIS HAULERS There are three approved debris haulers within the City and contact information is listed below. The Contractor shall contract with one of the two debris haulers for service on the project. Payment for debris hauling shall be included within the Contractor’s bid and no additional payment will be made for using one of the two approved debris haulers. Protected/Permissive Signal Head Conversion, Phase 2 Part 2: Special Provisions Rohnert Park City Proj. No. 2018-30 Page 2-7 OAK #4839-3351-6127 v1 Industrial Carting (Global Materials Recovery Services C&D Recycling Facility) (707) 585-0511 Recology Sonoma Marin 800-243-0291 https://www.recology.com/rec ology-sonoma-marin/ Pacific Sanitation 707-838-2597 http://www.pacific sanitation.com/ When the Contractor utilizes a staging area or storage yard that is fenced and screened, final cleanup of the staging area and storage yard will be completed before the fence and screen are removed, except for spot cleanup or trimming that may be required in areas directly under or adjacent to the fence and screen. Unless expressly waived by the City Engineer, when the contractor utilizes an area for storage of material or staging its activities, the area will be fenced and locked and all fencing will be installed with protective screening (i.e., green screen) to minimize the visual impact of the storage and staging area. 2.12 FIELD REVIEW PRIOR TO BIDDING The bidder must examine carefully the site of the work contemplated and the proposal, plans, specifications, and the contract forms therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications, the Special Provisions, and the contract. 2.13 TESTING The City of Rohnert Park will only pay fo r passing compaction tests meeting the requirements of these specifications. All failing tests will be charged to the Contractor and the costs of such failing tests will be deducted from the contract. In addition, the decision as to when and from what areas tests are to be made will be at the judgment of the Engineer only. 2.14 CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS As of this date of this contact, the full extent and impact of Coronavirus (also known as “COVID- 19”) is not known by the parties. Both parties agree that neither party is (a) deemed to know or to be able to reasonably foresee the extent and impact of COVID-19, or (b) to have assumed the risks associated with COVID-19 by their entry into the construction, except as otherwise expressly stated in the Contract Documents. Notwithstanding the foregoing, Contractor hereby acknowledges that it has investigated and is familiar with and shall comply with applicable health orders and construction field safety protocols established by the Health Officer of the County of Sonoma, including without limitation requirements under Order No. C19-09. Contractor shall establish any required Code of Safety Practices and designated a Site Safety Representative as may be required under such orders. Additionally, Contractor acknowledges that it may be subject to further requirements that may be imposed by State Public Health Officer. Contractor hereby acknowledges that compliance with such requirements constitutes part of the Scope of Work under this Contract. . OAK #4839-3351-6127 v1 PART 3 – STANDARD SPECIFICATIONS Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-1 OAK #4839-3351-6127 v1 PART 3 CONDITIONS OF THE CONTRACT SECTION 1 DEFINITIONS AND TERMS Whenever in these specifications, or in any documents or instruments where these specifications govern, the following terms, or pronouns in place of them, are used, the intent and meaning must be interpreted as follows (except as the context requires a different meaning): Abbreviations AAI American Asphalt Institute AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AISC American Institute Steel Construction AISI American Iron and Steel Institute API-ASME American Pressure Institute - American Society of Mechanical Engineers AREA American Railway Engineering Association ASA American Standards Association ASTM American Society for Testing Materials AWPA American Wood Preservers Association AWA American Welding Society AWWA American Water Works Association CRA California Redwood Association DFPA Douglas Fir Plywood Association NEMA National Electrical Manufacturers' Association WCLA West Coast Lumbermen's Association Acceptance The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the plans and specifications and any modifications thereof previously approved. Bidder Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. City City of Rohnert Park City Engineer The City Engineer of the City of Rohnert Park. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-2 OAK #4839-3351-6127 v1 Contract or Contract Documents The Contract or agreement to be entered into by the successful bidder for the performance of the work must consist of the following documents, each of which is on file in the office of the City Clerk and all of which are incorporated in the Contract and made a part thereof by reference thereto: Contract, Invitation for Sealed Proposals, Instructions and Information to Bidders, Accepted Proposal, Performance Bond, Payment Bond, Special Provisions, Standard Specifications, Design and Construction Standards, Plans, Profiles and Detailed Drawings. Contractor The word “Contractor” must mean the person, persons, partnership or corporation entering into a Contract for the performance of the work required and the legal representative of said party of the agent appointed to act for said party in the performance of the work. Contract Prices Either the unit prices or lump sum amounts to be named in the Contract, or the total of all payments under the Contract at the unit prices or lump sum amounts, as the case may be. This definition is for convenience and reference only, and must not be construed to alter the fact that the Contract is an entire Contract for the performance of all work depicted on the plans and as described herein. Directed Whenever in these specifications the words “directed,” “required,” “permitted,” “ordered,” “instructed,” “designated,” “considered necessary,” “prescribed,” or words of like import are used, it must be understood that the directions, requirements, permission, order, instruction, designation, or prescription, etc. of the City Engineer are intended; and, similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, must mean approved by, or acceptable or satisfactory to the City Engineer, unless otherwise stated. Engineer Engineer must mean properly authorized engineers, inspectors, and superintendents acting severally within their scope of the particular duties entrusted to them by the City Engineer. Federal Agencies Whenever in these specifications reference is made to any Federal Agency or officer, such references must be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdictions and authority of the agency or officer mentioned. Inspector The word “Inspector” must mean the authorized individual or firm acting within the jurisdiction entrusted to it by the City Engineer. Plans The Plans must mean collectively all of the drawings or plans referenced by the project specifications and made a part thereof, and also such supplemental drawings or plans as the City Engineer must issue from time to time in order to elucidate drawings or plans attached to these specifications, or for showing details which are not shown thereon, or for the purpose of showing changes in the work, as authorized in later paragraphs describing changes and extra work. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-3 OAK #4839-3351-6127 v1 Specifications The directions, provisions, and requirements contained herein as supplemented by such special provisions or special specifications as may be necessary, pertaining to the method and manner of performing the work or the quantities and qualities of materials to be furnished under the Contract. The special provisions or special specifications are specified clauses setting forth conditions or requirements peculiar to the project under consideration and covering work or materials involved in the proposal and estimate but not satisfactorily covered by these Standard Specifications. State State of California. Supervision The word “supervision” where used in these specifications to indicate supervision by the City Engineer must mean the performance of obligations and the exercise of rights specifically imposed and granted upon and to the City in becoming a party to the Contract, of which the text of these specifications form a part. Excepting as specifically stated herein, supervision by the City must not be construed to mean active and direct superintendence of the details of work. Surety The word “surety” or “sureties” must mean the bondsmen or party or parties who may guarantee the fulfillment of the Contract by bond, and whose signatures are attached to said bond. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-4 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2.1 INTENT It is the intent of these specifications that the provisions of all sections must apply unless otherwise specified in the Special Provisions, in which case the provisions contained therein must have precedence over those specified in the Standard Specifications. It is also the intent where reference is made to specifications or other organizations for portions of the work, that such reference must apply only to construction methods and materials used in said work. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-5 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 3 AWARD AND EXECUTION OF CONTRACT 3.1 AWARD OF CONTRACT The City reserves the right to accept or reject any or all proposals and waive technical defects as the best interests of the City may require. Award of the Contract, if it be awarded, will be to the lowest responsive, responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be awarded as soon as practicable after the opening of the proposals but not before the time for bid protests set forth below. Proposals in which the prices are obviously unbalanced will be rejected. The proposals will be compared on a basis of the sum of the totals of the items of the schedule as calculated from the given estimated quantities and the unit prices or lump sums of the amount submitted. The entire work will be awarded to one bidder, unless otherwise specified in the Special Provisions. 3.2 BID PROTESTS Any bid protest ("Bid Protest") must be filed in writing with the City Clerk, with a copy to the bidder whose bid is being protested, and served by email or facsimile transmission within 7 (seven) calendar days of the bid opening day. Proof of service of the Bid Protest must be submitted to the City Clerk within one business day of the filing of the Bid Protest. The Bid Protest must state all grounds upon which the protest is based and include all facts and documents in support of each protest ground. Any bidder whose bid is subject to a protest may submit to the City Clerk a written response ("Response") to the Bid Protest, with a copy to the protesting bidder, and served by email or facsimile transmission within 5 (five) calendar days of the service of the Bid Protest. The Bid Protest, and any Response, shall be submitted by the City Clerk 12 (twelve) days after bid opening day to the City Manager or his/her designee for decision ("Decision"). The Decision on the Bid Protest shall be in writing and shall be served upon the protesting bidder, and the bidder whose bid is being protested, via email or facsimile transmission within 5 (five) calendar days of receipt of Bid Protest and any Response. If the City Manager or his/her designee has not issued a written Decision on the Bid Protest within said 5 (five) calendar day period, then the Bid Protest shall be deemed denied. The Decision, by written Decision or deemed denial, shall be final. Failure to comply with these Bid Protest Procedures shall be deemed to be a waiver of the right to protest a bid. 3.3 RETURN OF PROPOSAL GUARANTEES Within 10 days after award of Contract, the City will upon demand return the proposal guarantees accompanying the proposals of all bidders, except those of the three lowest responsible bidders as determined by the City. Proposal guarantees of such three lowest responsible bidders will be held Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-6 OAK #4839-3351-6127 v1 until the Contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 3.4 BONDS Prior to the execution by the City of the Contract, the successful bidder must file good and sufficient bonds to be approved by the City conditioned upon the complete performance of the Contract and upon the payment of claims for labor and materials in connection therewith. The Contractor must pay all premiums and costs thereof and incidental thereto. Such bonds must not be subject to cancellation. The following minimum thresholds require bonds:  Bid bond: Projects over $5,000  Payment and Performance Bonds: Projects over $5,000 Payment Bond: Per California Civil Code Section 9550. The payment bond should contain the terms and conditions set forth in Section 9554 of the Civil Code of the State of California, and must be subject to the provisions of that chapter and, in addition, must be in the amounts which are specified in the Special Provisions. The performance bond must be in an amount specified in the Special Provisions and must be so conditioned as to insure the complete performance of the Contract without exception. Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given to the Contractor to that effect, and he must forthwith substitute a new surety or sureties satisfactory to the City. No further payment must be deemed due or will be made under this Contract until the new surety must qualify and be accepted by the City. Any alterations in the work to be done, or increase or decrease of the materials to be furnished, which may be made pursuant to the terms of said Contract, must not in any way release either the principal or surety thereunder, nor must any extensions of time granted under the provisions of said Contract release either the principal or surety, and notice of such alterations or extensions of the Contract must be waived by the surety. The bonds must be maintained in full force and effect until the Contract has been completely performed and until all claims for material and labor have been paid. Once the Notice of Completion has been recorded, Contractor to supply a Maintenance Bond equal to 100% of the final Contact Price, including Contract Change Orders, if any, for a period of one- year after the Notice of Completion recorded date. 3.5 EXECUTION OF CONTRACT The Contract must be signed by the successful bidder and returned, together with the Contract Bonds and valid insurance on City forms, within fifteen (15) calendar days after the date of mailing written notice to the successful bidder that the Contract has been awarded. 3.6 FAILURE TO EXECUTE CONTRACT Failure to execute a Contract, file acceptable bonds, and/or acceptable insurance as provided herein within said fifteen (15) calendar days shall allow the City, at its discretion, to annul the award and claim the proposal guarantee as provided in the California Public Contract Code. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-7 OAK #4839-3351-6127 v1 responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder, to whom any Contract is so awarded, to execute the same, such bidders' guarantees must be likewise forfeited to the City. The work may then be re- advertised or may be constructed by other means as the City may decide. