CC - Item 7E - Hellman Avenue Resurfacing - Authorization to Solicit BidsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 9~A
DATE: JULY 13, 2010
SUBJECT: HELLMAN AVENUE RESURFACING - AUTHORIZATION TO SOLICIT
BIDS
SUMMARY
As part of the City's Capital Improvement Program, the City Council has approved a
project titled "Hellman Avenue Resurfacing", which consists of asphalt concrete overlay,
sidewalk repairs, traffic striping, signage installation, curb ramps construction, traffic
signal upgrades, street trees installation, and appurtenances. The limits of this project
are from Jackson Avenue to Walnut Grove Avenue. Funding for this project is available
through Traffic Congestion Relief funds.
Staff Recommendation
It is recommended that the City Council authorize staff to advertise and solicit bids to
complete the improvement project.
DISCUSSION
According to the City of Rosemead Pavement Management Program report from 2009,
various sections of Hellman Avenue have a Pavement Condition Index (PCI) that range
from the mid-20s to the mid-50s. The Pavement Management Program identifies and
evaluates pavement conditions and rates the pavement from 0 (worst) to 100 (best).
According to this report, this portion of Hellman Avenue is listed as one of the worst in
the City.
The proposed project includes the construction of 2Y2 inches overlay rubberized
pavement, construction of new curb ramps, sidewalk, traffic signal upgrades, street
trees installation, and appurtenances. The Engineer's Estimate for this project is
$600,000.
It should be noted that the section of Hellman Avenue from Jackson Avenue to New
Avenue is not included in the project at this time. After conducting a soils report on
different sections of Hellman, it was determined that this section of roadway will require
complete reconstruction. Due to the additional funding resources required to complete
ITEM NO. E
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
July 13, 2010.
Page 2 of 3
this work, staff is planning to complete this section of roadway in the spring of 2011 in
conjunction with either the Residential Resurfacing Program, Garvey Avenue
resurfacing project or the Walnut Grove Avenue resurfacing project.
Timeline
If approved by the City Council, staff will work to complete this project according to the
following schedule:
July 14th - Authorization to Proceed
Authorization to Solicit Bids for Del Mar Avenue Street Resurfacing Project Phase 2.
July 26th, August 3rd, August 1 oth - Advertisement
Advertisement of Project in Local Publications/Trade Journals
August 18th - Bid Opening
Public Bid Opening for Project
September 14th - City Council Awards Contract
September 21St - October 29th - Tentative Construction Schedule
November 3rd - Tentative Project Completion
November 1oth - Tentative Notice of Completion by City Engineer
FINANCIAL REVIEW
Funding for this project was approved by the City Council as part of the City's Capital
Improvement Program Budget. There is approximately $600,000 in Traffic Congestion
Relief funds for the Hellman Avenue Resurfacing project.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15304 (a) and (f) of the CEQA Implementing Guidelines.
This exemption covers projects involving minor alterations of land that do not have a
significant effect on the environment.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
City Council Meeting
July 13, 2010.
Page 3 of 3
Prepared by:
afael Fajardo
Associate Civil Engineer
Lucien J. LeBInc, P.E.
City Engineer
Submitted by:
L
Chris Marcarello
Public Works Director
Attachments:
(1) Plans, Specifications, and Location Map
5 E M E
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PROJECT LOCATION
N.T.S.
CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
HELLMAN AVENUE RESURFACING PROJECT
FROM JACKSON AVENUE TO WALNUT GROVE AVENUE
PROJECT No. P82729
FISCAL YEAR 2009-2010
IN THE CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2152 FAX: (626) 307-9218
SCHEDULED BID OPENING: AUGUST 18, 2010.
CITY OF ROSEMEAD
HELLMAN AVENUE STREET RESURFACING PROJECT
PROJECT No. P82729
TABLE OF CONTENTS
BIDDING DOCUMENTS
1. Notice Inviting Bids ............................................................NIB-1 - NIB- 2
2. Instructions to Bidders ...........................................................ITB-1 - ITB-10
3. Contract Bid Forms ...........................................................CBF-1 - CBF-11
CONTRACT AGREEMENT
1. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT APPENDIX
Part "A" - General Provisions .....................................................1-31
Part "B" - Supplemental General Conditions ..................................1-7
Part "C" - Technical Provisions ......................................TP-1 - TP-13
Part "D" - Appendix "A"
APWA Standard Plans
Survey Well Monument
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
NOTICE INVITING BIDS
CITY OF ROSEMEAD
NOTICE INVITING BIDS
PROJECT No. 2010-09
NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive
sealed bids up to 10:30 o'clock a.m. on Wednesday, the 18th. day of August, 2010,
PROJECT No. P82729
The project consist of ARHM overlay, 4 inches AC patch, miscellaneous concrete work, survey
well monuments and other related work as described in the Specifications, and Contract
Documents, by this reference, made a part hereof.
The engineer's estimate for this project is $600,000.00. The successful bidder shall have
thirty (30) calendar days to complete the work. Liquidated damages shall be $500.00 per
working day.
Plans, Specifications, and Contract Documents may be obtained at the office of the City
Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California
91770, (626) 569-2177, for a non-refundable charge of $25.00 and $40.00 if mailing is
requested.
Each bid must be accompanied by a bidder's security in an amount not less than 10% of
the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter
into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each
not less than 100% of the total amount of the bid price.
No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid
opening date.
The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises
will be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, disability, sex or national origin in the
consideration for an award.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment
standards established by the State Director of Industrial Relations will be required. Copies of
prevailing wage rates are on file and are available for inspection in the office of the City Clerk,
8838 East Valley Boulevard, Rosemead, CA 91770.
NIB- 1
Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the
Business and Professions Code of the State of California. Bidder shall have a Class "A"
license in good standing at the time Bids are received.
The Council reserves the right to reject any and all bids and to waive any informality,
technical defect, or minor irregularity in any bid submitted.
An award of service shall not be final until the bids have been reviewed and a Contract
Agreement with the City has been signed by the lowest responsible bidder and by the City.
Award of Service Agreement is proposed for September 14, 2010.
Dated this , 2010.
GLORIA MOLLEDA
CITY CLERK
Publish: Julio 29th, August 5th & 12th, 2010.
NIB- 2
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
INSTRUCTION TO BIDDERS
TABLE OF CONTENTS
Page
1.
AVAILABILITY OF BID DOCUMENTS
........1
2.
EXAMINATION OF BID DOCUMENTS
........1
3.
INTERPRETATION OF BID DOCUMENTS
........1
4.
INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
........2
5.
ADDENDA
........2
6.
PREPARATION OF BIDS
........2
7.
ALTERNATE BIDS
3
8.
MODIFICATIONS OF BIDS
........3
9.
SIGNING OF BIDS
........3
10.
BID GUARANTEE (BOND)
4
11.
SUBMISSION OF SEALED BIDS
........4
12.
DELIVERY AND OPENING OF BIDS
........5
13.
WITHDRAWAL OF BID
........5
14.
AWARD PROCESS
5
15.
DESIGNATION OF SUBCONTRACTORS
5
16.
LICENSING REQUIREMENTS
........6
17.
DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
6
18.
INSURANCE REQUIREMENTS
........6
19.
REQUIRED BIDDER CERTIFICATIONS
6
20.
BASIS OF AWARD; BALANCED BIDS
........6
21.
FILING OF BID PROTESTS
........7
22.
PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
........7
23.
EXPERIENCE AND TECHNICAL REQUIREMENTS
7
24.
SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
8
25.
EXECUTION OF CONTRACT
8
26.
OWNER RIGHTS
........8
27.
BIDDER'S RESPONSIVENESS
........8
28.
BIDDER'S RESPONSIVENESS CHECKLIST
........8
29.
CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
9
30.
RESPONSIBILITY CRITERIA
......10
ITB - i
INSTRUCTIONS TO BIDDERS
All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically
noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the
Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents
and Contract shall have meanings as defined therein.
1. AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package
for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid
Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the
Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the
availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the
Notice Inviting Bids.
The Owner may also make the Bid Documents available for review at one or more plan rooms, as
indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid
Documents at a plan room must contact the Owner to purchase the required Bid Documents if they
decide to submit a bid for the Project.
2. EXAMINATION OF BID DOCUMENTS
The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be
solely responsible for examining the Project Site and the Bid Documents, including any Addenda
issued during the bidding period, and for informing itself with respect to local labor availability, means
of transportation, necessity for security, laws and codes, local permit requirements, wage scales,
local tax structure, contractors' licensing requirements, availability of required insurance, and other
factors that could affect the Work. Bidders are responsible for consulting the standards referenced
in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its
sole risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by
Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the
Owner may choose to make for purposes of interpretation or clarification, will be in writing and made
available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed
Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for
which, in its sole judgment, a response is in the best interest of the Owner. Where such
interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and
issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not
rely upon, any oral interpretation or clarification of the Bid Documents.
The bidding process and terms and conditions will be in strict accordance with the following Bid
Documents:
a. Notice Inviting Bids
b. Instructions to Bidders
C. Contract Bid Forms
d. Contract
e. Contract Appendix
ITB - 1
Part "A" - General Conditions
Part "B" - Supplementary General Conditions
Part "C" - Technical Provisions
Part "D" - Appendix
Any Addenda Issued by the Owner
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project
Site (which may include more than one site), as well as those relating to the construction and labor
of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total
and adequate completion of the Project.
5. ADDENDA
The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions,
if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the
Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the
Addendum requires material changes, additions or deletions to the description of the work to be
performed or the content, form or manner of submission of bids, the Owner will extend the deadline
for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole
discretion, whether an Addendum requires that the date set for opening bids be postponed. The
announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall
provide Owner a name, address and facsimile number to which Bid Document Addenda may be
sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda
will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of
delivery without charge to all parties who have obtained a copy of the Bid Documents and provided
such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring
that they have received any and all Addenda. To this end, each Bidder should contact the
Development Services Department to verify that he has received all Addenda issued, if any.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge
receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive.
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid
Documents. The use of substitute bid forms other than clear and correct photocopies of those
provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive.
Bid Letters shall be executed by an authorized signatory as described in these Instructions to
Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable)
and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither
delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions
thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED.
7. ALTERNATE BIDS
If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on
the basis of the base bid only, but the Owner may choose to award the contract on the basis of
the base bid alone or the base bid and any alternate or combination of alternates. Since the
time for the alternate bid items has already been factored into the Contract Time, no additional
ITB - 2
Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to
include one or more of the alternate bid items, or to otherwise remove certain bid items from the
Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of
profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not
unevenly weight or allocate their overhead and profit to one or more particular bid items.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents.
Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed
envelope in accordance with the instructions herein.
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it
nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the
printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC
AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be
asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a
Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each
Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of
Attorney executed by each joint venturer or partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that
joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that
particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2)
provide that each venturer or partner shall be jointly and severally liable for any and all of the duties
and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid
shall be executed by the designated joint venturer or partner on behalf of the joint venture or
partnership in its legal name.
10. BID GUARANTEE (BOND)
Each bid proposal shall be accompanied by cash, a certified or cashier's check, bid bond (the bid
bond must be submitted on the form included in these Bid Documents) or equivalent substitution in
lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than
10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the
Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the
Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment
Bond, the required insurance certificates and endorsements, and any other certifications as may be
required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the
Contract if awarded the work or to provide the Bonds and other information or documentation
described above would result in damage to the Owner, and that it would be impracticable or
extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder
agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is
awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and
other information or documentation described above, except as may otherwise be required by
California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an
ITB-3
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do
business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond
must be submitted on the form furnished by the Owner, or one substantially in conformance with the
Owner's form if previously approved in writing by the Owner.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a
solvent national bank.
After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract,
submitted the necessary bonds, original insurance certificates and endorsements, and any other
certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to
each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return
to all Bidders their Bid guarantees
11. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set forth above,
they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or
other materials required by these instructions, in an envelope, sealed, addressed and delivered or
mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the
Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED.
The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Insert Name of the Company)
for HELLMAN AVENUE RESURFACING PROJECT
No consideration shall be given by the Owner to bid proposals received after the date and time set
for the opening of bids as provided in the Notice Inviting Bids.
12. DELIVERY AND OPENING OF BIDS
Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date
and time shown therein. The Owner will leave unopened any Bid received after the specified date
and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole
responsibility to ensure that its Bid is received as stipulated. Bids maybe submitted earlier than the
dates(s) and time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each
Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids.
Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid
received where such waiver is in the best interests of the Owner, and to be the sole judge of the
merits of the respective Bids received. In the event of a discrepancy between the written amount of
the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request
signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is
made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements
required below within the time specified in these Instructions to Bidders below, the funds represented
by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and
become and remain the property of the Owner; the amount thereof being previously agreed to bythe
ITB - 4
Bidder and the surety to be due the Owner because of the damage resulting from the delay in the
execution of the Contract and in the performance of Work thereunder.
14. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder,
the City Council will make all necessary decisions and awards. The apparent successful bidder
should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the
Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner
issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of
this letter to supply the Owner with all of the required documents and certifications. Regardless
whether the successful bidder supplies the required documents and certifications in a timely manner,
the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed.
Once the Owner receives all of the properly drafted and executed documents and certifications from
the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder.
15. DESIGNATION OF SUBCONTRACTORS
Pursuant to state law, the Bidders must designate the name and location of each subcontractor who
will perform work or render services for the prime Bidder in an amount that exceeds one-half of one
percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such
subcontractor will perform. Bidders must make these designations, as well as any others requested
by the Owner, on the document titled "List of Proposed Subcontractors" which has been included
with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has
determined that it will allow Bidders twenty-four (24) additional hours after the deadline for
submission of bids to submit the information requested by the Owner about each subcontractor,
other than the name and location of each subcontractor.
16. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public
Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to
Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted
by a contractor not currently licensed in accordance with state law and pursuant to the requirements
found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner
shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence
satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's
subcontractors, before awarding the Contract.
17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a
person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has
quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or
quoting prices to other bidders submitting a bid to the Owner.
18. INSURANCE REQUIREMENTS
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Ownerwith
four identical counterparts of all required insurance certificates and endorsements as specked in the
Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the
Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less
ITB-5
than A:VIII, licensed to do business in California, and satisfactory to the Owner
19. REQUIRED BIDDER CERTIFICATIONS
Bidders must comply with the following:
A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify
to various information, including but not limited to, the accuracy of the representations made in the
Contract Bid Forms .
B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each
Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit included
in the Bid Documents.
20. BASIS OF AWARD; BALANCED BIDS
The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids,
as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject
any Bid which, in its opinion when compared to other bids received or to the Owner's internal
estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner
may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute
discretion, each Bidder must ensure that each bid item contains a proportionate share of profit,
overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject
as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more
particular bid items.
21. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a
Bidder's protest to be considered valid, the protest must:
A. Be filed in writing within five (5) Working Days after the bid opening date.
B. Clearly identify the specific accusation involved.
C. Clearly identify the specific Owner Staff/Board recommendation being protested.
D. Specify, in detail, the grounds of the protest and the facts supporting the protest.
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each and every one of these requirements, it will be rejected as
invalid.
If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall
review the basis of the protest and all relevant information. The Project Engineer will deny or concur
with the protest and provide a written decision to the protestor. The protestor may then appeal the
decision of the Project engineer to the City Engineer.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these instructions to Bidders above, the Bidder to whom a Contract is
awarded shall deliver to the Owner four identical counterparts of the Performance Bond and
Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do
so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety
supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section
995.120, authorized to do business as such in the State of California and satisfactory to the Owner.
