Oakland Street Lighting Conversion Project - Navigator

APPENDIX BREPLACE SUBSECTION 7-11 WITH THE FOLLOWING:7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in the Bid all patent fees or royalties onany patented article or process that may be furnished or used in the work.The Contractor agrees to hold the City harmless from and to indemnify the City against any and allcosts, attorneys' fees, and damages arising out of or connected with any claim, demand, action, lawsuit,judicial determination or judgment concerning infringement upon the rights of others, including patent rights,by the use of any article or process which may be furnished or used in the work. In the event of any suchinfringement claim, the Contractor shall notify the City within ten days of such claim, and keep the Cityadvised of all developments. The Contractor shall comply with all reasonable requests by the City forinformation and data in defense of such suit. The Contractor shall agree to defend any and all such claims,demands, actions and suits.In the event that any equipment or process furnished or used in the work is determined by the City or bya Court to infringe upon the rights of a third party, the City shall in addition have the option of:1. Replacing the equipment with non-infringing equipment;2. Modifying the equipment or process to the extent required to avoid such infringement;3. Continuing to use the equipment or process;4. Receiving as partial compensation the refund of all monies paid to the Contractor.In the event of replacement or modification, the amounts spent on such replacement or modificationshall be charged against and be recoverable from the Contractor. Final payment to the Contractor by theCity will not be made while any suit or claim remains unsettled.The City may itself defend any such claim, demand, action or suit, and settle or take any other action itdeems necessary or advisable in connection with any such claim, demand, action or suit.7-13 LAWS TO BE OBSERVED.ADD THE FOLLOWING TO THE END OF SUBSECTION 7-13:Before submitting bids, all Contractors shall be licensed in accordance with the provisions of Chapter 8 ofDivision III of the Business and Professions Code of the State of California.SECTION 9 - MEASUREMENT AND PAYMENT9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.9-1.1 General.DELETE THE WORD "pipe" FROM THE 2nd SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION9-1.1.9-3 PAYMENT.REPLACE SUBSECTION 9-3.2 WITH THE FOLLOWING:9-3.2 Partial and Final Payment. The Engineer will, after award of contract, establish a monthly closuredate for the purpose of making monthly progress payments. The Contractor may request in writing that suchmonthly closure date be changed. The Engineer may approve this request if it is compatible with theAgency’s payment procedures.Each month, the Engineer will make an approximate measurement of the work performed up to theclosure date and as a basis for making monthly payments, estimate its value based on the contract unitprices or as provided for in 9-2. No such monthly estimate or payment shall be required to be made when, inthe Engineer’s judgment, the work is not proceeding in accordance with the contract provisions, or when thetotal value of the work done by the Contractor since the last monthly estimate amounts to less than OneThousand Dollars ($1,000).When the work has been satisfactorily completed, the Engineer will determine the quantity of workperformed and prepare the final estimate.From each progress estimate, ten percent (10%) will be deducted and retained by the Agency, and theremainder less the amount of all previous payment will be paid to the Contractor. After 50 percent (50%) ofthe work has been completed and if progress on the work is satisfactory, the deduction from each remainingprogress estimates and from the final estimate may be limited to five percent (5%) of the total contractamount.As provided for in Section 4590 of the California Government Code and Section 10263 of the CaliforniaPublic Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensurecontract performance. At the request and expense of the Contractor, securities equivalent to the amountOakland Street Lighting Conversion ProjectProject Special Provisions D-28 Bid Documents: Feb 2012 Update