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-8 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 4 SCOPE OF WORK 4.1 WORK TO BE DONE BY CONTRACTOR The work to be done consists of furnishing all labor, methods or processes, implements, tools, machinery, transportation, insurance, permits, bonds, taxes and materials, except as otherwise specified which are required to install new conduit where needed, conductors; replacing traffic signal heads, controller units, software, and conflict monitors; replacing or relocating signs and sign brackets, and providing traffic control in complete order for use and to leave the grounds in a neat and orderly condition. Where items contain a description of work to be included for payment under a particular item, such description must be considered as including, but not being limited to, the work described. It must be further understood that it is the intent that the cost of all work necessary for the completion of the particular item must be included in the price proposal for the item, unless the cost of such work is specifically included in another item. 4.2 FINAL CLEANUP Before final inspection by the City, the Contractor must clean the site and grounds occupied by it in connection with the work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all parts of the work must be left in a neat and presentable condition. Nothing herein, however, must require the Contractor to remove warning and directional signs prior to formal acceptance by the City. When the Contractor utilizes a staging area or storage yard that is fenced and screened, final cleanup of the staging area and storage yard will be completed before the fence and screen are removed, except for spot cleanup or trimming that may be required in areas directly under or adjacent to the fence and screen. 4.3 CHANGES IN THE CONTRACT - EFFECT BETWEEN PARTIES The City reserves the right to make such alterations or deviations, additions to or omissions from the plans and specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. When such change is ordered, the City Engineer must determine and state in his/her written order to the Contractor made pursuant thereto whether or not in his/her opinion such change constitutes a material change and what adjustment of consideration provided for in the Contract is warranted. Upon written order of the City Engineer, the Contractor must proceed with the work as so increased, decreased or altered. Such action and any disposition thereof may be taken without notice by City to Insurance Underwriters, Sureties, or Guarantors required by this Contract and absence of notice thereto must in no way whatsoever discharge the obligation of any such party. When the City and the Contractor fail to agree as to whether an omission of a portion of the work or alterations, or deviations or additions to or omissions from the plans and specifications ordered by the Engineer or City constitute a material change or difference in character of work as herein Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-9 OAK #4839-3351-6127 v1 contemplated sufficient to warrant adjustment in the consideration provided to be paid to the Contractor or fail to agree on the consideration adjustment or compensation to be allowed for such change, the Contractor must forthwith proceed with the changed work upon receipt of written order from the City Engineer and the following procedures must become operative. Pending a settlement of the dispute, the Contractor must file with the City Engineer, within ten (10) days after receiving such written notice to proceed, a protest setting forth in detail in what particulars the character of the work was changed so as to warrant a consideration adjustment or by what amount the unit cost or other cost was increased or to what extent the consideration demand or reduction in consideration determined by the City Engineer as warranted is excessive. The failure of the parties to agree must in nowise be construed as relieving the Contractor of its duty and responsibility for continuing with performance under the Contract as changed and filing a protest as above provided for. Failure to continue performance under such circumstances must constitute a breach of Contract by the Contractor and the appropriate provisions hereof with relation thereto must apply. The determination of the City Engineer of the amount of reduction in Contract consideration or other consideration to City or increase in consideration or other basis of compensation to Contractor arising out of any such change must be final and binding upon the Contractor, unless it files such a protest as hereinabove provided within ten (10) days after receiving notice from the City Engineer to proceed. Payment by City on the basis of Contract prices so adjusted must constitute full and final performance of City obligation hereunder. If the parties fail to agree prior to completion of the Contract, final payments must not be delayed but must be made in accordance with the City Engineer's determinations subject to further claim of the Contractor and compliance by City with court order, but nothing contained in this clause must excuse the Contractor from proceeding with the prosecution of the work as changed. 4.3.1 Reduction in Cost If the cost of work to the Contractor is reduced by reason of any modification of the Contract, compensation must be made to the City therefor or proportionate reduction in Contract consideration must be made therefor. 4.3.2 Quantity Changes The quantities given in the proposal schedule for unit price items are for comparing proposals and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated, and no claims must be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices proposed. 4.3.3 Extra Work (a) The City reserves and must have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to revise the details of the contemplated work or to add work of a different character or function and have the Contractor perform such revised or added work, as extra work, when such extra work is considered by the City Engineer to be vitally appurtenant to the satisfactory completion of the project. Extra Work is defined as added work of a different character or function and for which no basis for payment is prescribed; or that involving revisions of the details of the work in such a manner as to render inequitable payment under items upon which the Contractor proposed; or that work to be done under stipulated prices as given in the Schedule of Bid Prices. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-10 OAK #4839-3351-6127 v1 The signing of the Contract by the Contractor will be deemed to be an agreement on its part to perform extra work, as and when ordered by the City Engineer. The Contractor must give notice to the sureties on the Contractor's bonds if the estimated total value of the Contract, as changed or supplemented, must exceed the original total proposal price by more than twenty-five percent (25%), but failure to give such notice must in no way whatsoever affect the surety's obligation under said bonds. If required extra work results in delay to the work, the Contractor will be given an equivalent extension of time. (b) Upon decision of the City to have extra work performed, the City Engineer will so inform the Contractor, acquainting it with the details of the new work. Should an item of work within the proposal schedule correspond with the type of work to be done under extra work to the mutual satisfaction of the Contractor and the City, the extra work must be performed at the stipulated bid price and in the manner provided for said item. Should such extra work not correspond to a stipulated bid price, the Contractor must prepare a price for said work based upon its estimate of cost and submit said price and estimate to the City Engineer based on one of the following methods as requested by the City: (1) For a stated unit price or lump sum amount based upon current prevailing fair prices for materials, labor, plant, overhead, and profit. (2) On a cost plus markup basis (force account by the Contractor). All work done by the Contractor on a cost plus markup basis will be computed in the manner hereinafter described, and the compensation thus provided must be accepted as payment in full by the Contractor, and no additional payment will be allowed for the use of small tools, superintendent's services, timekeeper's services, nor any other overhead expenses incurred in the prosecution of the force account work. Total Cost Must Include: MATERIALS: For all materials purchased by the Contractor and used in this specific work, it will receive the actual cost less normal discounts of such materials, including freight and delivery charges, as shown by original receipted bills. It must be understood, however, that such salvage value, as may be agreed upon between the City and the Contractor for materials which are not permanently incorporated in the work, will be deducted from the total amount as derived above. The City reserves the right to furnish such materials required as it deems advisable, and the Contractor must have no claim for profit on the cost of such materials. LABOR: For all direct labor engaged in the specific operation, the Contractor will receive the prevailing wage paid on the project for each and every hour that said labor is actually engaged in such work. In addition, the City will reimburse the Contractor for compensation insurance payments; contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the Federal Government, as required by the Social Securities Act, approved August 14, 1935, as amended. EQUIPMENT RENTAL: For any machine, power and equipment which is deemed necessary, the Contractor must receive the actual cost of rented equipment furnished by it as shown on its paid vouchers. For the use of equipment owned by the Contractor, it must be paid the rental rates Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-11 OAK #4839-3351-6127 v1 currently prevailing in the locality, and said rental rates must be deemed to include profit and overhead, and no extra compensation will be allowed, nor will any percentage or amount whatsoever be added thereto. MARKUP: (i) Work by Contractor. A 15% allowance must be added to Contractor's direct costs and must constitute the markup for all overhead and profit on work by the Contractor. The Contractor must also be compensated for the actual increase in the Contractor's bond premium caused by the extra work. (ii) Work by Subcontractor. When any of the extra work is performed by a Subcontractor, a 15% allowance must be added to the Subcontractor's direct costs and must constitute the markup for all overhead and profit on work by the Subcontractor. In addition, a 5% allowance must also be added to the Subcontractor's direct cost and must constitute the markup for all overhead and profit for the Contractor on work by the Subcontractor. The Contractor must also be compensated for the actual increase in the Contractor's bond premium caused by the extra work. (c) The Contractor must not commence extra work until it has secured the approval of the City as to the method and amount of payment thereunder, excepting that the City Engineer may, in writing, order the Contractor to proceed with extra work in advance of such approval. (d) Upon receipt of the Contractor's price, the City Engineer will make an analysis thereof, and the City will adopt one of the following procedures for prosecuting extra work: (1) Accept the Contractor's price for lump sum or unit price amount in the original or amended form and direct Contractor to proceed with the work; or direct Contractor to perform the work on a cost plus markup basis. (2) Have the work performed by the City under separate contract, without undue interference or hindrance to the Contractor and without claim or suit by the Contractor for damages on account thereof. 4.4 MAINTENANCE OF DETOURS The Contractor must construct and maintain detours and detour bridges for the use of public traffic as provided in the Special Provisions, or as shown on the plans or as directed by the Engineer, and payment for such work will be made as set forth in the Special Provisions or at the contract prices for the items of work involved if the work being performed is covered by contract items of work, and no other method of payment therefor is provided in the Special Provisions. Otherwise, the work will be paid for as extra work as specified under Paragraph 4.3 of this section. When public traffic is routed through the work, provisions for passageway through construction operations will not be considered as detour construction or detour maintenance. Detours used exclusively by the Contractor for hauling materials and equipment must be constructed and maintained by Contractor at Contractor’s expense. The failure or refusal of the Contractor to construct and maintain detours at the proper time must be sufficient cause for closing down the work until such detours are in satisfactory condition for the use of public traffic. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-12 OAK #4839-3351-6127 v1 Where the Contractor's hauling is causing such damage to the detour that its maintenance in a condition satisfactory for public traffic is made difficult and unusually expensive, the Engineer must have authority to regulate the Contractor's hauling over the detour. 4.5 USE OF MATERIALS FOUND ON THE WORK The Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable, in the opinion of the Engineer, as may be found in the excavation, but it must replace at its own expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the embankments, backfills, bridge approaches, or otherwise. No charge for materials so used will be made against the Contractor. The Contractor must not excavate or remove any materials from within the project location which is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-13 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 5 CONTROL OF THE WORK 5.1 AUTHORITY OF CITY ENGINEER The City Engineer must decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work and all questions which may arise as to the interpretation of the Plans and Specifications. His/her decision must be final, unless otherwise ordered by the City Manager, and he/she must have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. 5.2 PLANS The approved Plans are hereby made a part of these Specifications. These Plans show in general the nature and dimensions of the work to be done. It is hereby understood that changes may be made according to the best interests of the City. 5.3 CONFORMITY WITH PLANS Finished surfaces in all cases must conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans and working drawings, as may be required by the exigencies of construction, will in all cases be determined by the City Engineer and must be authorized in writing by him/her. The Contractor must have Plans and Specifications for the project on the project location at all times and must make these Plans and Specifications available to the Engineer upon request. 5.4 WORKING DRAWINGS The Contractor must submit such working drawings, in quadruplicate, as required by the Special Provisions. Working drawings for any structure must consist of such detailed plans as may be required for the prosecution of the work and are not included in the plans furnished by the City. They must include shop details, erection plans, masonry layout diagrams, and bending diagrams for reinforcing steel, which must be approved by the Engineer before any work involving these plans is performed. Plans for cribs, cofferdams, falsework, centering, and form work will be required and must be subject to approval, unless approval is waived by the Engineer. These plans will be subject to approval insofar as the details affect the character of the finished work, but other details of design will be left to the Contractor, who must be responsible for the successful construction of the work. It is expressly understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreement of dimensions and details. Full compensation for furnishing all working drawings must be considered as included in the prices paid for the various Contract items of work, and no additional allowance will be made therefor. 