ITB - 6
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the
Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price.
Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing
labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply
Payment and Performance Bonds in the amounts and manner required of the Contractor. The
Contractor shall specify this requirement for subcontractor bonds in his written or published request
for subcontractor bids
23. EXPERIENCE AND TECHNICAL REQUIREMENTS
Bidders are required to provide the experience and qualification information required as part of the
Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner
to determine whether Bidders have the necessary experience in order to responsibly carry out the
Work. Each Bidder shall answer all questions and provide information requested by the Contract
Bid Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay
California sales and other applicable taxes, and to pay for permits, licenses and fees required bythe
agencies with authority in the jurisdiction in which the work will be located, unless otherwise
expressly provided by the Bid Documents.
25. EXECUTION OF CONTRACT
The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price
and furnish the required insurance certificates and endorsements, as well as Performance and
Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons
executing the Contract and the bonds for both the Bidder and its surety or sureties are duly
empowered to do so.
26. OWNER RIGHTS
The Owner may investigate the qualifications of any Bidder under consideration, require confirmation
of information furnished by a Bidder, and require additional evidence of qualifications to perform the
work described in these Bid Documents. The Owner reserves the right to:
A. Reject any or all of the Bids if such action is in the best interest of the Owner.
B. Issue subsequent Notices Inviting Bids.
C. Cancel this entire Notice Inviting Bids.
D. Appoint evaluation committees to review any or all Bids.
E. Seek the assistance of outside technical experts to validate the Bid(s).
F. Approve or disapprove the use of particular subcontractors.
G. Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the
Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a
contract.
ITB - 7
27. BIDDER'S RESPONSIVENESS
The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is
made. A Bid must be in strict compliance with the commercial and technical specifications, without
exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for
award. A Bid not meeting the requirements of the responsiveness checklist may be rejected
immediately upon opening, and returned to the Bidder's representative.
28. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
A. Completed and properly executed Bid Letter (Including a completed Total Bid Price,
completed Bid Bond amount, acknowledged addenda, completed state of incorporation or
partner/joint venturer information (if applicable), completed license number, and signature by
authorized company officer);
B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10%
of the Total Bid Price and a completed List of Proposed Subcontractors);
C. Properly executed Non-Collusion Affidavit; and
D_ Completed and properly executed Bidder Information Forms.
If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra
forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary.
29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
A. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below.
(1) The Contract Bid Forms and Letter must be prepared using ink, indelible
pencil or a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or
persons having the authority to do so. Proof of the authority to act on behalf
of the firm must be submitted when requested. The proof shall be in the form
of a certified copy of an appropriate corporate resolution, certificate of
partnership or joint venture, or other appropriate document. If Bidder is an
entity made up of multiple parties and no person or persons are designated to
act on its behalf, all parties shall execute the Bid.
(3) Addenda - Receipt of addenda must be acknowledged in the space provided
in the Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions
thereof, on the printed matter of the Contract Bid Forms or Bid Letter.
(5) Corrections shall be initialed by the person who signs the Bid Letter.
(6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as
altering the requirements of the specifications or the terms and conditions of
ITB - 8
the Contract will render the Bid nonresponsive and disqualify the Bidderfrom
consideration for award.
B. List of Proposed Subcontractors (Forms).
State law prohibits substitution of subcontractors listed in the original Bid except as otherwise
provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are
required to list all Subcontractors whose participation in the Contract will exceed one-half of
one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must
be completed as set forth below.
(1) Name. List the name of Subcontractors who will perform work in excess of
one half of one percent (0.5%)of the Total Bid Price.
(2) Location. For listed Subcontractors, identify the location of its place of
business (City and State).
(3) Work. For listed Subcontractors, identify the type/portion of work to be
performed in the Contract.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the
information requested by the Owner about each subcontractor, other than the name and location of
each subcontractor.
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully the
requirements of the Contract. The Owner reserves the right to consider the financial responsibility
and general competency of each bidder, as well as its reputation within the industry. Owner may
request, and apparent low bidder shall provide, a financial statement, audited if necessary, including
the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully
and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective
contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete
Section 4 of the Contract Bid Forms to determine that it:
A. Has or can secure adequate financial resources to perform the contract;
B. Is able to meet the performance or delivery schedule of the contract, taking
into consideration other business commitments; and
C. Has a satisfactory record of performance. A contractor seriously deficient in
current contract performance, considering the number of contracts and extent
of the deficiencies, is presumed not to meet this requirement unless the
deficiencies are beyond its control or there is evidence to establish its
responsibility notwithstanding the deficiencies. Evidence of such satisfactory
performance record should show that the contractor:
(1) Has a satisfactory record of integrity in its dealings with government agencies
and with subcontractors, and is otherwise qualified to receive an award under
applicable laws and regulations;
ITB - 9
(2) Has the necessary organization, experience, satisfactory safety record,
accounting and operational controls and technical skills or the ability to obtain
them: and
(3) Has the necessary production, construction, and technical equipment and
facilities or the ability to obtain them.
END OF INSTRUCTIONS TO BIDDERS
ITB - 10
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
CONTRACT BID FORMS
BIDDER:
CONTRACT BID FORMS
TABLE OF CONTENTS
SECTION 1 BID SCHEDULE ...................................................................................................1
SECTION 2 BID DATA FORMS ...............................................................................................5
2.A BID BOND 6
2.13 LIST OF PROPOSED SUBCONTRACTORS ........................................................7
SECTION 3 NON-COLLUSION AFFIDAVIT 10
CBF - 13
BIDDER:
SECTION 1 -BID SCHEDULE
CBF - 1
BIDDER:
BID SCHEDULE
SCHEDULE OF PRICES FOR
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P43629
BASE BID SCHEDULE
UNIT OF
EST.
UNIT
ITEM
NO.
ITEM DESCRIPTION
MEASURE
QTY.
PRICE
COST
1
Clearing & Grubbing per plans and
LS
1
specifications. See technical
provisions TP-2, TP-3 & TP-4.
2
Disposal of Waste Materials.
LS
1
3
Construct Compacted Selected
CY
50
Fill.
4
Cold mill variable thickness existing
SF
253,000
pavement.
5
Construct 2.0 inch thick pavement
TONS
3,225
overlay ARHM-GG-C (PG 64-16).
6
Construct 1/2 inch thick Asphaltic
TONS
800
Leveling course D1 (PG 64-10).
7
Install 8-inch thick Crushed
TONS
825
Miscellaneous Base
8
Install Survey Well Monument per
EA
15
City of Rosemead Std. Plan S08-
001. See Section 2-9 Surveying of
the General Provision-7 per details
(Cover, Sleeve & Dome will be
provided by the City at no cost).
9
Adjust Sewer Manhole to Grade
EA
30
per APWA Std. Plan 205-1 and
206-1.
10
Adjust Water Valve/Gas Valve to
EA
20
Grade.
11
Install Traffic Striping, Traffic
LS
1
Signal Loops, and Pavement
Markers per Plans and
Specifications Complete.
12
Prepare a Storm Water Pollution
LS
1
Prevention Plan (SWPPP)
CBF - 2
BIDDER:
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):
Dollar amount in written form
Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in
the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard
Specifications, to stay within the budgeted amount of this project.
If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be
added to or deducted from the Total Bid Price entered above. The owner can choose to
include one or more of the alternates in the Total Bid Price of the Project. If any of the
Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total
Bid Price for the Project.
The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which
cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and
after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third
party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the
written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall
govern.
Attached hereto is a certified check, a cashier's check or a bid bond in the amount of
Dollars said amount being not less than ten percent (10%) of the Total
Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award,
we fail or refuse to execute the Contract and furnish the required bonds, certificates and
endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for
the Contract, and will deliver to the Owner within that same period the necessary original Certificates
of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other
documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence
that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting
therefrom; and (3) any other information and documentation, financial or otherwise, needed by
Owner to award a Contract to the lowest responsible and responsive bidder.
Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts
and subject to the terms and conditions described in the Contract Form and the Contract
Documents.
CBF-3
BIDDER:
Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be
incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder
further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data
submitted herewith into a contract arising out of this Bid.
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda Nos.
The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and
equipment or supplies necessary to complete the Work as described in the Bid Documents. If this
bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the
necessary bonds and accept the Total Bid Price as compensation in full for all Work under the
contract.
CBF - 4
BIDDER:
By:
Signature
Type or Print Name
Title
City, State and Zip Code
Telephone Number
Bidder's/Contractor's State of Incorporation:
Partners or Joint Venturers:
Bidder's License Number(s):
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders, Bidder will be required
to provide evidence that the person signing on behalf of the corporation,
partnership or joint venture has the authority to do so.
Business Street Address
CBF-5
BIDDER:
SECTION 2
BID DATA FORMS
CBF-6
BIDDER:
Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid
Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide
the information required. Bidder shall ensure that every page of its Bid Data Forms are properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT
Principal, and
as
, as Surety, are held firmly bound unto the CITY
OF ROSEMEAD (hereinafter called the OWNER) in the sum of
DOLLARS
being not less than ten percent (10%) of the Total Bid
Price; for the payment of which sum will and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work
required for the Hellman Avenue Resurfacing Project as set forth in the Notice
Inviting Bids and accompanying Bid Documents, dated
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance and
the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. In the event suit is brought upon this bond by
the OWNER and judgment is recovered, said Surety shall pay all costs incurred by
the OWNER in such suit, including reasonable attorneys' fees to be fixed by the
court.
SIGNED AND SEALED, this day of , 20
(SEAL) (SEAL)
Principal Surety
By:
Signature
By:
Signature
CBF-7
BIDDER:
2.6 LIST OF PROPOSED SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100
through 4114 of the California Public Contract Code, and any amendments thereto, each
Bidder shall provide the information requested below for each subcontractor who will perform
work, labor or render service to Bidder in or about the construction of the Work in an amount
in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or,
in the case of bids or offers for the construction of streets or highways, including bridges, in
excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000),
whichever is greater, and shall further set forth the portion of the Work which will be done by
each subcontractor. Bidder shall list only one subcontractor for anyone portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit
the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half of one percent
(greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction
of streets or highways, including bridges, in excess of one-half of 1 percent of the
Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no
subcontractor was designated in the original bid shall only be permitted in cases of public
emergency or necessity, and then only after Owner approval.
CBF - 8
BIDDER:
2.6 LIST OF PROPOSED SUBCONTRACTORS (continued)
[**Duplicate Next 2 Pages if needed for listing additional subcontractors -1
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
Address
Name and Location Description of Work
of Subcontractor to be Subcontracted
Name:
Address:
Name and Location
of Subcontractor
Name:
Address:
Description of Work
to be Subcontracted
Name and Location
of Subcontractor
Name:
Address:
Description of Work
to be Subcontracted
Name and Location
of Subcontractor
Name:
Address:
Description of Work
to be Subcontracted
CBF - 9
BIDDER:
2.C REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which BIDDER
has performed similar work within the past two (2) years:
1.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work
2.
Date Completed
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work
3.
Date Completed
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work
4.
Date Completed
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work
Date Completed
CBF-10
BIDDER:
SECTION 3
NON-COLLUSION AFFIDAVIT
CBF - 11
BIDDER:
NON-COLLUSION AFFIDAVIT
In accordance with Public Contract Code Section 7106, the undersigned, being first duly
sworn, deposes and says that he or she holds the position listed below with the bidder, the
party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Signature
Typed or Printed Name
Bidder
Subscribed and sworn before me
This day of 20.
(Seal)
Notary Public in and for
the State of California
My Commission Expires:
CBF - 12
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
CONTRACT AGREEMENT
CONTRACT AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of
, 20 by and between the City of Rosemead, a municipal
corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead,
California 91770, ("City") and [insert Name of Company], a [insert type of entity -
corporation, partnership, sole proprietorship or other legal entity] with its principal place of
business at [insert address] (hereinafter referred to as "Contractor'). City and Contractor
are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing [insert type of services] services to
public clients, that it and its employees or subcontractors have all necessary licenses and
permits to perform the Services in the State of California, and that is familiar with the plans
of City.
2.2 Project.
City desires to engage Contractor to render such services for the [insert Name of
Project] ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [insert type of
services] maintenance services necessary for the Project ("Services"). All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [insert start date] to
[insert ending date], unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines. The Parties may, by mutual, written consent, extend
[insert Name of Company]
Page 2 of [insert last page number of agreement]
the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Contractor shall also not be employees of
City and shall at all times be under Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates [insert Name or
Title], or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert
Name or Title], or his or her designee, to act as its representative for the performance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,
using his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
[insert Name of Company]
Page 3 of [insert last page number of agreement]
of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Contractor shall be solely responsible for all costs
arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain priorto
the beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
[insert Name of Company]
Page 4 of [insert last page number of agreement]
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Performance Bond in the amount of the
total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until
it has been received and approved by the City.
3.2.12.2 Payment Bond. Contractor shall execute and provide to
City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-
exceed compensation indicated in this Agreement, and in a form provided or approved by
the City. If such bond is required, no payment will be made to Contractor until it has been
received and approved by the City.
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3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least thirty
(30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications -of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's
rating no less than A:VIII and satisfactory to the City. If a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered underthis Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar
amount]) without advance written approval of City's project manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred underthis Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
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Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement. Contractor shall be
required to provide such document and other information within fifteen (15) days' of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn:
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recoverfrom
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the losing party reasonable attorney's fees and all other costs of such action
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection
with the performance of the Services, the Project or this Agreement, including without
limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk,
any and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against City, its directors, officials, officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents or volunteers, in
any such suit, action or other legal proceeding. Contractor shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
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3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
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handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
[insert Name of Company]
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CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By:
City Mayor
Attest:
Title:
Gloria Molleda
City Clerk
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
Approved as to Form:
Garcia Calderon Ruiz LLP By:
Name:
City Attorney
Titl
02/08
Documentl
[insert Name of Company]
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INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided
on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following
receipt of proof of insurance as required herein. Limits are subject to review but in no event
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less than $ per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors oromissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over' claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
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make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Consultant or
deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor' (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
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elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
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19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
D-5
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
PERFORMANCE BOND
PERFORMANCE BOND
WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded
to (hereinafter
"Contractor"), a contract for work consisting of but not limited to, furnishing all labor,
materials, tools, equipment, services, and incidentals for the Hellman Avenue
Resurfacing Project and all other required structures and facilities within the
rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated
(hereinafter the "Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we
, the undersigned Contractor, as
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 bound unto the CITY OF
ROSEMEAD in the sum of
dollars,
said sum being not less than 100% of the total
amount payable by the said Obligee under the terms of the said Public Work Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the said Public Work Contract and any alteration thereof made as therein
provided, on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their intent and meaning; and shall
faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify
and save harmless the Obligee, its officers and agents, as stipulated in the said Public
Work Contract, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect. In the event legal action is required to enforce the
provisions of this agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees in addition to court costs, necessary disbursements, and other damages.
PERFORMANCE BOND - 1
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages.
The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this
day on , 20
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
The rate of premium on this bond is per thousand.
The total amount of premium charged, $
(The above must be filled in by corporate surety.)
PERFORMANCE BOND - 2
STATE OF CALIFORNIA
COUNTY OF
ss.
On this day of
in the year , before me,
a Notary Public in and for said state,
personally appeared
(or proved to be on the basis of satisfactory evidence) to
subscribed to the within instrument as the
subscribed the name of the
(surety) and
thereto and his own name as Attorney-in-Fact.