5.5 COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS These Specifications, the Plans, Special Provisions, Contract Change Orders, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is binding as Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-14 OAK #4839-3351-6127 v1 though occurring in all. They are intended to be cooperative and to describe and provide for a complete work. In case of discrepancy either in the Plans or Specifications, the matter must be promptly submitted to the City Engineer who must make a determination in writing. Any adjustment by the Contractor without this determination must be at its own risk and expense. If the Contractor, in the course of the work, finds any discrepancy in the Plans in the physical conditions of the locality or any errors or omissions in the Plans or in the layout as given by survey points and instructions, it must immediately notify the Engineer in writing who must promptly verify the same. Any work or material not herein specified or shown on the Plans, but which be fair implication in the judgment of the City Engineer, should be included therein, must be done or furnished as a part of the Contract as though shown or included in the Plans or Specifications. Any work done after such discovery, until authorized, must be done at the Contractor's risk. 5.6 INTERPRETATION OF PLANS AND SPECIFICATIONS Should it appear that the work to be done or any of the matter relative thereto are not sufficiently detailed or explained in the Plans and Specifications, the Contractor must apply to the Engineer for such further explanations as may be necessary and must conform to them as part of the Contract, so far as may be consistent with the original Specifications; and in the event of any doubt or question arising respecting the true meaning of the Specifications, reference must be made to the City Engineer, whose decision thereon must be final. In the event of any discrepancy between any Plans and the figures written thereon, the figures must be taken as correct. 5.7 SUPERINTENDENCE Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer, which must be received and obeyed by the superintendent or foreman or authorized representative who may have charge of the particular work in reference to which the orders are given. Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will, on request of the Contractor, be given or confirmed by the Engineer in writing. An authorized representative of the Contractor must be present at the site of the work at all times, both while work is actually in progress of the Contract and during periods when work is suspended. Where the Contractor is comprised of two or more persons, co-partnership or corporations, functioning on a joint venture basis, said Contractor must designate in writing to the City the name of their authorized representative who must have supreme authority to direct the work and to whom orders will be given by the Engineer, to be received and obeyed by the Contractor. The Contractor must have a sufficient number of superintendents or foremen on the site of the work to adequately supervise and direct each major type of its construction work, and when, in the opinion of the Engineer, the Contractor's required supervisory personnel are considered inadequate, the Contractor, upon request from the City, must promptly provide adequate personnel. 5.8 LINES, GRADES AND MEASUREMENTS Initial staking out of the work will be done by the Contractor, unless otherwise stated in the Special Provisions. The Contractor will establish control lines and offset lines and set all stakes normally Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-15 OAK #4839-3351-6127 v1 required in order that the Contractor can make the necessary measurements therefrom for the layout of the details of its work without the need for surveyors. Survey stakes and bench marks removed by the carelessness of the Contractor or its employees will be replaced by the City at the Contractor's expense. The Contractor must employ skilled personnel for making measurements and skilled mechanics for setting equipment or metal parts that are to be permanently imbedded in or attached to proposed structures. Any inaccuracies in the placing of equipment or metal parts must be remedied by the Contractor at its own cost. Any inaccuracies in the performance of the Contractor's work due to faulty transfer or measurements must be remedied by the Contractor at its own expense. 5.9 INSPECTION 5.9.1 Except as otherwise provided in paragraph 5.9.4 below, all material and workmanship, if not otherwise designated by the Specifications, must be subject to inspection, examination and test by the Engineer at any and all times during manufacture and/or construction and at any and all places where such manufacture and/or construction are carried on. The Engineer must have the right to reject defective material and workmanship or require its correction. Rejected workmanship must be satisfactorily corrected, and rejected material must be satisfactorily replaced with proper material without charge therefor, and the Contractor must promptly segregate and remove the rejected material from the premises. If the Contractor fails to proceed at once with the replacement of rejected material and/or the correction of defective workmanship, the Engineer may by Contract or otherwise replace such material and/or correct such workmanship and charge the cost thereof to the Contractor, or may terminate the right of the Contractor to proceed. 5.9.2 The Contractor must furnish promptly without additional charge, all reasonable facilities, labor, and materials necessary for the safe and convenient inspection and tests that may be required by the Engineer. All inspection and tests by the Engineer must be performed in such a manner as not unnecessarily to delay the work. Special, full size, and performance tests must be as described in the Specifications. The Contractor must be charged with any additional cost of inspection when material and workmanship are not ready at the time inspection is requested by the Contractor. 5.9.3 Inspection of material and finished articles to be incorporated in the work at the site must be made at the place of production, manufacture, or shipment, whenever the quantity justifies it, unless otherwise stated in the Specifications; and such inspection and written or other formal acceptance, unless otherwise stated in the Specifications, must be final, except as regards latent defects, departures from specific requirements of the Contract, damage or loss in transit, frauds, or such gross mistakes amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of material and workmanship for final acceptance as a whole or in part must be made at the site. Nothing contained in this paragraph must in any way restrict the City's rights under any warranty or guarantee. No work must be covered by a succeeding operation until the Engineer has had adequate notice and a sufficient opportunity to inspect the work. Any violation of this requirement will be deemed an attempt to defraud the City, and the work covered may be rejected. The Contractor must comply promptly with the instructions of the Engineer. Failure to so comply must be sufficient cause for breach of Contract. The Engineer may, when in the best interests of the City, order a suspension of the work or any part of the work which is not, in his/her opinion, proceeding satisfactorily. The inspection of the work must not relieve the Contractor of any of its obligations to fulfill its Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-16 OAK #4839-3351-6127 v1 Contract as prescribed. 5.9.4 Should it be considered necessary or advisable by the Engineer at any time before final acceptance of the entire work to make an examination of work already completed, and upon which adequate notice and sufficient opportunity for inspection was as provided in the previous paragraph, by removing or tearing out same, the Contractor must on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or non-conforming in any material respect due to fault of the Contractor or its Subcontractors, it must defray all the expense of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual direct cost of labor and material necessarily involved in the examination and replacement, plus markup as determined in Section 4.3, must be allowed the Contractor, and it must, in addition, if completion of the work has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. 5.9.5 All inspection by the City, the Engineer, or the Engineer’s representative is for the use by the City in determining the acceptability of the project by the Engineer. The Contractor is responsible for the quality of all materials supplied and all workmanship. The Contractor must provide and implement a quality control program independent of the inspections provided by the City. Such quality control program must be designed to ensure materials and workmanship are of first quality in conformance with these specifications and the best practices of the construction industry. The contractor’s quality control plan must be submitted to the Engineer for review within 15 days of Notice to Proceed. Approval of the quality control plan by the Engineer does not relieve the contractor of providing sufficient tests or certifications to provide a complete and useable product in accordance with these specifications. 5.10 UNAUTHORIZED WORK AND DEFECTIVE WORK OR MATERIALS Any work done beyond the scope of the Plans, Specifications, established by the City Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section 5, the City Engineer must have authority to cause defective work or materials to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the cost from any moneys due or to become due the Contractor notwithstanding that such defective work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. 5.11 METHODS AND EQUIPMENT Equipment not suitable to produce the quality of work required will not be permitted to operate on the project. Of the City Engineer or City representative observes the potential of Contractor’s equipment damaging City property, the City Engineer or City representative reserves the right and authority to stop work. Contractor shall not be granted extra additional days or compensation for the delay of stop work. Plants must be designed and constructed in accordance with general practice for such equipment and must be of sufficient capacity and of such character to insure the production of sufficient material to carry the work to completion within the time limit. The Contractor must provide adequate and suitable equipment and plants to meet the above Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-17 OAK #4839-3351-6127 v1 requirements and, when ordered by the Engineer, must remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants. Each machine or unit of equipment must be operated by a person experienced in handling the particular make of machine or unit of equipment in use, at a speed or rate of production not to exceed that recommended by the manufacturer. All vehicles used to haul materials over existing highways must be equipped with pneumatic tires. Beam scales for use in batchers, proportioning plants, platform scales, or for other purposes must be equipped with “V” blocks and pivots of hard steel in all hangers or other points of support which are used as parts of the weighing mechanism. 5.12 FINAL INSPECTION AND ACCEPTANCE The work will be inspected by the City for acceptance promptly upon receipt of notice in writing, for the Contractor, that the work required under the Contract has been performed. If, in the judgment of the City Engineer, the work has been completed in accordance with the Plans and the Specifications and is ready for acceptance, he/she will so certify and accept the completed work in accordance with the City’s approved procedures. The City Engineer will, in his/her certification to the City, give the date upon which the work was completed. Upon acceptance by the City pursuant to such certification, the date of completion as certified by the City Engineer will be the date of completion of work up to which penalties for liquidated damages, if any, will be computed. 5.13 CLEANUP WORK During construction the Contractor must keep the site reasonably free and clear from all rubbish and debris. Care must be taken to prevent spillage when hauling is being done on any public road or street, and any such spillage or debris resulting from the Contractor's operation must be immediately cleaned up. Upon the completion of the work, the Contractor must remove all plants, building, rubbish, unused materials, concrete forms and other like material belonging to it or used under its direction during the construction. In the event of its failure to do so, the same may be removed by the City at the expense of the Contractor. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-18 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 6 CONTROL OF MATERIALS 6.1 CITY-FURNISHED MATERIALS The Contractor must notify the City as to the time at which it will require those materials which are to be furnished by the City. This notice must be given in sufficient advance of actual need to avoid delay. City-furnished materials will be delivered Freight on Board (f.o.b.) trucks at the site of the work. The site of the work must be construed as meaning the nearest point to the work which is readily accessible to trucks. The Contractor will be charged with any standby or demurrage charges which may accrue at the point of delivery because of his failure to unload the trucks immediately upon their arrival at the site of work. The Contractor must receive and be responsible for these materials, storing those which may be damaged by the elements, in a safe, substantial manner until they are used in the work. Any materials delivered in an acceptable condition to the Contractor by the City and subsequently lost to or rejected by the City due to damages from handling, transporting, storing, flood waters, fire, or for any other reasons before its acceptance in the completed work, must be paid for by the Contractor. The total value of such materials will be deducted from moneys due or becoming due the Contractor. Any condemned material must be immediately and permanently removed from the site of work by the Contractor. Any of the City's materials, remaining unused after all requirements for said materials have been met, must be promptly returned to the City in acceptable condition. These materials must be returned by the Contractor f.o.b. the City's truck at the site of work and at such points as will be conveniently accessible to City transportation. The Contractor must not sell, assign, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract, without the formal consent of the City. 6.2 MATERIALS TO BE FURNISHED BY THE CONTRACTOR Unless otherwise specified herein, or on the Plans and Specifications, the Contractor must furnish all materials required for the completion of the Contract. The cost of hauling, storing and handling of all the materials required to be furnished by the Contractor must be included in the unit price proposal in the schedule for the work for which the materials are required. 6.3 SOURCE OF SUPPLY AND QUALITY OF MATERIALS It must be the Contractor's responsibility to require material suppliers and Subcontractors to furnish materials which meet the requirements of the Specifications. All materials which are to become part of the completed project must be new and must conform to the requirement prescribed therefor in these Specifications or as specified in the Special Provisions. Unless otherwise waived in writing by the Engineer, the Contractor will be required to furnish the City with certification prepared and signed by the manufacturer and/or supplier to the effect that items furnished meet all the requirements of the Specifications. Such certification must be furnished Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-19 OAK #4839-3351-6127 v1 prior to the use of the material in any part of the construction. In the case of sand and gravel to be used for concrete construction, the Contractor must notify the City's representative in writing, the sources of the available materials and secure source approval in writing prior to placing order for delivery of this material to the job site. 6.4 WATER AND ELECTRIC POWER Unless otherwise indicated in the proposal schedules, the responsibility must be upon the Contractor to provide, pay all cost for, and maintain at his own expense an adequate supply of water and electric power of a quality suitable for its construction and domestic purposes. The Contractor must indemnify, defend, and save harmless the City against any and all claims or suits for damages arising from its acquisition and use of electric power and water. 