(surety)
Notary Public in and for said State
(SEAL)
My Commission expires
PERFORMANCE BOND - 3
known to me
be the person whose name is
Attorney-in-Fact of the
acknowledged to me that he
CERTIFICATE AS TO CORPORATE PRINCIPAL
named as principal to the
of the principal was then
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by
authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
, certify that I am the
Secretary of the corporation
within bond; that
who signed the said bond on behalf
of said
PERFORMANCE BOND - 4
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
PAYMENT BOND
PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to
(hereinafter
"Contractor"), a contract for work consisting of but not limited to, furnishing all labor,
materials, tools, equipment, services, and incidentals for the Hellman Avenue
Resurfacing Project and all other required structures and facilities within the
rights-of-way, easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated
, (hereinafter the "Public Work Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
NOW, THEREFORE, we
the undersigned Contractor, as 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 bound unto the CITY OF ROSEMEAD and to any and all
material men, persons, companies or corporations furnishing materials, provisions, and
other supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies or corporations renting or hiring teams, or implements or machinery,
for or contributing to said Public Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid excepting
the said Contractor, the sum of dollars,
said sum being not less than 100% of the total amount payable by
said Obligee under the terms of the said Public Work Contract, for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
PAYMENT BOND - 1
under the Unemployment Insurance Code with respect to work or labor performed by any
such claimant, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract or
to the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and sealsthis
day on , 20
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
PAYMENT BOND - 2
STATE OF CALIFORNIA
COUNTY OF ) ss.
On this day of , in the year ,
before me, , a Notary Public in and
for said state, personally appeared
known to me (or proved to be on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument as the Attorney-in-Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety) thereto and his
own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
My Commission Expires
PAYMENT BOND - 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
that
certify that I am the
Secretary of the corporation named as principal in the attached bond,
who signed the said bond on behalf of
the principal was then of said corporation;
that I know his signature, and his signature thereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
PAYMENT BOND-4
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
FROM JACKSON AVENUE TO WALNUT GROVE AVENUE
PROJECT No. P82729
PART "A"
GENERAL PROVISIONS
Standard Specifications. The Work hereunder shall be done in accordance with the
Standard Specifications for Public Works Construction ("Green book"), 2009 Edition,
including all current supplements, addenda, and revisions thereof (hereinafter referred to
as "Standard Specifications"), these General Conditions and the Specifications and
Drawings identified in the Contract Documents. The Standard Specifications are referred
to and by this reference made a part hereof as though set forth at length. In the case of
conflict between the Standard Specifications and these General Conditions, these General
Conditions shall take precedence over, and shall be used in lieu of, such conflicting
provisions. The section headings in these General Conditions correspond to the section
headings of the Standard Specifications. In the event a section heading contained in the
Standard Specifications is not referenced in these General Conditions that section shall
read exactly as stated in the Standard Specifications.
Supplemental Reference Specifications. Insofar as references may be made in these
Special Provisions to the Caltrans Standard Specifications, such work shall conform to the
referenced portions of the technical provisions Caltrans Standard Specifications, 2006
edition, only of said reference specifications, provided, that wherever the term "Standard
Specifications" is used without the prefix "Caltrans", it shall mean the Standard
Specifications for Public Works Construction ("Green Book"), 2009 Edition, as previously
specified in the above paragraph.
GENERAL PROVISIONS - 1
Contract. The Contractor shall designate such representative in writing to the City.
The Contractor's Representative shall be available to the City and its agent's at all
reasonable times.
Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either
directly or through properly authorized agents, such as agents acting within the
scope of the particular duties entrusted to them. Also sometimes referred to as the
"City's Representative" in the Contract Documents.
Liquidated Damages - the amount prescribed in the Contract form, pursuant to the
authority of Government Code Section 53069.85, to be paid to the City or to be
deducted from any payments due, or to become due, the Contractor for each day's
delay in completing the whole or any specified portion of the Work beyond the time
allowed in the Contract Documents.
Notice to Contractors - Notice Inviting Bids.
Project - The total and satisfactory completion of the project noted in the Contract
Documents, as well as all related work performed in accordance with the Contract,
including but not limited to, any alternates selected by the City.
Project Site - All of the property and/or facilities of the City where the Work will be
performed pursuant to the Contract, as well as such adjacent lands as may be
directly affected by the performance of the Work.
Recyclable Waste Materials - Materials removed from the Project site which is
required to be diverted to a recycling center rather than an area landfill. Recyclable
Waste Materials include asphalt, concrete, brick, concrete block, and rock.
Special Provisions - Any provisions which supplement or modify the Standard
Specifications, including these General Conditions (Part "A"), the Supplementary
General Conditions (Part "B") and the Technical Provisions (Part "C").
Total Bid Price - The amount stated in the Contract form, including authorized
adjustments pursuant to Change Orders, which is the total amount payable by the
City to the Contractor for performance of the Work under the Contract. Also
sometimes referred to as the "Contract Price" in the Standard Specifications and
other Contract Documents.
- END OF SECTION -
GENERAL PROVISIONS - 3
SECTION 2 SCOPE AND CONTROL OF WORK
The construction of ARHM overlay, concrete work, landscape, irrigation and
appurtenances.
2-3 SUBCONTRACTS
2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications
shall be amended to include the following provisions:
"By appropriate written agreement, Contractor shall require each Subcontractor to
be bound by all obligations of this Contract. Each subcontract agreement shall preserve
and protect the rights of the City. Should any subcontractor fail to perform the Work
undertaken by him to the satisfaction of the City, said subcontractor shall be removed
immediately from the Project upon request by the City's Representative and shall not again
be employed on the Work. The Contractor shall be held liable for the all deficient
Subcontractor Work."
2-4 CONTRACT BONDS
The following shall be added at the end of Section 2-4 of the Standard
Specifications:
"The Contractor shall ensure that its Bonding Company is familiar with all of the
terms and conditions of the contract Documents, and shall obtain a written
acknowledgment by the Bonding Company that said Bonding Company thereby waives the
right of special notification of any changes or modifications of the Contract, or of
extensions of time, or of decreased or increased Work, or of cancellation of the Contract,
or of any other act or acts by the Owner or any of its authorized representatives. If the
Contract Price is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and
promptly deliver satisfactory evidence of such increase to the City."
"Pursuant to Public Contract Code Section 4108, Contractor shall require all
Subcontractors providing labor and materials in excess of the amount indicated in the
Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the
same bond requirements applicable to the Contractor, except that the bond amounts shall
equal the total amount of their subcontract. The Contractor shall specify this requirement
for Subcontractor bonds in his written or published request for Subcontractor bids. Failure
to comply with this requirement shall not preclude Contractor from complying with the
Subcontractor bonding requirements. The practice of issuing separate purchase orders
and/or subcontracts for the purpose of circumventing the Subcontractor bonding
requirements shall not serve to exempt the Contractor from these requirements. No
payments, except for a reimbursement payment to the Contractor for the cost of the
Contractor's own Faithful Performance and Payment bonds, shall be made to the
GENERAL PROVISIONS - 4
Contractor until the Contractor provides the aforementioned Subcontractor bonds to the
Contractor."
2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard
Specifications shall be amended to include the following at the end of that paragraph:
"All Contract Documents are essential parts of the Contract for a given project. Any
requirement included in one Contract Document shall be as binding as though included in
all, as they are intended to be cooperative and to provide a description of the Work to be
done."
2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of
the Standard Specifications shall be revised to read as follows:
"In resolving disputes resulting from conflicts, errors, or discrepancies in any of the
Contract Documents, the document highest in precedence shall control. The order of
precedence shall be as listed below:
1. Change Orders or Work Change Directives
2. Agreement
3. Addenda
4. Contractor's Bid (Bid Forms)
5. Special Provisions
6. General Conditions
7. Standard Specifications
8. Notice Inviting Bids
9. Instructions to Bidders
10. Specifications
11. Plans (Contract Drawings)
12_ Standard Plans
13. Reference Documents"
"With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings"
2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be
added to the Standard Specifications to read as follows:
GENERAL PROVISIONS - 5
"Should it appear that the Work to be done, or any matter relative thereto, is not
sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall
request the City's Representative for such further explanation as may be necessary, and
shall conform to such explanation or interpretation as part of the Contract, so far as may be
consistent with the intent of the original Specifications. In the event of doubt or questions
relative to the true meaning of the Specifications, reference shall be made to the Engineer,
whose decision thereon shall be final."
2-7 SUBSURFACE DATA
2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the
Standard Specifications to read as follows:
"Soils reports and other reports of subsurface conditions may be made available for
inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT
CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the
"technical data" contained in such reports and drawings only where such "technical data"
are specifically identified in the Special Provisions. Except for such reliance on such
"technical data", the Contractor may not rely upon or make any claim against the Owner,
the Engineer, nor any of the Engineer's Consultants with respect to any of the following:"
"2-7.1.1. Completeness. The completeness of such reports and drawings for
contractor's purposes, including, but not limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto."
"2-7.1.2. Other Information. Any other data, interpretations, opinions, and
information contained in such reports or shown or indicated in such drawings."
"2-7.1.3. Interpretation. Any interpretation by the Contractor of such "technical
data" or any conclusion drawn from any "technical data" or any such data, interpretations,
opinions or information."
2-8 RIGHT-OF-WAY.
Section 2-8 of the Standard Specifications shall be revised in its entirety to read as
follows:
"All temporary access or construction rights-of-way, other than those shown on the
Plans, which the Contractor may find it requires during progress of the Work, shall be
arranged by, paid for and disposed of solely by the Contractor at its own expense. The
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from all claims for damages of any kind arising from or incident
to such rights-of-way. Those rights-of-way shown on the Plans will be provided by the City
GENERAL PROVISIONS - 6
at its expense."
2-9 SURVEYING.
2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be
amended to include the following:
"All survey monuments, centerline ties and survey reference points will be tied out in
advance by the City Surveyor. Temporary control shall be protected in place. Any
temporary control disturbs by the contractor shall be replaced at no additional
compensation. City Surveyor will provide one set of temporary stakes for position of well
monuments. Contractor shall install well monuments. Contractor shall coordinate with the
City Surveyor for the installation."
2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be
amended in its entirety to read as follows:
"All Work, including finished surfaces, shall during its progress and upon completion
conform to the lines, grades, cross-sections, elevations and dimensions shown on the
Plans. All distances and measurements are given thereon and will be made in a horizontal
plane. Three consecutive points shown on the same rate of slope must be used in
common in order to detect any variation from a straight line. In the event any discrepancy
exists, it must be reported to the City's Representative. Failure to make this report shall
make the Contractor responsible for any error in the finished Work. Minor deviations from
approved Plans, whenever required by the exigencies of construction, shall be determined
in all cases by the City's Representative and authorized in writing."
2-10 AUTHORITY OF BOARD AND ENGINEER.
The provisions of Section 2-10 of the Standard Specifications shall be revised to
read as follows:
"Whenever the Contract Documents refer to the Engineer or City's Representative,
or provide the Engineer or City's Representative with power to act on behalf of the City,
such reference shall necessarily include the City's Representative, or his or her authorized
designee."
"The City Council shall have the power to award the Contract, and shall generally
have the final authority to act in all matters affecting the Project. The City's Representative
shall have the authority to enforce compliance with the Contract Documents. The
Contractor shall promptly comply with the instructions of the City's Representative. The
decisions of the City's Representative shall be final and binding on all questions as to: (1)
GENERAL PROVISIONS - 7
the quantity, quality and acceptability of materials and equipment furnished and Work
performed; (2) the manner of performance and rate of progress of the Work; (3) any and all
questions which may arise as to the interpretation of the Plans, Specifications, General
Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the
part of the Contractor; (5) any claims and compensation issues; and (6) his authority to
enforce and make effective such decisions and actions as the Contractor fails to carry out
promptly."
2-11 INSPECTION.
The provisions of Section 2-11 shall be amended to include the following at the end
of that Section:
"The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the Specifications, the Special
Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to
the Engineer's inspection."
"When the Work is substantially completed, the Engineer or a representative of the
Engineer will make the final inspection."
"Whenever the Contractor varies the period during which Work is carried on any
day, he shall give adequate notice to the City's Representative so that proper inspection
may be provided. Defective Work shall be made good, and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials have
previously been inspected, accepted or estimated for payment."
"The Contractor shall prosecute work on any State highway or within any railroad
right-of-way only in the presence of an inspector representing the State Division of
Highways or the railroad company, and any Work done in the absence of such inspectors
will be subject to rejection. The Contractor shall make the appropriate notification
according to the instructions given on the State Encroachment Permit or railroad permit for
all inspections, and shall post all bonds and certificates required by the permit. The permit
shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay
for all testing and inspections required by a State Encroachment Permit or railroad permit."
GENERAL PROVISIONS - 8
2-12 SITE EXAMINATION
Section 2-12 shall be added to the Standard Specifications as follows:
"The Contractor shall have the sole responsibility of satisfying itself concerning the
nature and location of the Work, and the general and location conditions, such as, but not
limited to, all other matters which could in any way affect the Work or the costs thereof.
The failure of the Contractor to acquaint itself with all available information regarding any
applicable existing or future conditions shall not relieve it from the responsibility for
properly estimating either the difficulties, responsibilities, or costs of successfully
performing the Work according to the Contract Documents."
2-13 FLOW AND ACCEPTANCE OF WATER
Section 2-13 shall be added to the Standard Specifications as follows:
"Storm, surface, nuisance, or other waters may be encountered at various times
during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby
acknowledges that it has investigated the risk arising from such waters, has prepared its
Bid accordingly, and assumes any and all risks and liabilities arising therefrom."
2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
Section 2-14 shall be added to the Standard Specifications as follows:
"The Contractor shall give his personal attention to the fulfillment of the Contract
and shall keep the Work under his control. The Contractor shall not contract with any
other entity to perform in whole or in part the services required hereunder except in strict
compliance with Section 2-3 of the Standard Specifications and state law. In addition,
neither this Contract nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise
provided in Section 7103.5 of the State of California Public Contract Code, without the
prior written approval of the City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%)
of the present ownership and/or control of the Contractor, taking all transfers into account
on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be
void. No approved transfer shall release the Contractor or any surety of the Contractor of
any liability hereunder without the expressed written consent of the City."
- END OF SECTION -
GENERAL PROVISIONS - 9
SECTION 3 CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall
be amended to include the following at the end of that Section:
"Contractor shall not be entitled to claim or bring suit for damages, whether for loss
of profits or otherwise, on account of any decrease or omission of any item or portion of
Work to be done. Whenever any change is made as provided for herein, such change
shall be considered and treated as though originally included in the Contract, and shall be
subject to all terms, conditions and provisions of the original Contract."
3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications
shall be revised to read as follows:
"3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to
read as follows:"
"3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the
event of an increase or decrease in a bid item quantity of a unit price contract, the total
amount of work actually done or materials or equipment furnished shall be paid for
according to the unit price established for such work under the Contract Documents,
wherever such unit price has been established; provided, that an adjustment in the
Contract Unit Price may be made for changes which result in an increase or decrease in
the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated
items of work."
"3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a
unit price contract, should the total quantity of any item of work required under the Contract
exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of
125 percent of such estimate and not covered by an executed contract Change Order
specifying the compensation to be paid therefor will be paid for by adjusting the Contract
Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work
involved in such excess will be made as provided in Paragraph 3-3.2, as amended in these
Special Provisions."
"Such adjustment of the Contract Unit Price will be the difference between the
Contract Unit Price and the actual unit cost, which will be determined as hereinafter
provided, of the total pay quantity of the item. If the costs applicable to such item of work
include fixed costs, such fixed costs shall be deemed to have been recovered by the
Contractor by the payments made for 125 percent of the Engineer's Estimate of the
quantity for such item, and in computing the actual unit costs, such fixed costs will be
excluded. Subject to the above provisions, such actual unit cost will be determined by the
engineer in the same manner as if the work were to be paid for as extra work as provided
GENERAL PROVISIONS - 10
in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be
as agreed to by the Contractor and the Owner."
"When the compensation payable for the number of units of an item of work
performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the
applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in
said price if he so elects, except that an adjustment will be made if requested in writing by
the Contractor."
"3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On
unit price contracts, should the total pay quantity of any item of work required under the
contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in
compensation pursuant to this Section will not be made unless the Contractor so requests
in writing. If the Contractor so requests, the quantity of said item performed, unless
covered by an executed contract change order specifying the compensation payable
therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at
the option of the engineer, payment for the quantity of the work of such item performed will
be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2, as
amended in these Special Provisions, or such adjustment as will be as agreed to by the
Contractor and the Owner; provided, however, that in no case shall the payment for such
work be less than that which would be made at the Contract Unit Price."
"Such adjustment of the contract unit price will be the difference between the
contract unit price and the actual unit cost, which will be determined as hereinafter
provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost
will be determined by the Engineer in the same manner as if the work were to be paid for
as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or
such adjustment as will be as agreed to by the Contractor and the Owner."
"The payment for the total pay quantity of such item of work will in no case exceed
the payment which would be made for the performance of 75 percent of the Engineer's
Estimate of the quantity for such item at the original Contract Unit Price."
"3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts,
should any contract item of the work be eliminated in its entirety, in the absence of an
executed contract Change Order covering such elimination, payment will be made to the
Contractor for actual costs incurred in connection with such eliminated contract item if
incurred prior to the date of notification in writing by the Engineer of such elimination."
"If acceptable material is ordered by the Contractor for the eliminated item prior to
the date of notification of such elimination by the Engineer, and if orders for such material
cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case,
the material paid for shall become the property of the Owner and the actual cost of any
further handling will be paid for by the Owner. If the material is returnable to the vendor
and if the Engineer so directs the Contractor, the material shall be returned and the
GENERAL PROVISIONS - 11
Contractor will be paid for the actual cost of charges made by the vendor for returning the
material. The actual cost of handling returned material will be paid for."
"The actual costs or charges to be paid by the Owner to the Contractor as provided
in this Section 3-2 will be computed in the same manner as if the work were to be paid for
as extra work as provided in Paragraph 3-3.2, as amended in these General Conditions, or
such adjustment as will be as agreed to by the Contractor and the Owner."
3-3 EXTRA WORK
3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications
shall be amended to include the following at the end of that Section:
"All extra work shall be adjusted daily upon report sheets furnished by the
Contractor, prepared by the City's Representative and signed by both parties. The daily
report shall be considered thereafter as the true record of extra work done. New and
unforeseen work will be classed as extra work only when said work is not covered and
cannot be paid for under any of the various items or combination of items for which a bid
price appears in the Bid Forms. The Contractor shall not do any extra work, except upon
written order from the City's Representative."
3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications
shall be amended as follows:
3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the
beginning of that Section:
"Extra work shall be paid for under written work order in accordance with the terms
therein provided. Generally, payment for extra work will be made at the unit price or lump
sum previously agreed upon between the Contractor and the City."
3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor)
shall be amended in its entirety to read as follows:
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profit.
1)
Labor
2)
Materials
3)
Equipment rental
4)
Other items and expenditures
5)
Subcontracts (1st tier only)
6)
Lower tier subcontractors
24 percent (includes bonding)
15 percent
15 percent
15 percent
5 percent
none
To the sum of the costs and markups provided for in this subsection, except
GENERAL PROVISIONS - 12
for labor, one percent shall be added as compensation for bonding."
3-6 EXISTING CONDITIONS.
Section 3-6 shall be added to the Standard Specifications as follows:
"Contractor shall have the sole responsibility for satisfying itself concerning the
conditions, nature and location of the Project and the Work to be performed, as well as the
general and local conditions. Such conditions shall include, but shall not be limited to,
local labor availability, means of transportation, necessity for security, laws and codes,
local permit requirements, wage scales, local tax structure, contractors' licensing require-
ments, availability of required insurance, and other factors that could in any way affect the
Work or the costs thereof. The Contractor is solely responsible for understanding the
facilities, difficulties and restrictions which may impact the total and adequate completion
of the Project. The failure of the Contractor to acquaint himself with all available
information regarding any applicable existing or future conditions shall not relieve him from
the responsibility for properly estimating either the difficulties, responsibilities, or costs of
fully and adequately performing the Work according to the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 13
SECTION 4 CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in
its entirety to read as follows:
"It is the intent of the City in drafting the Contract Documents to accept only
first-class work, materials, parts, equipment and workmanship. All materials, parts and
equipment furnished by Contractor for the Work shall be new, high grade, free from
defects, of specified kind and fully equal to samples when such samples are required.
Used or secondhand materials, parts and equipment may be used only if permitted by the
Specifications. When the quality or kind of material or articles required under the Contract
are not particularly specified, the Contractor shall provide those representing the best of
their class or kind. Quality of Work shall be in strict accordance with generally accepted
standards. Material, parts, equipment and Work quality shall be subject to the approval of
the City's Representative. All materials, parts and equipment used and installed, and all
details of the Work done, shall at all times be subject to the supervision, test and approval
of the City's Representative. The City's Representative shall have access to the Work at
all times during construction, and shall be furnished with every reasonable facility for
securing full knowledge with regard to the progress, workmanship and character of the
materials, parts and equipment used or employed in the Work. Materials, parts and
equipment shall be furnished in such quantities, kinds and at such times as to ensure
uninterrupted progress of the Work."
"All materials, parts, equipment or Work which are defective in their construction or
deficient in any of the requirements of the Contract Documents, whether in place or not,
shall be remedied or removed and replaced by the Contractor in an acceptable manner,
and no compensation will be allowed for such correction work. Any Work done beyond the
lines shown on the Plans or established by the City's Representative, or any extra work
done without written authority, will be considered unauthorized and will not be paid for by
the City. Upon Contractor's failure to comply promptly with any order of the City's
Representative made under the provisions of this Section, the City's Representative shall
have authority to cause such defective or unauthorized Work to be remedied or removed
and replaced, and to deduct the costs thereof from any moneys due or to become due the
Contractor. If the Work is found to be in compliance with these specifications, the City's
Representative will furnish the Contractor with a certificate to that effect."
4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the
Standard Specifications shall be amended to add the following at the end of that Section:
"Contractor shall fully and adequately store and protect all materials, parts and
equipment, as required herein. Contractor shall be solely responsible for any and all
damages or loss by weather or any other cause to such materials, parts and equipment.
The Contractor shall make good any and all damages or loss to materials, parts and
GENERAL PROVISIONS - 14
equipment."
"Until the final written acceptance of the Work by the City, the Contractor shall have
the charge and care thereof and shall bear the risk of injury or damage to any part of the
Work by the action of the elements or any other cause. The Contractor shall rebuild,
repair, restore and make good all injuries or damages to any portion of the Work
occasioned by any cause before its completion and acceptance, and shall bear the
expense thereof, except for such injuries or damages arising from the sole negligence or
willful misconduct of the City, its officers, agents or employees. In the case of suspension
of Work from any cause whatsoever, the Contractor shall be responsible for all materials
and the protection of Work already completed, and shall properly store and protect them, if
necessary. Contractor shall provide suitable drainage and erect temporary structures
where necessary. Nothing in this Contract shall be considered as vesting in the Contractor
any right of property in materials used after they have been attached or affixed to the Work
or the soil upon City real property. All such materials shall, upon being so attached or so
affixed, become the property of the City."
"Notwithstanding the foregoing, Contractor shall not be responsible for restoring
damage valued in excess of five percent (5%) of the Contract Price if such damage was
caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as
provided for in Public Contract Code Section 7105. If provided for in the Contract Bid
Forms, however, Contractor shall provide insurance to protect against such damages."
4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"Contractor shall immediately remove all rejected material from the Work or Site,
and shall not again return such material to the Site."
4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6
of the Standard Specifications shall be amended in their entirety to read as follows:
"Whenever any particular material, process, or equipment is indicated by a patent,
proprietary, or brand name, or by the name of the manufacturer, such product shall be
followed by the words "or equal". A Contractor may offer any material, process, or
equipment considered as equivalent to that indicated, unless a sole source is specified.
Failure of the Contractor to submit requests for substitution promptly after award shall be
deemed to signify that the Contractor intends to furnish one of the brands named in the
Special Provisions, and the Contractor does hereby waive all rights to offer or use
substitute materials, products, or equipment for that which was originally specified. Unless
otherwise authorized by the Engineer, the time for submission of data substantiating a
request for substitution of an "or equal" item shall be not less than 35 nor more than 40
calendar days after award of Contract."
"The burden of proof as to the comparative quality and suitability of alternative
GENERAL PROVISIONS - 15
equipment or materials shall be on the Contractor. The Contractor shall, at its expense,
furnish data concerning items offered by it as equivalent to those specified. Such data
shall include complete calculations, technical specifications, samples, or published
documents relating to the performance and physical characteristics of the proposed
substitute. The Contractor shall have the material tested as required by the City's
Representative to determine that the quality, strength, physical, chemical or other
characteristics, including durability, finish, efficiency, dimensions, service and suitability
are such that the item will completely and adequately fulfill its intended function."
41.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications
as follows:
"The Contractor shall place the order(s) for all long-lead supplies, materials, and
equipment, for any traffic signing, striping, legends and traffic control facilities within 3
working days after the award of Contract by the Owner. The Contractor shall furnish the
Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials,
and equipment has been received and accepted by said vendor(s) within 15 working days
from the date of said award of Contract."
4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the
Standard Specifications to read as follows:
"The Contractor shall remove and dispose of all debris, abandoned structures, tree
roots and obstructions of any character met during the process of excavation, it being
understood that the cost of said removals are made a part of the unit price bid by the
Contractor under the item for excavation or removal of existing Work."
4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be
added to the Standard Specifications to read as follows:
"Any portions of curb, gutter, sidewalk or any other City improvement damaged by
the Contractor during the course of construction shall be replaced by the Contractor at his
own cost, free of all charges to the City. The cost of additional replacement of curb, gutter
or sidewalk in excess of the estimated quantities shown in the Bid Forms and
Specifications and found necessary during the process of construction (but not due to
damage resulting from carelessness on the part of the Contractor during his operations),
shall be paid to the Contractor at the unit prices submitted in his Bid."
4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to
the Standard Specifications to read as follows:
"In support of the Owner's waste reduction and recycling efforts, Contractor shall
divert all Recyclable Waste Materials, as defined in the Contract Documents, to
appropriate recycling centers rather than area landfills. Contractor will be required to
submit weight tickets and written proof of diversion with its monthly progress payment
GENERAL PROVISIONS - 16
requests. Contractor shall complete and execute any certification forms required by Owner
to document Contractor's compliance with these diversion requirements. All costs incurred
for these waste diversion efforts shall be the responsibility of the Contractor."
- END OF SECTION -
GENERAL PROVISIONS - 17
SECTION 5 UTILITIES
5-1 LOCATION
The provisions of Section 5-1 of the Standard Specifications shall be amended to
add the following at the end of that Section:
"Locations of existing utilities shown on the Plans are approximate and may not be
complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-
2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially
existing underground facilities in order to verify the location of all utilities prior to the
commencement of the Work."
"The Contractor shall be responsible for coordinating its work with all utility
companies during the construction of the Work."
"The Plans identify the approximate locations of existing utilities that parallel or
cross the Work. These locations are based on the best information available to the
Owner. The Contractor shall verify these locations."
5-2 PROTECTION
The provisions of Section 5-2 of the Standard Specifications shall be amended to
add the following at the end of that Section:
"All water meters, water valves, fire hydrants, electrical utility vaults, telephone
vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to
grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2
working days before commencing the Work."
"If the Contractor, while performing the Contract, discovers utility facilities not
identified by the public agency in the Contract Plans or Specifications, he or she shall
immediately notify the public agency and utility in writing."
"The public utility, where they are the owner, shall have the sole discretion to
perform repairs or relocation work, or permit the Contractor to do such repairs or relocation
work at a reasonable price."
"During construction of the Work, some of the existing utilities may fall within the
prism of trenches. if the existing utility does fall within the contractor=s trenches, the utility
involved shall be supported properly by the Contractor to the satisfaction of the utility
owner. The method of support of the utility, precautions to be taken during trench backfill
and compaction, etc., shall be per the utility owner's requirements. The Contractor shall
contact the utility owner should it anticipate such exposure of any of the existing utilities."
GENERAL PROVISIONS - 18
5-5 DELAYS
The provisions of Section 5-5 of the Standard Specifications shall be amended to
add the following at the end of that Section:
"Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the
California Government Code (Sections 4215 and 4216) are incorporated by reference as if
fully set forth herein. In the event of any conflict between the Standard Specifications and
Government Code Sections 4215 and 4216, the provisions of Government Code Section
4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of
Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused
thereby and the indication of service laterals and appurtenances."
"The right is reserved to the owners of public utilities or franchises to enter upon the
streets for the purpose of making repairs or changes in their property which may be
necessary as a result of the Work. Employees of the City shall likewise have the privilege
of entering upon the street for the purpose of making any necessary repairs or
replacements."
"Contractor shall employ and use only qualified persons, as hereinafter defined, to
work in proximity to Southern California Edison's secondary, primary and transition
facilities. The term "qualified person" shall mean one who, by reason of experience or
instruction, is familiar with the operation to be performed and the hazards involved, as
more specifically defined in Section 2700 of Title 8 of the California Administrative Code.
The Contractor shall take such steps as are necessary to assure compliance by all
Subcontractors."
- END OF SECTION -
GENERAL PROVISIONS - 19
SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The second paragraph of Section 6-1 of the Standard Specifications shall be
amended in its entirety to read as follows:
"After the Contract has been approved by the Owner, and a written Notice to
Proceed has been issued to the Contractor, the Contractor shall start the Work within 10
working days after the date specified in said Notice to Proceed. The Work shall be
diligently prosecuted to completion before the expiration of the time indicated in the Bid
Documents and Contract Form, plus any duly authorized extensions thereof."
The provisions of Section 6-1 of the Standard Specifications shall be amended to
add the following at the end of that Section:
"Notwithstanding anything to the contrary herein, the Contractor's proposed
construction schedule shall include the expected start and completion dates for all portions
of the contract Work. During a scheduling conference between the Contractor and the
City's Representative, the work schedule will be discussed and modified, if necessary, by
mutual agreement. Should it become necessary for the City to delay temporarily the
construction schedule agreed upon during the scheduling conference, every effort will be
made to permit a new construction schedule at the time most convenient to the Contractor,
thus permitting the Project to proceed with the shortest intramural movement of the
equipment. The Contractor shall notify the City's Representative in all such cases in order
to arrive at a mutually satisfactory schedule."
"Contractor's construction schedule shall be in a form provided for in the
Specifications. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the
Owner whenever specifically requested to do so by Owner and with each periodic
payment request. Failure to submit an updated and accurate construction schedule
shall render Contractor in breach of the Contract and shall entitle Owner to withhold
money therefor."
6-3 SUSPENSION OF WORK.