6.5 MATERIALS AND WORKMANSHIP All material furnished by the Contractor must be of the specified quality and equal to approved samples, if samples have been submitted. All work must be performed and completed in a thorough, workmanlike manner, notwithstanding any omission from the Plans and Specifications. All work done and all materials furnished must comply with these Specifications to the satisfaction of the City. Materials furnished by the Contractor and condemned by the Engineer as being unfit for use must be immediately and permanently removed from the site of work. Unused materials, except such as furnished by the City, must remain the property of the Contractor. 6.6 STORAGE OF MATERIALS Materials must be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary by the Engineer, they must be placed on wooden platforms or other hard, clean surfaces and not on the ground. They must be placed under cover when so directed. Stored materials must be so located as to facilitate prompt inspection. 6.7 SAMPLES AND SPECIMENS The Contractor must submit specimens or samples of materials to be used in the work as the Engineer may require. 6.8 TRADE NAMES AND ALTERNATIVES For convenience in designation on the Plans or in the Specifications, certain equipment or articles or materials may be designated under a trade name of a manufacturer and its catalogue information. The use of alternative equipment or an article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the City Engineer, in accordance with the following requirements: The burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials must be upon the Contractor, and its must furnish, at its own expense, all information necessary or related thereto as required by the City Engineer. The City Engineer must be the sole judge as to the comparative quality and suitability of alternative equipment or articles or materials, and his/her decision must be final. The price proposal by the Contractor is assumed to be on the basis of trade names specified or Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-20 OAK #4839-3351-6127 v1 designated in the Specifications. Savings resultant from use of a less expensive equal or alternate must accrue to the City and must be subtracted from the unit price for this item. 6.9 REMOVAL OF EQUIPMENT OR MATERIALS The Contractor must not sell, assign, mortgage, hypothecate or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract without the formal consent of the City. 6.10 TESTING OF MATERIALS Unless otherwise specified elsewhere in the Specifications or in the Special Provisions or called for in the Plans, all tests of materials and work for determining compliance with specified requirements must be performed by the City or its authorized representative. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-21 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY 7.1 LAWS TO BE OBSERVED The Contractor must keep itself fully informed of all existing and future State and Federal laws and County and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The contractor must at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and must indemnify, defend, and save harmless the City and all its officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications, or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor must forthwith report the same to the City Engineer in writing. 7.2 PERMITS The City will obtain all necessary rights and approvals for the work to occupy properties in streets, highways or railways. The Contractor must obtain all permits and pay any fees connected therewith having to do with its construction operations. The Contractor must furnish the City with a copy of all permits and must fully comply with all conditions and provisions of same. Bidders must contact railway companies affected by the work under the project and ascertain their requirements in respect to indemnification agreements, bonds and insurance. Upon award of Contract, the Contractor must immediately again contact the railway company and, if required, enter into an indemnification agreement, and furnish bonds and insurance, and pay the fees therefor. All expenses incurred by the railway company as a result of the Contractor's operations must be borne by the Contractor. 7.3 PATENT CLAIMS The bidder must include in the price proposal for the work the patent fees or royalties or charges upon any patented article or process which it may furnish or use in the prosecution of the work, and the bidder to whom the Contract is awarded must indemnify, defend and save harmless the City against any legal action that may be brought for infringement of patents upon any articles or processes that may be used by it in the prosecution of the work. The contractor must furnish satisfactory evidence of release of all claims of this nature before the final payment is made upon the Contract. 7.4 SANITARY PROVISIONS The Contractor must provide and maintain in a neat and sanitary condition such accommodations for the use of its employees as may be necessary to comply with all applicable laws, ordinances and regulations pertaining to the public health and sanitation of dwellings and camps. Enclosed toilets must be provided for the use of the persons employed or engaged on any work under these Specifications. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-22 OAK #4839-3351-6127 v1 7.5 RIGHT OF WAY AND RIGHT OF ACCESS The City will acquire all permanent rights of way or permanent easements required for the constructed project. The Contractor is hereby empowered to use the site for the purposes described in the Specifications. The responsibility for obtaining the right to enter, remove, alter, or make use of any existing road, culvert, bridge, canal, pipeline, levee, fence or similar barrier, lines of communications or improvement of any nature, or the trespassing on privately owned lands, must be in the hands of the Contractor, and it must indemnify, defend and save harmless the City from any and all claims for such damages occasioned by such entering, removing, altering, using or trespassing. In case of interference to the work by delay of the City in furnishing permanent rights of way or permanent easements, the Contractor will be allowed an extension of time equivalent to the time lost by unavoidable delay in the completion of the Contract because of the failure to furnish the rights of way on time, but no damages will be allowed or paid for such delay. Rights of way and/or easements and construction easements have been secured for work sites, and for trails and roadways as considered necessary for ingress and egress to the work site. Such rights and/or easements have been delineated on the Plans. The right to enter, remove, alter, or otherwise make use of adjacent property, roads, utility lines, fences, vegetation and other improvements as not included within the rights of way or easements must be at the sole expense and responsibility of the Contractor. 7.6 PUBLIC CONVENIENCE AND ACCESS The Contractor must conduct its operations so as to cause the minimum obstruction and inconvenience to traffic and to places of business and residence adjacent to the work. No greater quantity of work must be under construction at any one time than can be properly conducted with due regard for the rights of the public. Where existing streets are not available as detours, all traffic must be permitted to pass through the work with as little inconvenience and delay as possible, unless otherwise provided or authorized. If half the street only is under improvement, the other half must be conditioned and maintained as a detour. The work must be conducted by tunneling, backfilling or bridging where necessary to provide access to fire hydrants and water gates; driveways to service stations, markets or other places of business requiring public vehicular access; and driveways to private residences, unless the Contractor makes other arrangements satisfactory to the City. Temporary approaches to intersecting streets and alleys must be provided and maintained in good condition. Safe crossings for pedestrians must be provided at intervals of not more than 300 feet. 7.7 STORAGE OF MATERIALS IN PUBLIC STREETS, ROADS OR HIGHWAYS Construction materials must not be stored in streets unless permitted by the City Engineer. 7.8 PUBLIC SAFETY Attention is called to the “Construction Safety Order,” “Trench Construction Safety Orders,” “General Safety Orders,” and “Tunnel Safety Rules” of the California Division of Occupational Safety and Health to which the Contractor is required by law to conform. The contractor must provide itself with copies of these rules and orders and must keep a copy of each at the site of its operations and must be governed by the requirements thereof. The requirements concerning Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-23 OAK #4839-3351-6127 v1 Ventilation, General Safety Precautions, Transportation, Roof Inspection, Timbering, and all rules and regulation concerning the use of explosives are of particular importance. 7.9 STREET CLOSURES, DETOURS, BARRICADES In addition to the requirements of this paragraph and Section 4 of these Specifications, the Contractor must, unless otherwise permitted by the City Engineer, conform to the requirements for street closures, detours and barricades as stipulated in the Special Provisions. However, the City Engineer may permit deviations from the requirements stipulated therein when such deviations are to the best interests of the City and are approved by the County, City or State authorities concerned. During the progress of the work, adequate provisions must be made by the Contractor to accommodate the normal traffic along streets and highways immediately adjacent to or crossing the work so as to cause a minimum of inconvenience to the general public. The Contractor must give due notice to local police and fire departments prior to beginning construction and must cooperate with said departments in complying with their requirements pertaining to emergency vehicles and equipment. The Contractor must comply with the requirements of the County, City or State authorities concerned in regard to their requirements for closure of streets; the providing of barriers, guards, lights, temporary bridges, flagmen and watchmen; and the posting of proper notices or signals to the public regarding detours and the condition of the work under construction so as to effectively guard the public from danger as a result of the work being done under the Contract. The Contractor must fully comply with such requirements. The Contractor must also be held responsible for compliance with any additional requirements as may arise during the progress of the work. All costs involved in respect to the above requirements will be considered as included in the prices proposal for the various items of work. The Contractor must furnish, install, and upon completion of the work, remove all signs and warning devices required for directing and protecting the public during construction. The signs and posting thereof must conform to the current requirements as specified in the manuals covering signs published by the Division of Highways, Department of Public Works of the State of California. Copies of these manuals are on file in the office of the Engineer. The Contractor must notify the appropriate authorities of any municipality or unincorporated area 24 hours in advance of the start of any construction work being done in said municipality or area. The provisions of Paragraph 7.18, “Emergencies and Responsibility for Damage,” must apply to the precautions and safeguards taken by the Contractor in connection with the closure of streets, barricades, detours, signs, etc., as required by the above authorities. 7.10 USE OF EXPLOSIVES The use of explosives will not be permitted unless otherwise stated in the Special Provisions. If permitted, the method employed and the quantity of explosives used must at all times be subject to the approval of the Engineer. Explosives must be handled, used and stored in accordance with the provisions and requirements of all applicable laws, ordinances and regulations with respect thereto. The approval by the Engineer for the use of explosives must not relieve the Contractor from its responsibility to indemnify, defend and save harmless the City from any legal actions or claims brought against it because of or on account of the use of explosives. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-24 OAK #4839-3351-6127 v1 7.11 PRESERVATION OF PROPERTY The Contractor must be held responsible for the protection of the restoration of, or the replacement of, any improvements such as, but not limited to, lawns, trees, shrubs, hedges, fences, walls, sidewalks, driveways, curbs, gutters and pavement existing on public or private property at the start of work or placed there during the progress of work and not being specified or shown on the drawings to be either temporarily or permanently removed. The Contractor must be held responsible for the removal of all USA Markings created within the project limits, and in relation to the project. Replacement or restoration must meet the approval of the Engineer. With respect to trees, the Contractor must obtain permission from the Engineer and from the jurisdictional agency concerned prior to the removal or trimming of any trees, except where a tree is specifically indicated on the Plans or in the Specifications to be removed. Trees which are so indicated need not be replaced except where otherwise stipulated in the Specifications. All costs involved in the protection and restoration of existing improvements as herein specified must be included in the prices proposal for the various items of work. 7.12 PRESERVATION OF MONUMENTS The Contractor must not disturb any monuments or stakes found on the line of improvements without permission from the Engineer, and must bear the expenses of resetting any monuments or stakes which may have been disturbed with such permission. The Contractor must reset all street signs and traffic signs disturbed by it during the progress of the work. 7.13 SAFEGUARDING EXCAVATIONS AND STRUCTURES In making excavations for the project, the Contractor must be fully responsible for providing and installing adequate sheeting and/or timbering and bracing as may be necessary as a precaution against slides or cave-ins, and to protect all existing improvements of any kind, either on public or private property, full from damage. The Contractor must make necessary repairs to or reconstruction of any such improvements damaged at its own expense and as directed by the Engineer. The Contractor must remove all shattered rock or other loose material which appears dangerous to workmen or to structures. The fact that such removal may enlarge the excavation beyond the required limits must not operate to relieve the Contractor from the necessity of making such removal, and the Contractor must be entitled to no additional compensation under any Contract item on account of such removal and enlargement. All material required for sheeting, bracing and shoring must be furnished by the Contractor and upon completion of the work, except for such as may be left in place, must become the property of the Contractor. 7.14 EMERGENCIES AND RESPONSIBILITY FOR DAMAGE The Contractor, at all times throughout the performance of the Contract, must take all precautions necessary to effectually prevent any accident or other cause of damage to life or property in any place affected by the operations in consequence of work being done under the Contract and in consequence of any unusual conditions which may arise, and must to this end erect and maintain suitable and sufficient barriers, signs, lights, or other necessary protection. This requirement must also apply to interruption or contamination of public water supply, irrigation, or other public services, or from the failure of partly completed works. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-25 OAK #4839-3351-6127 v1 If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he/she may order the Contractor to take further precautions, and if the Contractor must fail so to do, the Engineer may order the work done by the City forces and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, must not relieve the Contractor from its full responsibility for public safety. The Contractor must indemnify, defend and save harmless the City from any legal actions or claims of every name and description brought against it for, or on account of, any injury or damage to person or property received or sustained by any person or persons by or from the Contractor, or any duly authorized Subcontractor or any agent, employee or workman, by or on account of work done under the Contract of any extension or addition thereof caused by its negligence, or by or in consequence of any negligence in guarding the same, or any material used or to be used for the same, or by or on account of any material, implement, appliance or machine used in the construction, or by or on account of any accident or of any act or omission of the Contractor, or of any duly authorized Subcontractor or any agent, employee or workman. A sufficient amount of the money due the Contractor under the Contract as must be determined to be necessary by the City may be retained until all legal actions or claims for damages as aforesaid have been settled and evidence to that effect has been furnished to the City. This amount may be retained in addition to that provided for in Paragraph 9.5. All of the above provisions must include suits for loss of business and/or obstruction or inconvenience to business or private property owners. 7.15 DISPOSAL OF MATERIAL OUTSIDE OF CITY'S RIGHT OF WAY Unless otherwise specified in the Special Provisions, the Contractor must make its own arrangements for disposing of materials outside of City's right of way at its own profit or loss, and it must pay all costs involved therewith. When any material, including excess or unsuitable excavated earth or other materials are to be disposed of outside of City's right of way, the Contractor must first obtain written permit from the property on whose property the disposal is to be made, and it must file said permit or a certified copy thereof, together with a written release from the property owner, absolving the City from any and all responsibility in connection with disposal of material on said property. Unless otherwise provided in the Special Provisions, full compensation for all costs involved for disposing of materials, as above specified, must be considered as included in the prices paid for the various Contract items of work, and no additional allowance will be made therefor. 7.16 CONTRACTOR'S RESPONSIBILITY FOR WORK The submitting of a proposal hereunder must be considered as evidence that the bidder has carefully examined the site of the work with regard to the climatic and physical conditions which will affect construction operations. The Contractor must, throughout the entire term of the Contract, assume all risks and expense of interference and delay in its operations, and the protection from or the repair of damage to improvements being built by it under the Contract as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground, or other sources. The Contractor must Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-26 OAK #4839-3351-6127 v1 also assume full responsibility and expense of protecting or removing and returning to the site of work all equipment or materials under its care endangered by any action of the elements. Furthermore, the Contractor must indemnify, defend and save harmless the City against all claims or suits for damage arising from his operations in dewatering the work and control or diversion of water. All works installed by the Contractor in connection with dewatering, control, and diversion of water, but not specified to become a permanent part of the project, must be removed and the site restored, insofar as practical, to original condition at the Contractor's own expense. 7.17 CITY ENGINEER CANNOT WAIVE OBLIGATIONS It is expressly agreed that neither the City Engineer nor any of his/her agents must have the power to waive any of the obligations of these Specifications for the furnishing by the Contractor of good and suitable material and for performing the work as herein described. Failure or omission on the part of the City Engineer, or any of his/her assistants or agents, to condemn defective or inferior work or materials, must not imply acceptance of the work, nor release of the Contractor from obligations at once to tear out, remove and properly replace the same without compensation, at its own cost and expense at any time, upon the discovery of said defective work and material, prior to the final acceptance of the entire Contract; neither must such failure or omission nor any acceptance by the City or by the City Engineer or any other officer or employee of the City be construed as barring the City at any subsequent time from recovery of damages from the Contractor and its sureties, and of such a sum of money as may be needed to remove and to build anew all portions of the work in which fraud was practiced, or improper work or material hidden. 7.18 RIGHTS IN LAND IMPROVEMENTS Nothing in these Specifications must be considered as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner, or tenant of such land, structure or building. 7.19 PERSONAL LIABILITY Neither the City, the City Engineer, nor any of his/her agents or other officer or authorized employee of the City must be personally responsible for any liability arising under the Contract. The Contractor must maintain in full force and effect, during the entire life of the Contract, public liability, property damage and personal injury insurance in amounts not less than specified in the Special Provisions. The Contractor must maintain on file with the City during the entire life of the Contract a memorandum of coverage or other evidence of such insurance, issued by the underwriter. Said insurance referred to must not be cancelled or renewal thereof declined unless notice is mailed to the named insured at least 45 days prior to the effective date or renewal or at least 60 days prior to the effective date of cancellation. In addition, if a public agency is named as an additional insured by way of endorsement or certificate of insurance, notice should be given to said public agency. The Contractor must pay all premiums whether said premiums cover extra work or work under regular contract items. 7.20 REPAIR OF EQUIPMENT Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-27 OAK #4839-3351-6127 v1 The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment, or tools used in or upon the work must be considered a part of the work to be performed under the Contract, and any laborers, workmen, or mechanics working on such machinery, equipment or tools, unless employed by bonafide commercial repair shops, garages, blacksmith shops, or machine shops, which have been established and operating on a commercial basis for a period of at least two months prior to the award of the Contract, must be subject to all of the requirements relating to labor set forth herein and in these Provisions. 7.21 CONTRACTOR'S LEGAL ADDRESS The address given in the proposal must be considered the Contractor's legal address, but this may be changed at any time by notice in writing to the City at its office. The delivery to such address, or the depositing in the United States mails in a sealed envelope, postpaid, registered and properly directed to the Contractor's legal address, of any communications must be considered a legal and sufficient service of the same upon the Contractor. 7.22 COOPERATION AND COLLATERAL WORKS Where two or more contractors are employed in related or adjacent work, each must conduct its operations in such manner as not to cause any unnecessary delay or hindrance to the other. Each contractor must be responsible to the other for all damage to work, to person or property, or for loss caused by failure to finish the work within the specified time for completion. The Contractor must also coordinate its work and cooperate with contractors or workmen employed by other agencies on or adjacent to the site of the work. 7.23 UTILITIES Utilities for the purpose of these specifications must be considered as including, but not limited to, pipelines, conduits, transmission lines, and appurtenances of “Public Utilities” (as defined in the Public Utilities Act of the State of California) and those of private industry, businesses, or individuals solely for their own use or for use of their tenants; and storm drains, sanitary sewers, street lighting, and traffic signal systems. All utility service interrupted or severed by the Contractor's operation must be immediately reinstated by temporary connections, and permanent reconstruction must be made as soon as construction operations permit. The City has, by a search of known records, endeavored to locate and indicate on the drawings, all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the drawings is not guaranteed. Service connections to adjacent property may or may not be shown on the drawings. It must be the responsibility of the Contractor to determine the exact location of all utilities and their service connections. The Contractor must make its own investigation as to the location and type of existing utilities and their appurtenances and service connections which may be affected by the Contract work and must notify the City as to any utility located by it which has been incorrectly shown or omitted from the drawings. Work required in connection with utilities because of interference with Contract work will be performed and paid for as specified in the following paragraphs, 7.27.1 through 7.22.8; however, when directed or approved by the City Engineer, changes in line or grade of structure being built may be made in order to avoid utilities. The cost of such changes will be paid for as extra work. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-28 OAK #4839-3351-6127 v1 7.23.1 By Other Than the Contractor: When it is stated in the Special Provisions or indicated on the drawings that a utility is to be relocated, altered, or reconstructed by other than the Contractor, the City will conduct all negotiations with the owners in respect to such work, and the work will be done at no cost to the Contractor. 7.23.2 By the Contractor Under A Specified Contract Item: When the bidding schedule contains a separate item covering the relocation, alteration, or reconstruction of a utility by the Contractor, the price proposal for said item must cover all costs involved in such work. The utility owner's drawings and Special Provisions will give the construction details for the work, and, unless the time at which the work must be done is specified in the Special Provisions, the Contractor must coordinate with the utility owner in respect to when the work is to be done. 7.23.3 By the Contractor But Not Under a Specified Contract Item: When work on a utility is specified or indicted on the Plans to be done by the Contractor, but is not included as a separate Contract item in the bidding schedule, the City will make all arrangements with owner of the utility in respect to the construction details; however, the Contractor must coordinate with the utility owner as to when the work is to be done. Any costs for such work must be absorbed in the unit prices or included in the lump sum amounts proposal for the various Contract items. 7.23.4 By the Contractor - Service Connections: The alteration, temporary relocation or reconstruction of service connections to adjacent property must be the responsibility of the Contractor, and the contractor must notify occupants of the affected properties before service is interrupted and make all arrangements with the utility owners regarding requirements of interruption and reconstruction of service connections. The costs for such work on service connections must be absorbed in the unit prices or included in the lump sum amounts proposal for the various Contract items, unless otherwise specified in the Special Provisions. Reconstruction of sanitary sewer house connections must be accomplished in the manner shown on the Plans. 7.23.5 By the Contractor for His Own Convenience: The temporary relocation or the alteration of any utility desired by the Contractor solely for its own convenience in the performance of the Contract work to a position or condition other than that provided for in the Special Provisions or shown on the Plans must be the Contractor's own responsibility, and the contractor must make all arrangements with the owners of the utility regarding such work. Any cost of such work for the Contractor's own convenience must be absorbed in the unit prices or included in the lump sum amounts proposal for the various Contract items. 7.23.6 By the Contractor or by Others – Unknown Utilities Disclosed during Contract Work: In the event that a utility is disclosed subsequent to the award of Contract, such utility not being indicated on the drawings, the alteration, relocation, or proper support and protection must be done and paid for as follows: Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-29 OAK #4839-3351-6127 v1 7.23.6.1 When said utility is found to occupy the space required to be occupied by a part of the permanent works to be constructed under the Contract, or when said utility is more or less parallel with the conduit and, in the case of the pipe conduit, found to be within vertical planes of each side of the pipe a distance away from the pipe equal to ten inches for pipe 96 inches or less in diameter and equal to twelve inches for pipe greater than 96 inches in diameter or to be within the specified excavation pay lines (when such are specified or shown on the drawings), the City will arrange for the relocation or alteration of said utility or require the Contractor to do same as extra work. However, when said utility is found to cross the excavation laterally, but not to intercept the permanent works to be constructed, then the Contractor will be required to maintain the utility in place at its own expense. 7.23.6.2 When said utility is more or less parallel with and any portion of it does not lie within the vertical planes specified hereinabove (for pipe conduit) or does not lie within the excavation pay lines (when such are specified or shown on the drawings), the Contractor must advise the City thereof, and, in cooperation with the City, provide and place the necessary support for proper protection to insure continuous and safe operation of the utility structure. All costs for such work must be borne by the Contractor, unless it is ascertained by the City that the utility's franchise is such as to require the utility to bear such costs, in which case it must be the responsibility of the Contractor to secure enforcement of said franchise if it so desires. 7.23.7 Responsibility of the Contractor The Contractor must be held responsible for all costs for the repair of any and all damage to the Contract work or to any utility (whether previously known or disclosed during the work), as may be caused by its operations. Utilities not shown on the drawings to be relocated or altered by others must be maintained in place by the Contractor. Utilities which are relocated by others in order to avoid interference with structures and which cross the project work must be maintained in their relocated positions by the Contractor. At the completion of the Contract work, the Contractor must leave all utilities and appurtenances in a condition satisfactory to the owners and the City. 7.23.8 Delays Caused by Failure to Relocate Utilities Where parties other than the Contractor are responsible for the relocation of utilities, in accordance with the provisions of these Plans and Specifications, and a delay in the Contractor's work is caused by the failure on the part of said parties to remove or relocate such utilities in time to prevent such delay. It must be understood that the Contractor must not be entitled, as a result of such delay to its work, to damages or additional payments over and above the Contract price. If delays in the Contractor's work are caused by the reason mentioned hereinabove, the Contractor must be entitled to an extension of time. The length of such extension of time will be determined by the City, with consideration as to the effect of the delay on the project as a whole. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with construction works, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted must be constructed by the Contractor immediately following the relocation of the utility involved. Should the omitted portion of the work consist of concrete pipe, the Contractor may complete said portion by constructing a field joint. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-30 OAK #4839-3351-6127 v1 Unless otherwise specified, where sewers, drainage water, gas or any other conduits and related structures and appurtenances which have been abandoned or which are to be abandoned as a result of the construction of this project are found to interfere with construction, the interfering portions must be removed and the remaining exposed portions sealed with either a wall of concrete not less than six inches thick. All salvable castings or steel parts which interfere with construction must be removed, and the Contractor must contact the owners and, if required, must deliver such materials f.o.b. the owner's trucks at the site of the work; otherwise, such material must become the property of the Contractor and must be disposed of by the contractor away from the site of work. The cost of all such work must be absorbed in the prices proposal for the various items of work, unless it is ascertained that the franchise of the former owner is such as to require it to bear such costs, in which case it must be the responsibility of the Contractor to secure enforcement of said franchise if it so desires. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-31 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 8 PROSECUTIONS AND PROGRESS 8.1 SUBCONTRACTS The Contractor may sublet the Contract work only in accordance with the provisions of these Specifications and with the consent of the City. The prime Contractor must be held responsible to see that its subcontractors and material suppliers conform to all the provisions of these Specifications. If the Contractor, after complying with these conditions, must sublet any portion of the proposed work to a Subcontractor, the Contractor under the original Contract must remain directly responsible to the City for all work being performed by it or by any Subcontractor under it, and all obligations imposed upon the Contractor in the original Contract must be equally binding upon any Subcontractor under it. The City will deal directly with and make all payment to the original Contractor. Contractor understands and acknowledges that the Subletting and Subcontracting Fair Practices Act (as set forth in the California Public Contracts Code) applies to the Contract and Contractor Agrees to comply with the terms of said Act. 8.2 ASSIGNMENT The Contractor must not assign the Contract or sublet it as a whole without the written consent of the City. The Contractor must not assign or permit the assignment of or any lien on any money due or to become due to it hereunder without the proper consent of the City. 8.3 PROGRESS OF THE WORK Time is of the essence in this Contract. Unless otherwise provided in the Special Provisions, the Contractor must begin work not later than 15 calendar days after the date of the Notice to Proceed, and the contractor must prosecute the work with due diligence so as to complete the work within the time specified in the Special Provisions or within such extension of time as may be granted. Should the Contractor begin work in advance of receiving notice that the Contract has been approved as above provided, any work performed by it in advance of said date of approval must be considered as having been done by it at its own risk and as a volunteer, unless such Contract is so approved. 8.4 CHARACTER OF WORKMEN The Contractor must employ none but skilled foremen and workmen upon work requiring special qualifications. When required by the Engineer, the contractor must discharge from the work and must not again employ without the consent of the Engineer any employee who is incompetent, disorderly, abusive, dangerous, insubordinate, or who in any way attempts to interfere with the employees of the City in the inspection and supervision of the work. Any representative of the Contractor who is proven to have deliberately given false information about the performance of any part of the work must be discharged if so ordered by the City Engineer. 8.5 TEMPORARY SUSPENSION OF WORK The City Engineer may order the Contractor to suspend work when, in his/her opinion, the conditions are such as to prevent the work being properly carried out. Such conditions may include: war, government regulations, labor disputes, strikes, fire, floods, adverse weather or elements, Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-32 OAK #4839-3351-6127 v1 inability to obtain material, labor or equipment, required extra work, or other specific as may be further described in the Specifications. When delay is caused by such order, an extension of time may be granted when the conditions, in the opinion of the City Engineer, are such as could not have reasonably been foreseen. It is agreed that under no circumstances must the Contractor be excused from performance or entitled to any extra compensation or reimbursement because of any such suspension. 8.6 TIME OF ESSENCE, LIQUIDATED DAMAGES, EXTENSION OF TIME BY CITY Time is of the essence, and, in case all the work called for under the Contract in all parts and requirements is not finished or completed by the date set forth in the Special Provisions, it is agreed by the parties to the Contract that circumstances and conditions as reflected by records of the City are such that material damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of any by reason of such delay. It is, therefore, expressly agreed that the Contractor will pay to the City the sum stated in Special Provisions per day for each and every calendar days delay in finishing the work beyond the date prescribed; and the Contractor agrees to pay said liquidated damages as herein provided. In case the same are not paid, Contractor agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract. It is further agreed that in case the work called for under the Contract is not finished and completed in all parts and requirements by the date specified, the City must have the right to extend the time of completion or not, as may be deemed to best serve the interest of the City. If it is decided to increase said time, said City must further have the right to charge to the Contractor, its heirs, assigns or sureties and to deduct from the final payment for the work all or any part, as may be deemed proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such extension, except that cost of final surveys and preparation of final estimate must not be included in such charges. The time of completion will be extended and the Contractor must not be assessed with liquidated damages during any delay beyond the day named for completion of the work caused by Acts of God or acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, and freight embargoes or delay of subcontractors due to such causes, provided the Contractor must notify the Engineer in writing of such cause or causes of delay within ten (10) days from the beginning of any such delay and includes in each monthly pay request the number of days of such delay which occurred in said pay period. Subject to and until entry of a judgment of a court of competent jurisdiction holding contrary to the decision of the Engineer's ascertainment of the facts of existence of such a cause of delay, the extent of the delay and of what constitutes a reasonable extension of time of completion in consequence thereof must be final and conclusive. Failure to give notice of cause of such time delay and failure of inclusion of the Contractor's request for extension based thereon in the monthly pay request as hereinabove provided will be deemed a waiver of right to extension of time for such cause subject only to impossibility of compromise therewith by the Contractor. It is agreed that under no circumstances must the Contractor be excused from performance or entitled to any extra compensation or reimbursement because of any delay occasioned by or in any Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-33 OAK #4839-3351-6127 v1 way arising out of any Acts of God or acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, and freight embargoes or delay of subcontractors due to such causes. 8.7 DEFAULT BY CONTRACTOR If the Contractor fails to begin delivery of material and equipment, to commence the work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the City without liability for damage, when in the City's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the work without the City's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract unit prices or lump sums proposal and the quantity of the work completed at the time of cancellation, less damages caused to the City by acts of the Contractor. The Contractor, in having tendered a Proposal, must be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the City declares the Contract canceled for any of the above reasons, written notice to that effect must be served upon the Surety. The Surety must, within 5 days, assume control and perform the work as successor to the Contractor. If the Surety assumes any part of the work, it must take the Contractor's place in all respects for that part, and must be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default must be payable to the Surety as the work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the work by City forces, by letting the unfinished work to another Contractor, or by a combination of such methods. In any event, the cost of completing the work must be charged agai nst the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety must pay to the City within 5 days after the Notice of C ompletion resolution, all costs in excess of the sums due. The provisions of this subsection must be in addition to all other rights and remedies available to the City under law. 8.8 WORK AT NIGHT – Not Applicable 8.9 MAXIMUM LENGTH OF OPEN TRENCH Except by special permission of the Engineer, the maximum length of open trench where prefabricated pipe is used must not be greater than 500 feet, or the distance necessary to accommodate the amount of pipe installed in a single day, whichever is the greater. The distance is the collective length, including excavation, construction, pipe laying, backfilling, and compaction at any one location. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-34 OAK #4839-3351-6127 v1 Except by special permission of the Engineer, the maximum length of open trench in any one location where concrete structures are poured in place will be that which is necessary to permit the uninterrupted progress of construction of the concrete structure, with construction pursued as follows: excavation, setting of reinforcing steel, pouring of floor slab, walls, and cover slab or arch are to follow each other without any one of these operations preceding the next nearest operation by more than 200 feet. Except by special permission of the Engineer, the maximum length of open trench in any one location where prefabricated concrete box conduit is used will be that which is necessary to permit the uninterrupted progress of construction of the concrete structure with construction pursued as follows: excavation, setting of reinforcing steel, pouring of floor slab, erection of side walls, erection of cover slab, and pouring of filler spaces are to follow each other without any one of these operations preceding the next nearest operation by more than 200 feet. 8.10 LIMITED ACCEPTANCE OF WORK At any time during the progress of the work, the City may, upon written notice to the Contractor, take over and utilize the whole or part of the work, or appurtenance thereto which has been completed, giving, if desired, permits to utilize the same. Such use by the City must constitute a limited acceptance of that part of the work so taken over and utilized which must relieve the Contractor and its sureties from responsibility for any damage to, or defect in, that part of the work not inherent in its construction which may be caused by the use of such part by the City or by property owners under its permits. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-35 OAK #4839-3351-6127 v1 STANDARD SPECIFICATIONS SECTION 9 MEASUREMENT AND PAYMENT 9.1 MEASUREMENT FOR PAYMENT Measurement and calculations of quantities for payment will be as hereinafter specified for the particular material to be furnished or class of work to be performed, unless otherwise specified in the Special Provisions. It must be understood that the unit prices or lump sum amounts proposal must include full compensation for furnishing all labor, materials, tools, and equipment and doing all work shown on the Plans or stipulated in the Specifications for that particular item of work, unless otherwise specified in the Special Provisions. When payment is specified to be made on the basis of weight, the weighing must be done on certified platform scales, and the Contractor must furnish the Engineer with the duplicate Certified Weighmaster's Certificates showing the actual net weights. When weighing is done on certified scales at a mixing plant, duplicate weight delivery tickets will be accepted. One ticket must be furnished to the inspector at the plant and one ticket to the Engineer at the site of work. The City will accept the certificates as evidence of the weight delivered. 9.2 SCOPE OF PAYMENT The Contractor must accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, and equipment necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, except as hereinbefore provided or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the Plans and Specifications. Neither the payment of any estimate nor of any retained percentage must relieve the Contractor of any obligation to make good any defective work or material. 9.3 DEDUCTIONS FROM PAYMENTS The City may, at its option and at any time, retain out of any amounts due the Contractor sums sufficient to cover any unpaid claims, provided that sworn statements of said claims must have been filed with the City. 9.4 SCHEDULE OF VALUES Prior to the Contractor’s application for the first progress payment, Contractor must submit a detailed breakdown of its bid by scheduled Work items and/or activities, including coordination responsibilities and project record document responsibilities. Where more than one subcontractor comprises the work of a work item or activity, the Schedule of Values must show a separate line item for each subcontract. Contractor must furnish such breakdown, of the total Contract Sum, by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, which cumulative sum equals the total Contract Sum. The format and detail of the breakdown must be as directed by City to facilitate and clarify future progress payments to Contractor for Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-36 OAK #4839-3351-6127 v1 direct Work under Contract Documents. This breakdown must be referred to as the Schedule of Values. Contractor’s overhead, profit, insurance, cost of bonds and/or other financing, as well as “general conditions costs,” (e.g., site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), must be prorated through all activities so that the sum of all the Schedule of Values line items equal Contractor’s total Contract Sum. City will review the breakdown in conjunction with the Progress Schedule to ensure that the dollar amounts of this Schedule of Values are, in fact, fair market cost allocations for the Work items listed. Upon favorable review by City, City will accept this Schedule of Values for use. City must be the sole judges of fair market cost allocations. Any attempt to increase the cost of early activities, i.e., “front loading,” will be rejected by City, resulting in a complete reallocation of monies until such “front loading” is corrected. Repeated attempts at “front loading” may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to City. 9.5 PAYMENTS AND MONTHLY ESTIMATES The City Engineer will, after the award of Contract, establish a monthly payment closure date. This date will be the date which will terminate each working month during the life of the Contract for which a monthly payment is payable. The Contractor will, within 5 days after the established monthly payment closure date of each month during the period in which work is being performed, make and deliver to the City two signed copies of monthly Contract payment applications stating the amount or percentage of work completed according to the Contract, as of the closure date established, estimated on the basis of the unit or lump sum Contract prices. No allowance will be made for materials and equipment not incorporated into the work. The City will independently verify the Contractor's monthly payment application and create a monthly progress payment request. The City's determinations for the amounts or percentages of work completed are final. Except as otherwise provided in a labor compliance program applicable to the Work or as otherwise required by Owner, concurrently with each Application for Payment, Contractor shall submit to Owner Contractor’s and its Subcontractors’ certified payroll records required to be maintained pursuant to Labor Code Section 1776 for all labor performed during pay periods ending during the period covered by the Application for Payment The City will prepare a warrant in an amount sufficient with all previous payments to make the aggregate 95 percent of the amount earned as certified, provided, however, that the City at any time after 50 percent of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining partial payments in full, less authorized deductions. The partial payments made as the work progresses will be payments on account and must in no way be considered as an acceptance of any part of the work or materials of the Contract, nor must they in any way govern the final estimate. Extra work will be paid for as specified in Section 4.3.3. Payments for unit price items will be made upon the basis of the unit prices proposal and the quantities of work done, calculated as hereinafter specified, for each particular item of work. However, where several types of work are included in a unit price item, the City will make partial payment for the portions of such work as are completed at the time of making the monthly estimates. All monies due the Contractor under the Contract will be paid on demand by the City, prepared and Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-37 OAK #4839-3351-6127 v1 approved as required by law, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of Contract on the part of the City. Payments for lump sum items will be based upon the lump sum proposal and the City's estimate as to the percentage of completion. 9.6 PAYMENT FOR EXTRA WORK Payment for extra work will be made as provided by Section 4.3.3. Where payment is to be made on a force account basis, the Contractor and the City's representative must compare records of extra work performed by the Contractor on a force account basis at the end of each day. Copies of these records will be made in duplicate by the City's representative and must be signed by both the inspector and the Contractor's Representative, one copy being forwarded to the Contractor and one copy to the City. Bills for extra work must be signed by the Contractor and submitted to the City. Each month the Contractor must include in the monthly payment application an estimate of the amount or cost of extra work performed as included in approved Contract Change Orders. The Contractor must submit, at the same time it returns the signed monthly payment application, a complete itemized statement of claim for all costs of extra work performed. Failure to include such a statement or claim for extra work for the pay period, or failure to deliver a complete statement for extra work in excess of that estimated by the City Engineer, must constitute a waiver on the part of the Contractor to any claim for payment for extra work not therein included. 9.6.1 Method of payment for extra work approved as specified in Section 4 under unit price or lump sum amounts or at stipulated prices must be the same as that for Contract items as set forth in this Section. 9.6.2 Payment for extra work by Contractor's force account must be made in the following manner: Upon verification by the Engineer of the Contractor's statement for force account work, a claim will be prepared upon the proper claims form for approval of the City Engineer and presentation to the City Manager, for his approval and direction. 9.7 FINAL PAYMENT Upon completion of the Contract work, the City Engineer will, upon acceptance of the work by the City and 35 days after the date of recordation of the Notice of Completion, present the Contractor's claim for the balance of the total Contract price, less any sums which may lawfully be retained under the Contract. Unless qualified by the Contractor under the procedure established in Section 9.5 hereof, the final progress payment request of the City Engineer must be taken as conclusive evidence of the amount of work done under the Contract. If the Contractor qualified its acceptance of the final progress payment and the parties fail to agree prior to the termination of the 35-day period after recordation of Notice of Completion, the final payment must not be delayed but must be made in accordance with the City Engineer's determination, subject to further claim of the Contractor and compliance by City with court order. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-38 OAK #4839-3351-6127 v1 SECTION 10 CLAIMS BY CONTRACTOR 10.1 OBLIGATION TO FILE CLAIMS FOR DISPUTED WORK 10.1.1 Should it appear to Contractor that the Work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of this Contract, performance of the Contract, and/or compliance with Contract procedures, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow all other procedures set forth in the Contract Documents and Standard Specifications. If a dispute remains, then Contractor shall give written notice to City that expressly invokes this Section 10. City shall decide the issue in writing within 15 days; and City’s written decision shall be final and conclusive. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a decision timely, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to promptly file a written claim setting forth Contractor’s position as required herein. 10.1.2 Contractor shall present as its claims all Subcontractor, sub-Subcontractor and supplier claims of any type, and prove them under the terms of the Contract Documents. City shall not be directly liable to any Subcontractor, any supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from the Project. 10.2 FORM AND CONTENTS OF CLAIM 10.2.1 Contractor’s written claim must be submitted via registered mail or certified mail with return receipt requested and must identify itself as a “Claim” under this Section 10 and must include the following: (i) a narrative of pertinent events; (ii) citation to contract provisions; (iii) theory of entitlement; (iv) complete pricing of all cost impacts; (v) a time impact analysis of all time delays that shows actual time impact on the critical path; (vi) reasonable documentation supporting items (i) through (v); and (vii) a verification under penalty of perjury of the claim’s accuracy. The Claim shall be submitted to City within thirty (30) calendar days o f receiving City’s written decision, or the date Contractor contends such decision was due, shall be priced like a change order, and must be updated monthly as to cost and entitlement if a continuing claim. Routine contract materials, for example, correspondence, RFI, change order requests, or payment requests shall not constitute a Claim. Contractor shall bear all costs incurred in the preparation and submission of a Claim. 10.2.2 Upon receipt of a Claim, City shall conduct a reasonable review of the Claim. Within 45 days, or such expended period as City and Contractor may agree, City shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. 10.2.3 If City’s governing body must approve City’s response to the Claim and the governing body has not met within the 45-day (or extended) period, then City shall provide its written statement within three (3) days of the governing body’s meeting. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-39 OAK #4839-3351-6127 v1 10.2.4 City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion. 10.2.5 Claims must be submitted on or before the day of final payment. Claims not submitted before final payment are deemed waived. 10.2.6 Notwithstanding and pending the resolution of any claim or dispute, Contractor shall diligently prosecute the disputed work to final completion in accordance with City’s determination. 10.3 INFORMAL CONFERENCE AFTER CLAIM SUBMISSION 10.3.1 If the Contractor disputes City’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. 10.3.2 Within ten (10) days of the meet and confer conference City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. 10.3.3 City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion. 10.4 MEDIATION 10.4.1 If the Contractor disputes City’s statement provided under Paragraph 10.3(B) it shall inform City and the parties shall mutually agree to a mediator within 10 business days of the written statement. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 10.4.2 Mediation shall be confidential and non-binding. Unless otherwise agreed, by the parties or as provided in this Paragraph 10.4, the mediation shall be pursuant to the construction mediation procedures of JAMS and held at the JAMS office closest to the Project site. 10.4.3 The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of mediation upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010, et seq. The parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The mediator will undertake to resolve any discovery disputes relating to the mediation. 10.4.4 For Claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to this Paragraph 10.4 shall excuse the mediation obligation under Public Contract Code Section 20104.4(a). 10.4.5 If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved as otherwise provided by the Contract and applicable law. Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-40 OAK #4839-3351-6127 v1 10.4.6 Following receipt of a Claim, the parties may mutually agree, in writing, to waive the mediation requirements of this Paragraph 10.4 and proceed to the commencement of a civil action. 10.4.7 All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. 10.5 OTHER MATTERS 10.5.1 The provisions of this Section 10 constitute a non-judicial claim settlement procedure that, pursuant to Government Code Section 930.2, shall constitute a condition precedent to submission of a valid Government Code Claim under the Government Code. Contractor shall bear all costs incurred in the preparation, submission and administration of a claim. Any claims presented in accordance with the Government Code must affirmatively indicate Contractor’s prior compliance with the claims procedure herein and the previous dispositions under Paragraphs 10.3 and 10.4 above of the claims asserted. No suit may be brought against City arising out of or in connection with the Project unless and until Contractor presents to City a statutory Government Code Claim, in accordance with Government Code Sections 910, et seq. Pursuant to Government Code Section 930.2, the one-year period in Government Code Section 911.2 shall be reduced to 150 days from either accrual of the cause of action, substantial completion or termination of the contract, whichever occurs first; in all other respects, the Government Code shall apply unchanged. 10.5.2 Failure to submit and administer claims as required in Section 10 shall waive Contractor’s right to claim on any specific issues not included in a timely submitted claim. Claim(s) or issue(s) not raised in a timely protest and timely claim submitted under this Section 10 may not be asserted in any subsequent litigation, Government Code Claim, or legal action. 10.5.3 Contractor shall submit Subcontractor claims in the same manner as other Claims. In the event a Subcontractor (on behalf of the Subcontractor or a lower-tier subcontractor) requests Contractor in writing to present a Claim to the City and furnishes reasonable documentation supporting the Claim, Contractor shall, within 45 days of receipt of the written request, notify the Subcontractor in writing as to whether the Contractor presented the claim to City and, if the Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not doing so. 10.5.4 All waivers or modifications of this Section 10 may only be made a writing signed by City and Contractor, and approved as to form by legal counsel for both; oral or implied modifications shall be ineffective. 10.5.5 Any failure by City to respond within any time frame contained in Paragraphs 10.2 through 10.5 of this Section shall result in the Claim being deemed rejected in its entirety. No failure to meet a time requirement shall constitute an adverse finding with regards to the merits of the Claim or the responsibility or qualifications of the Contractor. 10.6 COMPLIANCE WITH STATUTORY PROCEDURES 10.6.1 The foregoing provisions of Paragraphs 10.2 through 10.5 are intended to comply with Public Contract Code Section 9204 and, to the extent applicable, Public Contract Code Section Protected/Permissive Signal Head Conversion Phase 2 Part 3: Standard Specifications Rohnert Park City Proj. No. 2018-30 Page 3-41 OAK #4839-3351-6127 v1 20104, et seq. In the event of any conflict, the applicable Public Contract Code provision will apply. OAK #4839-3351-6127 v1 PART 4 – TECHNICAL SPECIFICATIONS Protected/Permissive Signal Head Conversion, Phase 2 Part 4: Technical Specifications Rohnert Park City Proj. No. 2018-30 Page 4-1 OAK #4839-3351-6127 v1 TECHNICAL SPECIFICATIONS 1 DESCRIPTION OF BID ITEMS Item 1 – Project Management and Mobilization: Includes project management tasks such as mobilization, organizing the work, submitting and revising (if necessary) materials submittals, ordering parts and equipment, training, public notifications, coordinating with subcontractors, and other tasks necessary to plan and execute the work to the City’s satisfaction. Item 2 – No. 14 Conductors: Includes cost of materials, equipment, labor to install, tag and terminate No. 14 conductors in new or existing conductors as shown on the plans. Item 3 – Conduit into Pull Box: Includes cost of materials, equipment, labor to install 3” Conduit into existing pull box, including the cost of tunneling under existing curb and gutter, sidewalk repair, and asphalt concrete patching as needed. Item 4 – Replace Left Turn Traffic Signal Heads on Mast Arm: Includes cost of materials, equipment and labor to remove existing left turn traffic signal head and mounting from signal mast arm and furnish and install new head (3-section or 4-section, as noted on the plans) and mounting bracket on mast arm and remove conductors from mast arm. Item 5 – Replace Left Turn Head on Type 1 or 15 with Flashing Yellow Arrow: Includes cost of materials, equipment and labor to remove existing left turn traffic signal head and mounting from either Type 1 or Type 15 pole, modify or replace the signal mounting assembly, and install the new 4-section flashing yellow arrow (FYA) signal head along with re-installing other existing signals heads within the same modified mounting. Item 6 – Install Model 400 Load Switch: Includes cost of materials, equipment and labor to furnish and install a Model 400 Load Switch per the Caltrans Traffic Electrical Equipment Specification (TEES) latest edition and all addenda, and verifying proper operation as indicated on the plans. Item 7 – Replace Controller Unit and Software: Includes cost of materials, equipment and labor to disconnect, remove and dispose of existing Type 170 controller unit, coordinate with software vendor to obtain timing sheets, furnish, install and program new Type 2070E controller unit to provide the operations shown on the plans. Item 8 – Replace Conflict Monitor: Includes cost of materials, equipment and labor to remove and dispose of existing conflict monitor and furnish and install