6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications
shall be amended to add the following at the end of that Section:
"The situations which will be deemed to be in the City's interest to suspend the
Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such
other conditions that render the proper prosecution of the Work impracticable or inefficient;
or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform
any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to
GENERAL PROVISIONS - 20
supply an adequate working force for any reason whatsoever (including, but not limited to,
strikes, labor unrest or labor shortages of any kind); (4) when the Contractor fails or
refuses to begin delivery of any materials, manufactured articles, supplies or equipment for
any reason whatsoever (including, but not limited to, transportation problems, strikes, labor
unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to
commence Work within the time specified for any reason whatsoever (including, but not
limited to, transportation problems, labor strikes, labor unrest or labor shortages of any
kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of
materials, manufactured articles, supplies or equipment for any reason whatsoever
(including, but not limited to transportation problems, strikes, labor unrest or labor
shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a
manner and at such locations as specified in the Contract Documents; (8) when the
Contractor fails or refuses to maintain a Work program which will insure the Agency's
interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or
(10) when the Contractor fails or refuses in any other respect to prosecute the Work with
the diligence, speed or force specified or intended by the terms of the Contract. The
Contractor shall immediately comply with any written order from the City's Representative
and shall not resume operations until so ordered in writing."
6-4 DEFAULT BY CONTRACTOR.
The first, second and third full paragraphs of Section 6-4 of the Standard
Specifications shall be amended to read as follows:
"If the Contractor should be in violation of the Contract, then the City may, without
prejudice to any other right or remedy and after giving notice as specified herein, terminate
the Contract and take all actions provided for herein and elsewhere in the Contract
Documents. By way of example and not as a limitation upon its right to terminate the
Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the
Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles,
supplies or equipment for any reason whatsoever (including, but not limited to
transportation problems, strikes, labor unrest or labor shortages of any kind); (2)
commence Work within the time specified for any reason whatsoever (including, but not
limited to, transportation problems, labor strikes, labor unrest or labor shortages of any
kind); (3) maintain an adequate rate of delivery of materials, manufactured articles,
supplies or equipment for any reason whatsoever (including, but not limited to,
transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute
the Work in a manner and at such locations as specified in the Contract Documents; (5)
maintain a Work program which will insure the Agency's interest; (6) carry out the intent of
the Contract; (7) supply an adequate working force for any reason whatsoever (including,
but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other
respect prosecute the Work with the diligence, speed or force specified or intended bythe
terms of the Contact."
"If the City determines that sufficient grounds exist to terminate the Contract as
GENERAL PROVISIONS - 21
provided herein, the City's Representative shall provide written notice to the Contractor
and its surety on its performance bond. If the Contractor or its surety does not fully comply
with such notice within five (5) days after receiving it, or fails to continue after starting to
comply in good faith, the City may exclude the Contractor and its employees and
Subcontractors from the Work, or any portion thereof, and take possession of and use, or
cause to be used, all materials, tools and equipment of every description as may be found
at the place of such Work. Thereupon, the Contractor and its employees and
Subcontractors shall discontinue such Work or such part thereof as the City may
designate, and the City may thereupon, by Contract or otherwise, as it may determine,
complete the Work or any part thereof. All expenses charged under this paragraph shall
be deducted and paid for by the City out of any moneys then due or to become due the
Contractor under the Contract. In such accounting, the City shall not be held to obtain the
lowest figure for the Work for completing the Contract, or any part thereof, or for insuring
its proper completion, but all sums paid therefore shall be charged to the Contractor. In
case the expenses so charged are less than a sum which would have been payable under
the Contract if the same had been completed by the Contractor, the Contractor shall be
entitled to receive the difference. In case such expense shall exceed the amount payable
under the Contract, then the Contractor shall pay the amount of the excess to the City
upon completion of the Work without further demand being made therefore. In the
determination of the question as to whether or not there has been any such noncompliance
with the Contract as to warrant the suspension or annulment thereof, the decision of the
City Council shall be binding on all parties to the Contract."
6-8 COMPLETION AND ACCEPTANCE.
Section 6-8 of the Standard Specifications shall be amended in its entirety as
follows:
"The Work will be inspected for acceptance by the City's Representative upon
receipt of the Contractor's written assertion that the Work has been completed. If, in the
sole discretion of the City's Representative, the Work has been completed and is ready for
acceptance, the City's Representative will notify the City Clerk that the Contract has been
completed in its entirety. The City's Representative shall request that the City accept the
Work and that the City Clerk be authorized to file on behalf of the City in the office of the
Los Angeles County Recorder, a Notice of Completion of the Work. The date of
completion shall be the date the Contractor is relieved from responsibility to protect the
Work."
"The Contractor hereby guarantees that the entire Work constructed by him under
the Contract will meet fully all requirements as to quality of workmanship and materials.
The Contractor hereby agrees to make, at his own expense, any repairs or replacements
made necessary by defects in materials or workmanship that become evident within one
(1) year after the date of the final payment, and to restore to full compliance with the
requirements of these Contract Documents, including any test requirements set forth
herein for any part of the Work constructed hereunder, which during said one (1) year
GENERAL PROVISIONS - 22
period is found to be deficient with respect to any provisions of the Contract Documents.
The Contractor shall make all repairs and replacements promptly upon receipt of written
orders for the same from the City's Representative. If the Contractor fails to make the
repairs and replacements promptly, the City may do the work and the Contractor and his
sureties shall be liable to the City for the cost thereof."
"The guarantees and agreements set forth herein shall be secured by a surety bond
which shall be delivered by the Contractor to the City before the Notice of Completion and
acceptance of the Work by the City. Said bond shall be in the form approved by the City
Attorney and executed by a surety company or companies satisfactory to the City in the
amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force
for a period of one (1) year after the date of Notice of Completion and acceptance.
Alternatively, the Contractor may provide for the Faithful Performance Bond furnished
under the Contract to remain in force and effect for said amount until the expiration of said
one (1) year period."
"The parties agree that no certificate given, with the exception of the certificate of
final payment, shall be conclusive evidence of the faithful performance of the Contract,
either in whole or in part, and that no payment shall be construed to be in acceptance of
any defective work or improper materials. Further, the certificate of final payment shall not
terminate the Contractor's obligations under his warranty herein above. The Contractor
agrees that payment of the amount due under the Contract and the adjustments and
payments due for any Work done in accordance with any alterations of the same, shall
release the City, the City Council and its officials, officers and employees from any and all
claims or liability on account of work performed under the Contract or any alteration
thereof."
GENERAL PROVISIONS - 23
6-9 LIQUIDATED DAMAGES.
Section 6-9 of the Standard Specifications shall be amended in its entirety to read
as follows:
"Contractor agrees that if the Work is not completed within the Contract Time and/or
pursuant to any completion schedule, construction schedule or project milestones
developed pursuant to provisions of the Contract, it is understood, acknowledged and
agreed that the District will suffer damage. Pursuant to Government Code Section
53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum
specified in the Contract form for each and every calendar day of delay beyond the
Contract Time or beyond any completion schedule, construction schedule or Project
milestones established pursuant to the Contract. Liquidated damages may be deducted
from any payments or other funds owing to Contractor, including progress payments, the
final payment and retentions."
6-11 TIMES OF OPERATION
Section 6-11 shall be added to the Standard Specifications to read as follows:
"It shall be unlawful for any person to operate, permit, use, or cause to operate any
of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through
Friday, with no work allowed on Owner-observed holidays, unless otherwise approved by
the Engineer:
Powered Vehicles
Construction Equipment
Loading and Unloading Vehicles
Domestic Power Tools"
Contractor shall not perform any work prior 9:00 am on Northbound and 3:00
Pm on Southbound. The City Engineer can extend the time upon request: and, if he
deems necessary for the safety of the traffic of the public.
-END OF SECTION -
GENERAL PROVISIONS - 24
SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR.
7-2.2 Laws. The provisions of Section 7-2.2 of the Standard Specifications shall
be amended in their entirety as follows:
"The Contractor, its agents and employees shall be bound by and comply with
applicable provisions of the Labor Code and Federal, State and local laws related to labor.
Notwithstanding anything to the contrary contained in the Contract Documents, Contractor
shall comply with the following:"
117-2.2.1 Social Security Requirements. Contractor shall furnish to the City
satisfactory evidence that he and all of his Subcontractors are complying with all laws,
rules and regulations with respect to Social Security . The Contractor, at any time upon
request, shall satisfy the City that all necessary Social Security and other taxes are being
properly reported and paid."
"7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be
required to comply with the provisions of California Labor Code Section 1810 et seg.
According to those sections, eight (8) hours of labor shall constitute a legal day's work.
Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker
employed in the execution of this Contract by the Contractor, or by any Subcontractor, for
each calendar day during which such worker is required or permitted to work more than
eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week,
except when payment for overtime is made at not less than one and one-half (1-1 /2) times
the basic rate for that worker."
"7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the
Business and Professions Code and Section 3300 of the Public Contract Code, all bidders
must possess proper licenses for performance of this Contract. Contractors shall meet the
California Contractor's license requirements set forth in the Notice Inviting Bids.
Subcontractors must possess the appropriate licenses for each specialty subcontracted.
Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider
any bid submitted by a contractor not currently licensed in accordance with state law and
pursuant to the requirements found in the Contract Documents to be nonresponsive, and
the City shall reject the Bid. The City shall have the right to request, and the Bidders shall
provide within five (5) Calendar Days, evidence satisfactory to the City of all valid
license(s) currently held by that Bidder and each of the Bidder's subcontractors, before
awarding the Contract."
GENERAL PROVISIONS - 25
"7-2.2.5 Non-Discrimination. Contractor shall not discriminate in the
employment of persons upon the Contract because of the race, creed, color, national
origin, ancestry, non-disqualifying disability, age, medical condition, marital status, sex or
other classifications of such persons protected by federal, state and local laws, rules and
regulations. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall cause an identical clause to be included
in every subcontract for the contract work."
7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8
of the California Labor Code, the Contractor shall pay travel and subsistence payments to
each worker needed to execute the Work, as such travel and subsistence payments are
defined in the applicable collective bargaining agreements filed in accordance with law.
To establish such travel and subsistence payments, the representative of any craft,
classification, or type of worker needed to execute the Contract shall file with the
Department of Industrial Relations fully executed copies of collective bargaining
agreements for the particular craft, classification or type of work involved. Such
agreements shall be filed within 10 days after their execution and thereafter shall establish
such travel and subsistence payments whenever filed 30 days prior to the call for Bids."
7-3 PERMITS.
Section 7-5 of the Standard Specifications shall be amended in its entirety to read as
follows:
"Unless indicated to the contrary in the Contract Documents, including the Special
Provisions, Contractor shall procure all permits and licenses (including a City business
license), pay all charges and fees, and give all notices necessary and incidental to the due
and lawful prosecution of the Work."
7-8 PROJECT SITE MAINTENANCE.
7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with all air pollution control rules, regulations,
ordinances and statutes. All containers of paint, thinner, curing compound, solvent or
liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable
material requirements."
7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard
Specifications shall be amended to add the following at the end of that Section:
"In addition, Contractor shall comply with the provisions of the Federal Clean Water
GENERAL PROVISIONS - 26
Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal
Regulations Parts 122-124, the Porter-Cologne Act (California Water Code) and the Waste
Discharge Requirements for Municipal Storm Water Discharges within the County of Los
Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm
Water Best Management Practices Handbook for Construction Activities."
WATER POLLUTION CONTROL
A. Water Quality Protection Requirements For Construction Projects With Less
than 1-Acre Of Disturbed Soil
All construction projects, regardless of size, will be required to implement best
management practices (BMPs) necessary to reduce pollutants to the Maximum
Extent Practicable (MEP) to meet the minimum water quality protection
requirements as defined in Table 2-1.
Table 2-1
Minimum Water Quality Protection Requirements for Construction Projects
Category
Minimum Requirements
BMPs
1. Sediment
Sediments generated on the project site shall be
Sediment
Control
retained using adequate Treatment Control or
Control
Structural BMPs.
2.
Construction-related materials, wastes, spills or
Site
Constructi
residues shall be retained at the project site to avoid
Management;
on
discharge to streets, drainage facilities, receiving
Material and
Materials
waters, or adjacent properties by wind or runoff.
Waste
Control
Non-storm water runoff from equipment and vehicle
Management
washing and any other activity shall be contained at
the project sites.
3. Erosion
Erosion from slopes and channels shall be
Erosion
Control
controlled by implementing an effective combination
Control
of BMPs, such as the limiting of grading scheduled
during the wet season; inspecting graded areas
during rain events; planting and maintenance of
vegetation on slopes; and covering erosion
susceptible slopes.
GENERAL PROVISIONS - 27
Please refer to the California Stormwater Quality Association's Construction
Handbook available for free on their website (www.cabmphandbooks.com -
Construction Handbook) for further information regarding the BMPs listed in Table
2-1.
B. Water Quality Protection Requirements For Construction Projects With 1-Acre
(or greater) Of Disturbed Soil
In addition to the minimum BMPs required in Section A, a Storm Water Pollution
Prevention Plan (SWPPP) must be submitted to the City for all construction projects
where at least 1-Acre of soil will be disturbed. The SWPPP will include strategies
for reducing runoff of pollutants and minimize environmental impacts to receiving
waters. A SWPPP may also be required for projects smaller than 1-Acre if the City
designates the project a threat to water quality objectives.
In addition, the contractor must contact the Los Angeles Regional Water Quality
Control Board (LARWQCB) if the project will disturb 1-Acre or more of soil.
Construction activities can not begin until a Waste discharger Identification (WDID)
Number is issued by the State Water Board. The 1-Acre threshold includes the
total amount of land disturbance. For example, if four streets, each 1/4-acre in size
in different parts of the City are to be reconstructed then a WDID Number must be
obtained. To request a Notice of Intent (NOI) you must contact the Regional Board
at:
Los Angeles Regional Water Quality Control Board
320 W. 41h. Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576-6600; Fax: (213) 576-6640
Internet Address: http://www.swrcb.ca.gov/-rrwgcb4
The SWPPP shall include:
• The name, location, period of construction, and a brief description of the project;
• Contact information for the owner and contractor;
• The building permit number for the project;
. The grading permit number for the project (where applicable)
GENERAL PROVISIONS - 28
• A list of major construction materials, wastes, and activities at the project site;
• A list of best management practices to be used to control pollutant discharges
from major construction
materials, wastes, and activities;
• A site plan (construction plans may be used) indicating the selection of BMPs and
their location where
appropriate;
• Non-storm water discharges, their locations, and the BMPs necessary to prevent
the discharge;
• A maintenance and self-inspection schedule of the BMPs to determine the
effectiveness and necessary
repairs of the BMPs; and
• A certification statement that all required and selected BMPs will be effectively
implemented.
Within 7 days after the City has certified the contract, the Contractor shall submit
two 2 copies of the proposed SWPPP to the City. The City shall review the
SWPPP within 14 days of receipt of the plan. If revisions are required, the
Contractor shall revise and re-submit the document within 7 days of their receipt of
the City's comments. The City shall then have 7 days to consider the revisions
made by the Contractor and approve the SWPPP.
The Contractor shall maintain a minimum of two readily accessible copies of the
SWPPP at the project site. The SWPPP shall be made available upon request of a
representative of the Regional Water Quality Control Board (RWQCB), or the U.S.
Environmental Protection Agency (U.S. EPA). Requests by environmental groups
and the public shall be directed to the City.
C. Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may
reasonably affect the quality of storm water discharge associated with construction
activities. The plan will describe and ensure the implementation of Best
Management Practices (BMPs) which will be used to reduce pollutants in the storm
water discharges from the construction site. A Best Management Practice is
defined as any program, technology, process, operating method, measure, or
device that controls, prevents, removes, or reduces pollution. The Contractor shall
select appropriate BMPs from the California Stormwater BMP Handbook, Municipal,
GENERAL PROVISIONS - 29
Industrial, New Development, and Construction Volumes
(www.cabmphandbooks.com) in conjunction with all activities and construction
operations:
1. Construction Practices (NS2, NS3, NS4, and NS6)
2. Material and Waste Management (WM01, WM02, and WM04)
3. Vehicle and Equipment Management (NS8, NS9, and NS10)
4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2)
5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2)
Copies of the California Stormwater BMP Handbooks may be obtained from:
California Stormwater Quality Association Los Angeles County DPW
P.O. Box 2313 Cashier's Office
Livermore, CA 94551 900 South Fremont Avenue
www.cabmphandbooks.com Alhambra, CA 91803
Tel. No. (626) 458-6959
D. Implementation
The Contractor will be responsible throughout the duration of the project for the
installation, monitoring, inspection and maintenance of the BMPs included in the
SWPPP and for removing and disposing of temporary BMPs. The Contractor may
be required to implement additional BMPs as a result of changes in actual field
conditions, contractor's activities, or construction operations.
The Contractor shall demonstrate the ability and preparedness to fully deploy these
SWPPP control measures to protect soil-disturbed areas of the project site before
the onset of precipitation and shall maintain a detailed plan for the mobilization of
sufficient labor and equipment to fully deploy these control measures.
Throughout the winter season, active soil-disturbed areas of the project site shall be
fully protected at the end of each day with these control measures unless fair
weather is predicted through the following day. The Contractor shall monitor daily
weather forecasts. If precipitation is predicted prior to the end of the following
workday, construction scheduling shall be modified, as required, and the Contractor
shall deploy functioning control measures prior to the onset of the precipitation.
GENERAL PROVISIONS - 30
The City may order the suspension of construction operations which are creating
water pollution if the Contractor fails to conform to the requirements of this section,
"Water Pollution Control". Unless otherwise directed by the City, the Contractor's
responsibility for SWPPP implementation shall continue throughout any temporary
suspension of work.
E. Sewage Spill Prevention
The Contractor's attention is directed to the sewer bypass operation required during
any sewer construction (Standard Specification for Public Works Construction
Section 500.1.2.4).
The Contractor shall exercise extraordinary care to prevent the cause of events that
may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make
arrangements for an emergency response unit comprised of emergency response
equipment and trained personnel to be immediately dispatched to the project site.
The Contractor shall be fully responsible for preventing and containing sewage
spills as well as recovering and properly disposing of raw sewage. In addition, the
Contractor is responsible for any fines, penalties and liabilities arising from
negligently causing a sewage spill. Any utility that is damaged by the contractor
shall be immediately repaired at the Contractor's expense. The Contractor shall
take all measures necessary to prevent further damage or service interruption and
to contain and clean up the sewage spills.
F. Sewage Spill Telephone Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to
the following two (2) City Departments:
Public Works/ Engineering (626) 569-2150
Public Safety Department (626) 569-2292
The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular
telephone numbers of City representatives such as Project Managers and Inspectors, to be
reached during emergency and off-hours.
The City will notify the following:
Los Angeles County Department of Health Services (213) 974-1234
GENERAL PROVISIONS - 31
Los Angeles County Department of Public Works (800) 303-0003
Regional Water Quality Control Board (213) 576-6665 or 6600
State Office of Emergency Services (800) 852-7550
(For any significant volume of material that entered the storm drain or
receiving water)
G. Sewage Spill Written Notification
The Contractor shall prepare and submit a written report within three (3) working
days from the occurrence of a spill to the City, (Attention: Project Manager). This
report shall describe the following information related to the spill:
1. The exact location on the Thomas Guide map
2. The nature and volume
3. The date, time and duration
4. The cause
5. The type of remedial and/or cleanup measures taken and date and time
implemented
6. The corrective and preventive action taken, and
7. The water body impacted and results of necessary monitoring
H. Enforcement
The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S.
EPA, environmental groups and private citizens. The Contractor shall be
responsible for all costs and liabilities imposed by law as result of the Contractor's
failure to comply and/or fulfill the requirements set forth in Section 7.09 - "Water
Pollution Control". The costs and liabilities include, but are not limited to fines,
penalties and damages whether assessed against the City or the Contractor.
In addition to any remedy authorized by law, any money due to the Contractor
under this contract shall be retained by the City until all costs and liabilities imposed
by law against the City or Contractor have been satisfied.
1. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP
control measures and shall regularly inspect and maintain the construction site for
the BMPs identified in the SWPPP. The Contractor shall identify corrective actions
and time frames in order to properly address any damaged measure, or reinitiate
any BMPs that have been discontinued.
If the City identifies a deficiency in the deployment or functioning of identified
GENERAL PROVISIONS - 32
control measures, the deficiency shall be corrected by the Contractor immediately
or by a later date and time if requested in writing, but not later than the onset of the
subsequent precipitation events. The correction of deficiencies shall be at no
additional cost to the City.
J. Payment
All costs involved in the implementation of the SWPPP, including furnishing all
labor, materials, tools, equipment and all incidentals; and for doing all the work
involved in installing, constructing, maintaining, removing, and disposing of control
measures, except those that were installed as a part of another structure, shall be
included in the unit prices bid for the various related items of work and no additional
compensation will be made therefore.
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added
to the Standard Specifications to read as follows:
"The Contractor shall comply with all local sound control and noise level rules,
regulations and ordinances, including hours of operation requirements. No internal
combustion engine shall be operated on the Project without a muffler of the type
recommended by the manufacturer. Should any muffler or other control device sustain
damage, the Contractor shall promptly remove the equipment and shall not return said
equipment to the job until the device is repaired or replaced. Said noise and vibration level
requirements shall apply to all equipment on the job or related to the job, including but not
limited to, trucks, transit mixers or transit equipment that may or may not be owned by the
Contractor."
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to
the beginning of the first full paragraph:
"In accordance with generally accepted construction practices, the Contractor shall
be solely and completely responsible for conditions of the job site, including the safety of
all persons and property in performance of the Work. This requirement shall apply
continuously and shall not be limited to normal working hours. The Contractor's duty to
preserve safety shall include, but shall not be limited to, the erection and maintenance of
temporary fences, bridges, railings and barriers; the placement of guards; maintenance
and operation of sufficient lights and signals; and all other precautions necessary to
maintain safety in the vicinity of the Work. Any duty on the part of the City's
Representative or other City employee or agent to give general engineering supervision of
the Contractor's performance is not intended to include the review of the adequacy of the
Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and
complete responsibility for safety conditions on the Site."
GENERAL PROVISIONS - 33
Section 7-10.4.1 shall be amended also to add the following to the beginning of the
second full paragraph:
"Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if
the Work governed by this Contract entails excavation of any trench or trenches five (5)
feet or more in depth, Contractor shall comply with all applicable provisions of the Labor
Code, including Section 6705, regarding sheeting, shoring and bracing."
7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall
be amended to add the following to the end of that Section:
"As required by Public Contract Code Section 7104, if this Contract involves digging
trenches or other excavations that extend deeper than four (4) feet below the surface,
Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any
material discovered in excavation that Contractor believes to be a hazardous waste that is
required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or
latent physical conditions at the site differing from those indicated by City; and
(3) unknown physical conditions of an unusual nature at the site, significantly different from
those ordinarily encountered in such contract work. Upon notification, City shall promptly
investigate the conditions to determine whether a change order is appropriate. In the
event of a dispute, Contractor shall not be excused from any scheduled completion date
and shall proceed with all Work to be performed under the Contract, but shall retain all
rights provided by the Contract or by law for making protests and resolving the dispute."
7-11 PATENT FEES OR ROYALTIES.
Section 7-11 of the Standard Specifications shall be amended in its entiretyto read
as follows:
"The Contractor shall include in its bid amount the patent fees or royalties on any
patented article or process furnished or used in the Work. Contractor shall assume all
liability and responsibility arising from the use of any patented, or allegedly patented,
materials, equipment, devices or processes used in or incorporated with the work, and
shall defend, indemnify and hold harmless the City, its officials, officers, agents and
employees from and against any and all liabilities, demands, claims, damages, losses,
costs and expenses, of whatsoever kind or nature, arising from such use."
7-13 LAWS TO BE OBSERVED.
Section 7-13 of the Standard Specifications shall be revised in its entirety to read as
follows:
"The Contractor shall keep itself fully informed of all existing and future State,
Federal and local laws, rules and regulations, which in any manner affect those engaged
GENERAL PROVISIONS - 34
or employed in the Work, or the materials used in the Work, or which in any 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 shall at all times observe and
comply with all such existing and future laws, rules, ordinances, regulations, orders, and
decrees of bodies or tribunals having any or all authority over the Work, and shall defend,
indemnify and hold harmless, at least to the extent of the indemnification provisions of this
Agreement, the Owner and its officials, officers, employees, volunteers and agents,
including, but not limited to, the Director of Public Works and the Owner Engineer, against
any claim or liability arising from, or based on, the violation or alleged violation of any such
law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The
Contractor shall particularly observe all laws, rules and regulations relating to the
obstruction of streets or the conduct of the Work, keeping open passageways and
protecting the same where they are exposed or dangerous to traffic. The Contractor shall
at all times comply with such laws, rules and regulations. If any discrepancy or
inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the
Work in relation to any such law, rule, ordinance, regulation, order, or decree, the
Contractor shall forthwith report the same to the Engineer in writing."
7-15 INDEMNIFICATION.
Section 7-15 shall be added to the Standard Specifications as follows:
"Contractor shall defend (with counsel of City's choosing), indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or
injuries, in law or equity, to property or persons, including wrongful death, to the extent
arising out of or incident to any acts, omissions or willful misconduct of Contractor, its
officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Work or this Contract, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with
Counsel of City's choosing, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its officials,
officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay
and satisfy any judgment, award or decree that may be rendered against City, its officials,
officers, employees, volunteers or agents, in any such suit, action or other legal
proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers
or agents for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. The only limitations on this
provision shall be those imposed by Civil Code Section 2782."
7-16 CONCRETE FORMS, FALSEWORK AND SHORING.
Section 7-16 shall be added to the Standard Specifications as follows:
GENERAL PROVISIONS - 35
"Contractor shall comply fully with the requirements of Section 1717 of the
Construction Safety Orders, State of California, Department of Industrial Relations,
regarding the design of concrete forms, falsework, and shoring, and the inspection of same
prior to the placement of concrete. Where Section 1717 requires the services of a civil
engineer registered in the State of California to approve design calculations and working
drawings of the falsework or shoring system, or to inspect such system prior to the
placement of concrete, Contractor shall employ a registered civil engineer for these
purposes, and all costs therefor shall be included in the Bid item price named in the
Contract for completion of the Work as set forth in the Contract Documents."
- END OF SECTION -
GENERAL PROVISIONS - 36
SECTION 9 MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK.
Section 9-2 of the Standard Specifications shall be amended to add the following at
the end of that Section:
"On lump sum contracts, the Contractor shall submit, forapproval bythe Engineer, a
Schedule of Values, or lump sum price breakdown, which will serve as the basis for
progress payments and which shall be incorporated into a form of Application for Payment
acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at
the Pre-construction Conference and must meet the approval of the Engineer before any
payments can be made to the Contractor."
9-3 PAYMENT.
9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications
shall be deleted and replaced with the following two paragraphs:
"Contractor shall submit, with each of its billing invoices, a corrected list of
quantities, verified by the Engineer, for unit price items listed in the Bid Schedule.
Following the City's acceptance of the Work as fully complete, the Contractor shall submit
to the City for approval a written statement of the final quantities of Contract items for
inclusion in the final invoice. Upon receipt of such statement, the City's Representative
shall check the quantities included therein and shall authorize the Contractor to submit an
invoice which, in the City Representative's opinion, shall be just and fair, covering the
amount and value of the total amount of Work done by the Contractor, less previous
payments, applicable withholdings and retentions."
"All retention proceeds shall be released and paid in strict accordance with Public
Contract Section 7107."
Section 9-3.1 of the Standard Specifications shall be amended to also add the
following at the end of that Section:
"Payment for the various items on the Contract Bid Forms, as further specified in the
Contract, shall include all compensation to be received by the Contractor for furnishing all
tools, equipment, supplies, and manufactured articles, and for all labor, operations, and
incidentals appurtenant to the items of Work being described, as necessary to complete
the various items of Work, all in accordance with the provisions for Measurement and
Payment in the Standard Specifications and these General Conditions, and as shown on
the Drawings, including all appurtenances thereto. Compensation shall include all costs of
compliance with the regulations of public agencies having jurisdiction over the Work,
including the Safety and Health Requirements of the California Division of Industrial Safety
and the Occupational Safety and Health Administration of the U.S. Department of Labor
GENERAL PROVISIONS - 37
(OSHA)."
"No separate payment will be made for any item that is not specifically set forth in
the Contract Bid Forms, and all costs therefor shall be included in the prices named in the
Contract Bid Forms for the various appurtenant items of work."
9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications
shall be amended to add the following at the end of that Section:
"For purposes of this Section, the monthly payment date shall be the last calendar
day of each month. In order for the City to consider and prepare for each monthly
payment, the Contractor shall submit a detailed measurement of Work performed and a
progress estimate of the value thereof before the tenth (10th) day of the following month.
The City shall review and make payment on all approved charges within the time required
by Public Contract Code Sections 20104.5 et se g."
"Acceptance of any progress payment accompanying any estimate without written
protest shall be an acknowledgment by the Contractor that the number of accumulated
contract days shown on the associated statement of working days is correct. Progress
payments made by the Owner to the Contractor or its sureties after the completion date of
the Contract shall not constitute a waiver of liquidated damages."
"Subject to the provisions of Section 22300 of the California Public Contract Code, a
10 percent retention will be withheld from each payment. All invoices and detailed pay
requests shall be approved by the Engineer before submittal to the Ownerfor payment. All
billings shall be directed to the Engineer."
"Pursuant to Section 22300 of the California Public Contract Code, In accordance
with California Public Contract Code Section 22300, the City will permit the substitution of
securities for any monies withheld by the City to ensure performance under the Contract.
At the request and expense of the Contractor, securities equivalent to the amount withheld
shall be deposited with the City, or with a state or federally chartered bank in California as
the escrow agent, and thereafter the City shall then pay such monies to the Contractor as
they come due. Upon satisfactory completion of the Contract, the securities shall be
returned to the Contractor. The Contractor shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any interest thereon. The escrow
agreement used for the purposes of this Section shall be in the form provided by the City."
"The Contractor shall submit with each invoice the Contractor's conditional waiver of
lien for the entire amount covered by such invoice, as well as a valid unconditional waiver
of lien from the Contractor and all subcontractors and materialmen for all work and
materials included in any prior invoices. Waivers of lien shall be in the forms prescribed
by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor
shall submit a final waiver of lien for the Contractor's work, together with releases of lien
from any subcontractor or materialmen."
GENERAL PROVISIONS - 38
- END OF SECTION
GENERAL PROVISIONS - 39
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
"PART B"
SUPPLEMENTAL
CONDITIONS
SUPPLEMENTARY GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The work consists in pavement overlay, miscellaneous concrete work and traffic
signal upgrade.
10-1.2 Quantities - The estimate of quantities of work is approximate only, being given
as basis for the compilation of bids, and the City of Rosemead does not
expressly or by implication agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any class
or portion of the work or to omit portions of the work that may be deemed
necessary or expedient by the Engineer. In such case the contract unit price
shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard
Specifications.
All work incidental to this project, as described on the drawings and/or this
specification shall be considered as included within the scope of the work. The
bid prices submitted by the contractor shall include the cost of said incidentals,
even though such incidentals are not specifically mentioned in the preceding
description of work to be done or in the proposal form.
10-1.3 Equals - Whenever the names of specific products are designated in the details
appearing on the drawings or in the specifications, the intent is to state the
general type and quality of the products desired, without the intention of ruling
out the use of other products of equal type and quality. If the successful
contractor wishes to make substitutions of the products specified, he must make
an application in writing to the Engineer prior to the acceptance and installation
into the project with a complete description of the alternate products and a
statement with regard to the saving to the owner, if any, in case the substitution
would be permitted. The Engineer will have the right to make the final decision in
these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable
to the Engineer, in lieu of the requested substitutions.
10-1.4 Installation of Equipment - All materials and workmanship shall be in
accordance with the manufacturer's specifications and instructions.
SUPPLEMENTARY GCs-1
10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Prosecution, progress, and acceptance of work shall conform to Section 6 of the
Standard Specifications with the following special conditions:
a. Beginning and Completion of Work: The contract time allowed for
completion of the project is THIRTY (30) calendar days. Work on this
project shall commence no later than ten (10) days from the date of Notice
to Proceed.
b. The contractor shall submit to the Engineer a time schedule of work for the
various sequences of the major operations. Said schedule shall be
submitted at least 5 working days prior to the beginning of work and shall
be subject to the approval of the Engineer.
C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m.
with no work on Saturdays, Sundays, Holidays, and alternate Fridays in
which City Hall is closed. Except when authorized by the Director of
Public Works or City Engineer.
d. Inspection: The City shall provide inspection for an 8-hour day for normal
working days. The City will deduct from the contractor's invoice an
amount equal to $65 per hour for inspection in excess of the foregoing,
including legal holidays, City Hall closed Fridays, and weekends.
e. Weight master certificates are source documents and it is the contractor's
responsibility to collect the material tickets from the drivers at the delivery
point, sign and date them and submit to the City Inspector.
f. Contractor shall notify all property owners within the project limits of all
activities; written notification shall be delivered to properties at least forty-
eight (48) hours in advance of any activity.
g. The contractor and all subcontractors shall attend a pre-construction
meeting at the time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain a Rosemead Business
License prior to the start of work.
SUPPLEMENTARY GCs-2
10-3
10-4
STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the "Standard
Specifications for Public Works Construction (Greenbook)," latest edition,
including all supplements, and applicable provisions of Caltrans Standard
Specifications, latest edition.
In case of conflict between the Standard Specifications and the Special
Provisions, the Special Provisions shall take precedence over and be used in lieu
of such conflicting portions.
CONSTRUCTION YARD
It shall be the contractor's responsibility to locate any storage sites for materials
and equipment needed, and such sites must be approved in advance by the City
Engineer. When storage sites are located on private properties, the contractor
shall be required to submit to the City Engineer written approval from the record
owner authorizing the use of his property by the contractor, and contractor shall
bear all the cost involved, and provide necessary insurance requirements. If
contractor chose one of the City owned.
The contractor accepts sole liability for the yard during the time, which it is
occupied. The contractor agrees to indemnify and hold harmless the City and
ARA during the period which the contractor occupies the site. The yard shall be
fenced with City-approved temporary chain link fence and gate(s). The yard shall
be secured at all times. The Contractor shall be responsible for required utilities,
if available.
The Contractor shall store all materials in a manner, which complies with
manufacturer's recommendations and/or legal requirements.
The yard shall be maintained in a manner consistent with surrounding properties.
After the project is constructed, the Contractor shall move off of the yard and
return the yard to a condition similar to before he moved on the yard.
In order to assure these requirements are met, the Contractor shall have an
independently prepared environmental report prepared prior to Contractor
mobilization and after final cleanup.
Contractor and all subcontractors shall not be permitted to place any signage or
advertising signs on the site unless city's written approval is obtained.
SUPPLEMENTARY GCs-3
10-5 UTILITIES
The contractor will obtain the locations of underground facilities from the utility
companies at least twenty-four (24) hours prior to commencing construction in
such areas. At all time the contractor shall be responsible for the protection of
such facilities and shall be held liable for damage to utilities during construction.
The contractor is responsible to call Underground Service Alert at (800) 422-
4133 at least 72 hours prior to commencing any work.
10-6 CONSTRUCTION WATER
It shall be the responsibility of the contractor to furnish an adequate supply of
water for construction use.
10-7 AIR AND WATER POLLUTION
The Contractor shall be required to conform to all current regulations of the South
Coast Air Quality Management District. The Contractor shall also conform to
Section 402(p) of the 1972 Clean Water Act which establishes a framework for
the regulation of municipal, industrial and construction stormwater discharges
under the National Pollutant Discharge Elimination System (NPDES) program.
10-8 HAZARDOUS MATERIAL NOTIFICATION
A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all
hazardous materials which are brought on site by the Contractor. A MSDS is
required for any product which may contain hazardous materials. The contractor
must alert the City Engineer of the quantity and type of hazardous material which
will be brought on site. The MSDS sheets must be submitted to the City
Engineer at least two (2) business days prior to starting work. The City Engineer
may require the City Safety Officer or his designee to review the MSDS for
approval of use.
The contractor shall be responsible for notifying Underground Service Alert (800)
422-4133 and all utility companies having substructures within the limits of the
job. This shall be done at least 72 hours prior to commencing construction.
10-9 PUBLIC CONVENIENCE AND SAFETY
The contractor shall conduct his operations to comply with the provisions of
section 7-10 of the Standard Specifications. Traffic Control shall comply with the
Work Area Traffic Control Handbook of the American Public Works Association
(WATCH Manual), latest edition.
After award of the contract, the contractor shall submit to the Engineer his
proposed schedules for lane closing and his methods of traffic control to comply
with the requirements specified herein below. This submittal shall be made
SUPPLEMENTARY GCs-4
sufficiently in advance of any rerouting or diversion of traffic by the contractor to
allow for a review of the contractor's proposed traffic control.
Any shifting of traffic from one lane to another which is necessary in order to
maintain the required number of lanes, shall be directed in such a manner that
traffic may move smoothly across the work without any sudden changes from
one lane to another. Toward this end the minimum taper allowed for detouring
the traffic from one lane to another shall be 20:1.
The contractor shall provide, throughout the period of construction, all signs
which may be deemed necessary for the safe and orderly conduct of vehicular
traffic as directed by the Engineer. All barricades used as warning and guiding
devices shall bear the name of the contractor in legible letters. Flashing arrow
board(s) shall be required throughout the construction period.
Traffic lanes shall have a minimum width of twelve (12) feet and minimum
clearance of two (2) feet from curbs, poles and similar obstructions, and two (2)
feet from any excavation, unless otherwise specified. One lane shall be
maintained at all times.
Transitions of differential road surfaces shall be maintained according to SSPWC
sect.
Spillage resulting from hauling operations along any public traveled way shall be
removed immediately by the contractor.
Traffic shall not be allowed on the street until the initial sweeping is complete.
Contractor shall provide access the existing driveways. Contractor will close only
one driveway at any time to properties having more than one driveway.
10-10 PAYMENT
Payment shall be made in accordance with Section 9 of the Standard
Specifications. Payment will be made at the lump sum prices or unit prices as
stipulated in the Bid Proposal and will include full compensation for furnishing all
labor materials, tools and equipment and doing all the work involved in
completion of the bid items. 10% retention will be paid 35 days after City
Council's acceptance.
10-11 SURVEY MONUMENTS
See Section 2-9 Surveying of the General Provisions Page - 7.
10-12 CLEAN-UP
SUPPLEMENTARY GCs-5
Upon completion of the work and before the final estimate is submitted, the
Contractor shall, at his own expense, remove from the vicinity of the work all
plant, buildings, rubbish, unused materials, concrete forms and other materials or
equipment belonging to or used by him or any subcontractor on the work. In the
by the City at the Contractor's expense.
10-13 GUARANTEE
The contractor hereby guarantees for a period of one year that the entire work
constructed by him under this contract will meet fully all requirements thereof as
to quality of workmanship and of materials furnished by him. The contractor
hereby agrees to make at his own expense any repairs or replacements made
necessary by defects in materials or workmanship supplied by him that becomes
evident within the time specified after filing of the Notice of Completion of the
work by the Engineer, and to restore to full compliance with the requirements of
these specifications, including the test requirements set forth herein for any part
of the work constructed hereunder, which during said period is found to be
deficient with respect to any provision of the specifications. The contractor also
agrees to defend, indemnify and hold the Owner, its officers and employees,
harmless from claims of any kind arising from damage due to said defects. The
contractor shall make all repairs and replacements promptly upon receipt of
written orders for same from the Engineer. If the contractor fails to make the
repairs and replacements promptly, the owner may doe the work and the
contractor and his surety shall be liable to the owner for the cost thereof.
Upon termination of the Contractor's guarantee any manufacturers' guarantees
held by him shall be delivered to the owner.
The guarantees and agreements set forth in Subsection (a) hereof shall be
secured by a surety bond which shall be delivered by the Contractor to the
Owner before the notice of completion shall be filed by the Development
Services Director. Said bond shall be in an approved form and executed by a
surety company or companies satisfactory to the owner, in the amount of ten
percent (10%) of the contract price. Said bond shall remain in force for a period
of one year from the date of filing of the Notice of Completion. Instead of
providing a surety bond, the contractor may, at his option, provide for the Faithful
Performance Bond furnished under the contract to remain in force for said
amount until the expiration of the required period.
10-14 SANITATION
All portions of the work shall be maintained at all times in sanitary condition. The
contractor shall provide adequate toilet facilities for all workmen and
representatives of the owner employed on the work. Such facilities shall be
SUPPLEMENTARY GCs-6
subject to the acceptance of the owner as to location and type. The contractor
shall maintain the same in sanitary condition from the beginning of the work until
completion and then shall remove the facilities and disinfect the premises if
necessary. The contractor shall be responsible for alleviating all dust and
nuisance conditions occasioned by his work.
Each day, at the completion of the day's work, the entire trench area and
adjacent streets shall be swept and cleaned to the satisfaction of the City
Engineer or his appointed representative. The contractor shall cover all storm
drain catch basins during excavation and sweeping operations to prevent
excavated materials from entering the catch basins.
SUPPLEMENTARY GCs-7
CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
HELLMAN AVENUE RESURFACING PROJECT
FROM JACKSON AVENUE TO WALNUT GROVE AVENUE
PROJECT No. P82729
FISCAL YEAR 2009-2010
IN THE CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2152 FAX: (626) 307-9218
SCHEDULED BID OPENING: AUGUST 18, 2010.
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
TECHNICAL PROVISIONS
SECTION 1 - SITE MAINTENANCE
1.01 General. The Contractor shall maintain the construction site in a neat and orderly
condition, free from trash and waste construction materials at all times. Unattended
construction materials, equipment, and trash shall be left in a manner to not constitute a fire
hazard nor become a nuisance or danger due to rain, wind, or other forces of nature.
The Contractor shall provide and maintain enclosed toilets for the use of employees
engaged in the work. These accommodations shall be maintained in a neat and sanitary
condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
The Contractor shall provide proper barricades with flashing lights properly working and
temporary fencing to insure a safe construction site. The Contractor shall maintain the
work site in a manner that assures adequate access to workers and other authorized
personnel.
The Contractor shall provide proper traffic control in all construction areas.
1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to
abate undue dust. Application of water for dust control shall be under the control of the
Engineer and shall be applied in the amounts and at locations designated by the Engineer
or other City Representatives.
1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm
or other water from flowing uninterrupted along the existing street drainage courses.
Diversion of water for short reaches to protect construction may be permitted if public or
private properties are not threatened with damage. Should such diversions be necessary,
the Contractor shall obtain written permission from the applicable public agency or property
owner before the Engineer will permit any diversion of water outside rights-of-way or normal
drainage courses.
1.04 Protection of Existing Improvements. Construction operations shall be conducted in
manner that assures all permanent facilities and improvements, as well as temporary
improvements which remain during the life of this contract, are not subject to vertical
settlement or horizontal movement. The Contractor shall work around all existing utility
facilities. During construction the Contractor shall cooperate with the owners of any utility
that has manholes, vaults, valve covers or any other facilities within the construction area.
These facilities shall be completely protected by the Contractor. The Contractor shall
exercise care to prevent asphalt material from being deposited on concrete surfaces.
Unless otherwise specified, all costs for protection of existing improvements shall be
absorbed in the various items of work and no separate payment shall be made for them.
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1.05 Restoration of Existing Improvements. All existing improvements removed or
damaged during construction shall be reconstructed in accordance with the applicable
provisions of the Standard Specifications for Public Works Construction, 2009 Edition,
(hereinafter referred to as the Standard Specifications). The Contractor shall replace or
restore existing improvements to their original condition to the satisfaction of the Engineer
at no expense to the City.
1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste
material shall become the property of the Contractor and shall be disposed of by the
Contractor outside the limits of work in accordance with the applicable ordinances and
regulations of governmental agencies having jurisdiction.
1.07 Final Clean Up. After completion of all other work required under the contract, the
Contractor shall, at no expense to the City, clean up the work site including any and all
properties used by the Contractor during construction to the satisfaction of the Engineer.
The Contractor shall remove and dispose of all excess materials. The Contractor shall
repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or
nature which has been moved, damaged or altered in any way by the Contractor's
operations. The Contractor shall return all roadway and adjoining surfaces to their original
condition and appearance.
The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing
asphalt pavement or concrete pavement during paving operations. The Contractor shall
slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all
asphalt pavement area where asphalt oil was accidentally tracked. If tracking is left on the
concrete pavement Contractor shall sand blast the affected area to its original condition
and to the satisfaction of the Engineer or City Representatives at no additional cost. Any
and all of these requirements shall be at the Contractor's expense.
1.08 Payment. No separate payment will be made for Site Maintenance. All costs for
furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in the
prices bid for the various contract items of work.
SECTION 2 - CLEARING AND GRUBBING
2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and
Grubbing" of the Standard Specifications. In addition, the following items of work are
included under Clearing and Grubbing, unless otherwise covered by specific bid items:
A. Maintaining dust control at all times by watering and sweeping.
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B. Providing traffic control and maintaining access, security and safety including all
signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in
these specifications.
C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve
covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing
structures.
D. Removing, storing, and replacing removable and portable items and their safe
handling and keeping.
E. Providing temporary pumps, conduits, and any other necessary means to convey
waste waters in order to bypass the construction as needed and as approved by the
Engineer.
F. Saw cutting Portland cement concrete and asphalt concrete pavement for
construction of smooth and straight joins.
G. Providing shoring, sheeting, bracing, etc. for excavations.
H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other
landscaping items interfering with the construction of improvements.
1. Removing and disposing of all existing improvements interfering with the
construction of new improvements and/or as required elsewhere in these specifications and
not included in other bid items.
J. Restoring landscaping or any other miscellaneous improvements damaged during
construction.
K. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting
from removing existing improvements that are not replaced and where excavations were
made for concrete forming.
L. Backfilling areas with clean topsoil; grading to join elevation of newly constructed
curb, sidewalk, and driveway approach; and seeding, watering, and caring for rye grass or
approved equal by the Engineer until the grass is established.
M. Providing all necessary means to prevent tracking of asphalt oil on existing or
new asphalt pavement during the paving operation and for restoring areas where
asphalt oil was spilled.