EDI Type 2010ECL conflict monitor, and program monitor for operations shown on the plans. Item 9 – Replace Signal Mounting: Includes cost of materials, equipment and labor to remove and dispose of existing traffic signal mounting, furnish, install new mounting, configure new or existing signal heads on new mounting, and terminate conductors on signal heads to provide operation as shown on the plans. Protected/Permissive Signal Head Conversion, Phase 2 Part 4: Technical Specifications Rohnert Park City Proj. No. 2018-30 Page 4-2 OAK #4839-3351-6127 v1 Item 10 – Install Push Button Assembly (PBA) Post and Conduit: Includes cost of materials, equipment and labor to install foundation and PBA post with 6” (minimum) button extension, conduit stub between new post and adjacent conduit, pull new conductors into new conduit stub and terminate conductors, and spread out excavated materials to form a smooth and evenly sloped surface adjacent to new PBA post. Item 11 – Sign Panel and Mounting Bracket: Includes cost of materials, equipment and labor to remove existing sign panel and bracket, furnish and install new sign, furnish and install new bracket or clean and re-use existing bracket, on signal mast arm pole, signal pole, or other post. Item 12 – Relocate Street Name Sign (SNS) and Install Bracket: Includes cost of materials, equipment and labor to remove G7 Street Name Sign and brackets from traffic signal mast arm, dispose of existing bracket, furnish and install new bracket and back brace including all connectors and install existing sign in new location. Item 13 – Relocate Sign and Install Bracket: Includes cost of materials, equipment and labor to remove Sign and brackets from traffic signal mast arm, dispose of existing bracket, furnish and install new bracket and back brace including all connectors and install existing sign in new location. Item 14 – Traffic Control (per location): Includes cost of materials, equipment and labor to provide traffic control for lane or shoulder closures and/or temporary stop control. Unit price shall represent the average cost per intersection. BID ALTERNATE #1 ITEMS Item 1 – Additive Alternative Item-3” Conduit (Exempt): Includes cost of materials, equipment, labor to furnish and install 3” Conduit including backfill per City Standard 215 , U.S.A. markings, and potholing utilities within the intersection. Quantity is to be determined during the course of work, and actual quantity may vary from 0% to 200%. Unit price is fixed regardless of final quantity. Item 2 – Additive Alternative Item-Conduit into Pull Box (Exempt): Includes cost of materials, equipment, labor to install 3” Conduit into existing pull box, including the cost of tunneling under existing curb and gutter. Quantity is to be determined during the course of work, and actual quantity may vary from 0% to 200%. Unit price is fixed regardless of final quantity. BID ALTERNATE #2 ITEMS Item 1 – Additive Alternative Item-Replace 8” Head with 12” Head: Includes cost of materials, equipment and labor to remove and dispose of existing 8” 3-section signal head and furnish and install 12” 3-section signal head, modify and repaint signal mounting, and incorporate new signal head into signal mounting. 2 TRAFFIC CONTROL FOR TRAFFIC SIGNAL SHUTDOWNS Protected/Permissive Signal Head Conversion, Phase 2 Part 4: Technical Specifications Rohnert Park City Proj. No. 2018-30 Page 4-3 OAK #4839-3351-6127 v1 Traffic signal shutdowns shall be limited to the hours of 9:00 a.m. to 4:00 p.m., Mondays to Fridays. Contractor shall provide typical traffic control plans as part of Materials Submittals for three-leg and four-leg intersections. Traffic Control Plans shall conform to Section 6 of the most recent California Manual on Uniform Traffic Control Devices. At a minimum, Contractor shall provide temporary Stop signs on temporary mountings that place the signs at 7 feet from pavement surface to bottom of sign, at least two signs per approach (one on the right sidewalk and one in the median, or if no median, one each on the right and left sidewalks- pedestrian access shall be maintained at all times). Signs shall be covered or turned away from traffic while the traffic signal is in normal operations. Temporary warning signs with text “CHANGED CONDITIONS AHEAD” and red or orange warning flags shall be posted on each modified approach the day work on the traffic sign al modification begins. Signs and flags shall remain in place for 90 days after signal work is completed. Signs shall not be placed in vehicle lanes, shall be positioned so at least 3 -feet clear space is available in bike lanes and 4-feet clear space is available on sidewalks. 3 SIGNS Signs and mounting brackets shall conform to section 82, “Signs and Markers” of the Caltrans Standard Specifications, the California Manual on Uniform Traffic Control Devices (most recent edition), and the Caltrans Sign Specification (most recent edition), and these Special Provisions. Sign panels shall be aluminum and sign legends shall be retroreflective. 4 SIGNALS AND STREET LIGHTING SYSTEMS Traffic signal modification work shall conform to the provisions in Section 86, "General," and Section 87, “Electrical Systems,” and all referenced sections, of the 2018 (most recent revision) Caltrans Standard Plans and Specifications and these Special Provisions. 4.1 Maintaining Existing Signal Systems See Section 87.21.03B in the Standard Specifications. Contractor shall call Underground Service Alert at 811 or 800-642-2444 a minimum of 5 working days before beginning excavation. Contractor shall coordinate with City of Rohnert Park staff to ensure all traffic signal conduits are marked with special care for traffic signal interconnect. Traffic signal shutdowns shall be limited to the hours of 9:00 a.m. to 4:00 p.m. Manual traffic control shall be provided near schools, if school is in session, during morning and evening school access times when traffic signals are shut down. Protected/Permissive Signal Head Conversion, Phase 2 Part 4: Technical Specifications Rohnert Park City Proj. No. 2018-30 Page 4-4 OAK #4839-3351-6127 v1 4.2 Equipment Lists and Drawings Submittals will be required for the following items:  Covid Protocol  Controller unit  Controller Software  Conflict monitor  Vehicle Signal Faces and Signal Heads  Conductors  Conduit  Concrete backfill  Signs  Sign Mountings  Schedule  Warning flags  Traffic Control Plan 4.3 Signal Conductors And Wiring Existing No. 14 conductors in conduits that will no longer be needed may be used as pull wires or may be abandoned in place. Existing No. 14 conductors in traffic signal mast arms that will no longer be needed shall be removed and disposed of by the Contractor. Existing No. 14 conductors that will no longer be needed shall be disconnected from terminals in the controller cabinet. New conductors for FYA signal sections shall be white with yellow stripe. New conductors for FYA shall be tagged in each pull box and the controller cabinet. Tags shall be embossed metal or heavy-gage plastic with permanent ink text and show text “FYA” and phase number. 4.4 Model 2070E Controller Unit Furnish and install controller unit that meets Caltrans TEES (including all addenda) and is listed on their Approved Materials List/Qualified Products List. The controller shall have Unit Chassis 2070-1B CPU, 2070-2A Field I/O, 2070-3B Front Panel, 2070-4B Power Supply, and other standard items as required to provide the operations shown on the plans. Furnish and install Fourth Dimension-D4 software, and two Data Keys as described in Section 9.2.6 of the Caltrans TEES. Data keys shall be placed within the controller cabinet in a clearly marked envelope. An EDI Model 2010 ECL conflict monitor shall be provided at locations where noted on the plans. Conflict monitors shall be programmed for standard 8-phase operations with custom modifications as necessary to match the traffic signal phasing shown on the plans. Protected/Permissive Signal Head Conversion, Phase 2 Part 4: Technical Specifications Rohnert Park City Proj. No. 2018-30 Page 4-5 OAK #4839-3351-6127 v1 Contractor shall obtain a copy of the existing timing sheets from the controller cabinet, verify the accuracy of the timing sheet compared to controller settings or mark the timing sheet to reflect inputs in the existing controller, then replicate the timing sheets for the new software and deliver to the City a minimum of 15 working days before each traffic signal will be shut down and modified. The original timing sheet must remain in the controller cabinet. Load switches shall conform to the latest edition of the Caltrans Traffic Electrical Equipment Specification (TEES) and all addenda. The Contractor shall arrange to have a signal technician, qualified to work on the controller unit and employed by the controller unit manufacturer or his representative, present at the time the equipment is turned on. The existing controller units become the property of the Contractor unless otherwise noted on the plans. 4.5 Controller Testing Contractor shall deliver the controller unit and timing sheets, and all auxiliary equipment to the City’s signal maintenance contractor for 7-day burn-in testing. Contractor shall contact the City for signal timing sheets a minimum of 10 working days before start of testing: Jason Sampietro, jsampietro@rpcity.org. City will transmit timing sheets to the test lab. Contractor shall contact the test lab a minimum of 10 working days in advance of the desired test date to schedule the test, deliver the controller unit to the test site, pick up controller unit when the 7-day test is successfully passed and deliver it to the project site and ins tall it in the controller cabinet. Pre-approved test labs include: DC Electric Group, Inc. 605 W. Sierra Avenue Cotati, CA 94931-7525 707-992-0141 Attn: Tim Carter The cost of the testing will be paid by the City after invoicing by the test lab. 4.6 Traffic Signal Faces And Heads Traffic signal heads shall conform to Section 86-1.02R “Signal Heads” of the Caltrans Standard Specifications. All new signal faces shall be 12” LED. Housings, brackets shall be painted black, backplates shall be painted flat black. Existing mounting brackets that are modified shall be painted black. Protected/Permissive Signal Head Conversion, Phase 2 Part 4: Technical Specifications Rohnert Park City Proj. No. 2018-30 Page 4-6 OAK #4839-3351-6127 v1 4.7 Pedestrian Push Buttons Pedestrian push buttons shall be the Accessible Pedestrian Signal type and shall match the existing equipment and vendor at the traffic signal where push buttons are being modified. Where new PBAs are shown on the plans Contractor has the option to relocate existing buttons. If existing PBAs are to be reused, new signs will be required and holes in the existing signal mast arm shall be filled with galvanized steel plugs or bolts. All conductors between the push button and pedestrian signal head must be replaced in kind. Where new PBAs and posts are being installed adjacent to an existing curb ramp at the intersections of Rohnert Park Expressway/Karrington Road and Rohnert Park Expressway/Kerry Road, contractor shall install PBAs with a 6-inch (minimum) extension to ensure compliance with ADA maximum reach requirements. Any damage to the existing curb ramp caused by the Contractor’s activity shall be repaired at no cost to the City. 4.8 Conduit Underground utilities are not shown on the plans. Contractor shall call USA to have underground utilities marked and meet on site with the City representative before starting any excavation. Conduit shall be Schedule 40 PVC if installed in a trench or Schedule 80 HDPE if installed by the directional boring method, or galvanized rigid steel. Trench backfill shall conform to City Standard 215. OAK #4839-3351-6127 v1 PART 5 – DRAWINGS PUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080TITLE SHEET1 1912/14/2021N/AACJVICINITY MAPSHEET INDEX GENERAL NOTES“”“”LEFT TURN ØTERMINATE ONPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080GENERAL NOTES2 1912/14/2021N/AACJ YIELDLEFT TURNON FLASHINGCONDITIONSCHANGEDAHEAD12" LED12" LED12" LED (FL)12" LED12" LED12" LED2112" LEDSIGNAL CONFIGURATION DETAILCONFIGURATION(CFG) NUMBERR73-X SIGN DETAILW23-X SIGN ASSEMBLYYIELDNO U TURNON FLASHINGR73-X/NO U-TURN COMBO SIGN DETAIL312" LED(FL)12" LED12" LEDPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DETAIL SHEET3 1912/14/2021N/AACJABBREVIATION LIST: GOLFCOURSEDRFAIRWAY DRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141GOLF COURSE DR/FAIRWAY DR4 1912/14/20201"=40'KT, ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE GOLFCOURSEDRSNYDER LNPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141GOLF COURSE DR/SNYDER LN5 1912/14/20201"=40'KTPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE BUSINESSPARK DRREDWOOD DRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141BUSINESS PARK DR/REDWOOD DR6 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE ROHNERT PARKEXPWYRANCHO VERDE CIRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080ROHNERT PARK EXPWY/RANCHO VERDE CIR7 191"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE12/14/2021 ROHNERT PARKEXPWYKARRINGTON RDPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080ROHNERT PARK EXPWY/KARRINGTON RD8 191"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE12/14/2021 ROHNERT PARKEXPWYKERRY RDPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080ROHNERT PARK EXPWY/KERRY RD9 191"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE12/14/2021 ROHNERT PARKEXPWYKNIGHT RDREDWOOD CIRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.APPROVED BY:DATE:R.C.E. NO. C84141SCALE: DATE:PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080ROHNERT PARK EXPWY/KNIGHT RD-REDWOOD CIR10 191"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE12/14/2021 COMMERCEBLVDHUNTERDRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFDJWPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141COMMERCE BLVD/HUNTER DR11 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)NEW EQUIPMENT SCHEDULEPROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAM COMMERCEBLVDENTERPRISE DRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFDJWPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141COMMERCE BLVD/ENTERPRISE DR12 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE AVRAM AVE COMMERCEBLVDPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFDJWPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141COMMERCE BLVD/AVRAM AVENUE13 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMEQUIPMENT SCHEDULE COMMERCEBLVDALISONAVEPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFDJWPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141COMMERCE BLVD/ALISON AVE14 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMEQUIPMENT SCHEDULE SOUTHWESTBLVDCOUNTRY CLUB DRPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141SOUTHWEST BLVD/COUNTRY CLUB DR15 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE SOUTHWESTBLVDSNYDER LNPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINEERVANESSA GARRETT, P.E.R.C.E. NO. C84141SOUTHWEST BLVD/SYNDER LN 16 1912/14/20211"=40'ACJPROJECT NOTES (THIS SHEET ONLY)PROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMNEW EQUIPMENT SCHEDULE E COTATI AVECAMINO COLEGIOPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINERRVANESSA GARRETT, P.E.R.C.E. NO. C84141EAST COTATI AVE/CAMINO COLEGIO17 1912/14/20211"=40'ACJEQUIPMENT SCHEDULEPROPOSED PHASE DIAGRAMEXISTING PHASE DIAGRAMPROJECT NOTES (THIS SHEET ONLY) E COTATI AVESNYDER LNMAURICE AVEPUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINERRVANESSA GARRETT, P.E.R.C.E. NO. C84141EAST COTATI AVE/SNYDER LN (1/2)18 1912/14/20211"=40'ACJ,KTPROJECT NOTES (THIS SHEET ONLY)PHASE DIAGRAMS & EQUIPMENTSCHEDULE ON SHEET 19 PUBLIC WORKS DEPARTMENTCITY OF ROHNERT PARKSHEET OFCITY PROJECT NO. 2018-30Tel: 707-542-9500 Fax: 707-542-9590490 Mendocino Ave, Suite 201PLANS PREPARED BY:ENGINEER'S SIGNATURE BY: DATEDESIGNED: DRAWN:CHECKED:APPROVED BY:DATE:SCALE: DATE: PROTECTED PERMITTED SIGNAL HEAD CONVERSION PHASE 2SFKRCPROJECT NUMBER:RPA080DEPUTY CITY ENGINERRVANESSA GARRETT, P.E.R.C.E. NO. C84141EAST COTATI AVE/SNYDER LN (2/2)19 1912/14/2021N/AACJ,KTEQUIPMENT SCHEDULEEXISTING PHASE DIAGRAMPROPOSED PHASE DIAGRAM