N. Coordinating the construction with all utility companies.
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O. Obtaining permit from the appropriate water company for connection to fresh water
source and delivering water to the point of use and assuming payment of all fees and
payment for water used.
P. Providing construction signs as specified in the Special Provisions of these
specifications.
Q Storing construction equipment and materials.
R. Providing enclosed toilets.
2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price
under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation
for furnishing all labor, materials, tools, and equipment, and doing all work involved in
Clearing and Grubbing as specified above and as directed by the Engineer.
SECTION 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF
THE PROJECT
3.01 General. Due to the nature of this project involving some inconveniences, the
Contractor shall respond to all complaints associated with the project that include any
alleged damage to private property and/or vehicles, within 24 hours of notification. Failure
to comply with this provision will result in an additional penalty of $50.00 per occurrence.
The City reserves the right, after 24 hours of notification, to respond to the complaint and
repair the alleged damage. The Contractor shall reimburse the City for all costs involved in
addressing the complaint, including any administrative costs incurred by the City.
3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices
informing those affected that construction will be performed in proximity to their property.
The notice shall be distributed not less than 48 hours before commencement of work. The
Contractor shall provide a sample notification to the Engineer for approval.
3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at
no cost to the City. The "NO PARKING" signs will be in place not less than 24 hours prior
to performing the work.
3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before
Commencement of the Project. All costs for furnishing all labor, materials, tools, and
incidentals and doing all the work involved, as specified herein and as directed by the
Engineer, shall be included in the prices bid for the various contract items of work.
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SECTION 4- COMPACTED SELECTED FILL (If Applicable)
4.01 General. The subgrade under removed curb and gutter, sidewalk, driveway apron,
curb ramp, local depression, cross gutter, and street pavement shall be inspected prior to
placing forms. Unsuitable subgrade material, as determined by the Engineer, shall be
removed and replace with selected fill material and compacted to not less than 95 percent
relative compaction as specified in Section 301-1.3 of the Standard Specifications. The
extent of removal and replacement shall be determined by the Engineer.
4.02. Payment. Payment for Compacted Selected Fill will be made at the unit price bid
under Bid Item No. 3. The unit price paid shall include full compensation for furnishing all
labor, materials, tools and equipment to remove the unsuitable subgrade, place and
compact selected fill, and complete the work specified. Since the amount of unsuitable
subgrade cannot be determined until the existing improvements are removed, the quantity
specified in the bid item is an estimate only and may vary according to the amount of
unsuitable material encountered, if any, at the time of construction.
SECTION 5 - REMOVAL, HAULAWAY, AND DISPOSAL OF MATERIALS
5.01 General. The Contractor shall remove, haulaway, and dispose of all existing
pavement, curb, curb and gutter, sidewalk, driveway, and other improvements including
barrier poles, landscaping, trees, and irrigation facilities as noted on the Plans and
interfering with the new construction unless otherwise noted on the Plans.
5.02 Payment. No separate payment will be made for Removal, Haulaway and Disposal of
Materials. All cost for furnishing labor, materials, tools, equipment and incidentals, and for
doing all work involved as specified herein and directed by the Engineer, shall be included
in the unit price bid for the various contract items of work.
SECTION 6 - COLD PLANING ASPHALT CONCRETE PAVEMENT
6.01 General. The Contractor shall cold plane the asphalt concrete pavement roadway
area within the limits of the project as dimensioned on the plan and as directed by the
Engineer, all in accordance with Section 302-5.2 "Cold Milling Asphalt Concrete Pavement"
of the Standard Specifications. Cold planing shall be a constant 1.25 inches depth, as
indicated on the Plans, and 2.5 inches at the existing edge of gutter as shown on the Plans.
Contractor shall apply ARHM overlay not more than 48 hours after cold milling.
6.02 Payment. Payment for cold planing asphalt concrete pavement shall be made on a
square foot basis and at the unit price bid under Bid Item No. 4. The unit prices paid shall
include full compensation for furnishing all labor, material, tools, and equipment and doing
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all work as specified herein including removal and disposal of all loosened material,
sweeping, dump fees, and incidentals and doing all the work involved as specified herein
and as directed by the Engineer.
SECTION 7 - ASPHALT CONCRETE PAVEMENT AND OTHER ASPHALT ITEMS
7.01 General. Asphalt concrete pavement shall be ARHM-GG-C (PG 64-16) and shall be
constructed in accordance with Section 203, "Bituminous Materials" and Section 302-5,
"Asphalt Concrete Pavement" of the Standard Specifications and the Plans.
7.02 Asphalt Rubber Hot Mix (ARHM). Asphalt concrete overlay shall be constructed in
accordance with Section 302-9, "Asphalt Concrete Pavement" of the Standard
Specifications. Asphalt concrete to be used by the Contractor as part of this work shall be
ARHM-GG-C (PG 64-16). Asphalt concrete overlay shall be 2.5 inches thick as shown on
the Plans.
7.03 Asphalt Concrete Pavement Overlay and Asphalt Patch Reconstruction. Asphalt
concrete pavement reconstruction shall be constructed in accordance with Section 302-5,
"Asphalt Concrete Pavement" of the Standard Specifications. Asphalt concrete to be used
for the reconstruction shall be 4 inches thick B (PG 64-10) base course and 0.5 inches
thick D1 (PG 64-10) leveling course. The existing asphalt concrete pavement adjacent to
new curb and gutter, cross gutter, and local depression construction shall be sawcut and
removed of the distance shown on the Plans, but no less than a minimum of one foot from
the outside edge of construction.
The replacement asphalt concrete pavement adjacent to new concrete construction shall be
equal to the thickness of the edge of gutter, of the cross gutter or of the local depression
plus 3/8 inches lip.
7.04 Subgrade. Asphalt concrete pavement shall be constructed on compacted native
subgrade. Subgrade preparation for the pavement shall be as specified in Section 4 of
these Specifications.
7.05 Clean Concrete Improvements After Asphalt Concrete Pavement Overlay. The
Contractor shall remove all asphalt concrete pavement overlay that spills onto the concrete
curb gutter, cross gutter, local depression and all other concrete improvements. Removal
shall be done as soon as practical after the asphalt concrete pavement has been laid. Any
oil or other spillage onto concrete improvements shall also be removed in a manner to
leave them completely clean of any paving material.
7.06 Payment. Payment for Asphalt Concrete Pavement and Patch will be made at the unit
price bid under Bid Item No. 5, 6 and 7. The unit prices paid shall include full
compensation for furnishing all labor, material, tools, and equipment to complete the work
specified herein and as directed by the Engineer, including the costs for removal, disposal,
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and disposal fees. Subgrade preparation and cleaning of concrete improvements will be
included in the cost bid for Asphalt Concrete Pavement.
SECTION 8 - PORTLAND CEMENT CONCRETE CONSTRUCTION
8.01 General. Portland cement concrete construction shall be in accordance with Section
201, "Concrete, Mortar and Related Materials" and Section 303, "Concrete and Masonry
Construction" of the Standard Specification and as specified in the Standard Plans for
Public Works Construction (hereinafter referred to as Standard Plans) and details shown
on the Plans. The work required includes the removal and replacement of curb and gutter,
sidewalk, curb ramps, driveway replacement, cross gutter and local depression and the
construction as shown on the Plans.
8.02 Concrete Mix. Concrete for curb and gutter, and local depression, shall be Class
520-C-2500 concrete specified by class in accordance with Section 201-1.1.2, "Concrete
Specified by Class and Alternate Class" of the Standard Specifications.
8.03 Curb and Gutter. Concrete curb and gutter shall be constructed in conformance with
Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access
Ramps and Driveways" of the Standard Specifications, shall be per Standard Plan 120-1
and details as indicated on the Plans. Curb and gutter shall be constructed to grade
specified on the Plans.
Curb and gutter shall not be poured monolithically with adjacent concrete improvements
such as sidewalk, driveway approach, curb ramp, etc. and shall be constructed on 4 inches
of compacted crushed miscellaneous base.
The Contractor shall remove and replace a minimum of a one-foot wide strip of asphalt
pavement beyond the edge of the gutter to accommodate the construction of the curb and
gutter. Curb and gutter constructed at driveway approach shall be poured separately from
the apron and paid for separately. Payment for curb and gutter shall include the crushed
miscellaneous base under the curb and gutter and the one-foot space beyond the edge of
the gutter for the asphalt pavement.
After removing forms for curb and gutter construction at locations where planted parkway is
specified, the space behind the curb shall be filled with selected backfill material to the
elevation of the top of the curb prior to seeding as specified.
8.04 Sidewalk. Concrete sidewalk shall be constructed in accordance with Section 303-5,
"Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersection, Access Ramps and
Driveways" of the Standard Specifications and shall be per Standard Plans 112-1 and 113-
1. All sidewalks shall be 4 inches thick. Weakened plane joints shall be constructed at
regular intervals following the pattern of existing sidewalk adjacent to the sidewalk being
replaced or in the immediate area.
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Exposed roots within the subgrade area must be completely removed, voids backfilled and
compacted prior to placement of new sidewalk.
Cross Gutters. Portland cement concrete local depression shall be constructed in
accordance with Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley
Intersection, Access Ramps and Driveways" of the Standard Specification and shall be per
Standard Plan 122-1. All exposed edges shall be rounded to'/z-inch radius. The thickness
of the local depression shall be 8 inches constructed on compacted crushed miscellaneous
base.
8.06 Payment. Payment for Concrete Construction will be made at the unit price bids
under Bid Items No. 8, 9 and 10. The unit prices paid shall include full compensation for
furnishing all labor, materials, tools, and equipment to complete the work specified herein
and as directed by the Engineer, including the costs for removal, disposal, and disposal
fees.
SECTION 9 - ADJUST MANHOLE FRAME AND COVER TO GRADE
9.01 General. All manhole frames and covers shall be marked as to their location by the
Contractor prior to placement of the asphalt concrete pavement. Upon completion of the
asphalt concrete pavement and after reasonable time is allowed for setting, the Contractor
shall raise the manhole frames and covers to grade in accordance with Section 301-1.6,
"Adjustment of Manhole Frame and Cover Sets to Grade" of the Standard Specifications.
9.02 Manhole Frame and Cover or Vault. The manhole frame and cover or concrete vaults
that are at the finish grade of the street shall be protected along with the vault during the
cold milling and paving operations.
9.03 Payment. Payment for adjusting manhole frames and covers to grade will be made at
the unit price bid under Bid Item 12. The unit price paid shall include full compensation for
furnishing all labor, material, tools, and equipment and doing all work as specified herein
and as directed by the Engineer.
SECTION 10 - ADJUST WATER AND GAS VALVE COVER TO GRADE
10.01 General. The Contractor shall remove all dirt and debris from existing valve covers
to be adjusted. The Contractor shall furnish adjustable slip-on metal cans to be placed
within existing metal cans. Existing covers shall be adjusted to new pavement grade on
slip-on cans during paving operation.
10.02 Payment. Payment for adjusting value covers will be made at the unit price bid
under Bid Item No. 13. The unit price paid shall include full compensation for furnishing all
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labor, tools, material including slip-on cans, and equipment involved in raising covers to
grade as specified herein and as directed by the Engineer.
SECTION 11- TEMPORARY PAVEMENT MARKERS
11.01 General. Immediately after applying the cold milling and ARHM pavement, the
contractor shall place appropriate temporary pavement markers to replace the permanent
street striping and marking covered or removed by the operation. The contractor shall
maintain the temporary pavement markers until the pavement striping and markings are
painted.
11.02 Payment. No separate payment will be made for Temporary Pavement Striping
and Markers. All costs for furnishing all labor, materials, tools, incidentals and doing all the
work involved, as specified herein and as directed by the Engineer or Inspector, shall be
included in the prices bid for the various contract items of work.
SECTION 12- SIGNING, STRIPING AND PAVEMENT MARKERS
12.01 GENERAL
All equipment, materials, machines, and components used for signing, striping,
stenciling, and the installation thereof, shall conform to the State of California,
Department of Transportation (CALTRANS) Standard Specifications, May 2006,
Edition, and the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and
Highways, 2006, Edition, and the MUTCD 2006 California Supplement.
Section 15: EXISTING HIGHWAY FACILITIES
Section 56: SIGNS
Section 84: TRAFFIC STRIPES AND PAVEMENT MARKINGS
The Caltrans plans and Specifications are hereinafter referred to as State Standard Plans
(SSP) and State Standard Specifications (SSS).
The following technical provisions are supplementary and in addition to the provisions of
the State of California Department of Transportation Standard Specifications, and are only
called out to elaborate, to amend, to specify an option, to add thereto, delete all or part
thereof, or emphasize an important task.
The Contractor shall furnish and install all materials required for the completion of work as
shown on the plans.
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TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-1 GENERAL
Description. All striping details including crosswalks, limit lines, pavement markings and
diagonal lines shall be installed with thermoplastic. All curb markings shall be installed with
two coats of water borne base paint.
Control of Alignment and layout. The Contractor shall furnish the necessary control points
for all striping and markings, and shall be responsible for the completeness and accuracy
thereof to the satisfaction of the Engineer.
The Contractor shall establish all traffic striping between these points by string line or other
method to provide striping that will vary not more than half-inch ('/2") in (50) from the
specified alignment.
When no previously applied figures, markings, or traffic striping are available to serve as a
guide, suitable layouts shall be spotted in advance of the permanent thermoplastic
application. Using a rope as a guide for making spots every five-feet (5') may spot traffic
lines, by using a marking wheel mounted on a vehicle, or by other means satisfactory to the
Engineer.
The layout of all work to be painted shall be inspected and approved prior to painting. Any
work painted without prior approval of the layout is subject to removal and replacement at
Contractor's expense.
The Contractor shall employ a worker with minimum of five (5) years of experience to
supervise the location, alignment, layout, dimensions, and application of the
pavement markings.
84-2 THERMOPLASTIC
Thermoplastic shall be used on all striping details, crosswalks, pavement markings,
diagonal lines and arrows only.
84-3 PAINTED TRAFFIC STRIPING AND MARKINGS
Materials. Contractor shall furnish and install raised pavement markers (RPMs) for all
striping details.
Application. The Contractor shall furnish and install traffic delineation using painted "Cat
Tracking," temporary marking tape, or other approved media on the same working day as
existing striping is lost, in locations consistent with the striping plan(s). If temporary-
marking tape is used, all tape shall be removed prior to installation of permanent striping.
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1.02 PAYMENT. No separate payment will be made for Signing and Striping. All costs
for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in Bid
Items 14. No additional compensation shall be made.
1.03 REMOVAL OF CONFLICTING STRIPING. Spotting shall be completed prior to
removal of any existing striping. Existing striping and markings shall be removed prior to
painting new striping and markings. No streets shall be left without the proper striping for
more than 24 hours, or over weekends or holidays. All traffic lanes open to the public shall
have line delineation.
Existing striping, pavement legends and markings that do not conform to the plan shall be
removed by wet sandblasting per Section 15-2.028, "Traffic Stripes and Pavement
Markings," and Section 15-2.02C, "Pavement Markers," of the State of California
Department of Transportation Specifications. All striping that is to be removed must be
removed by wet sand blasting method. Sand blasting debris shall be removed before the
end or each working day. No "Blanking Out" or temporary covering will be allowed.
All stripping removals shall include removal of associated raised pavement markers.
1.04 PAYMENT. No separate payment will be made for Removal of Conflicting Striping.
All costs for furnishing all labor, materials, tools, equipment, and incidentals for doing all
the work involved, as specified herein and as directed by the Engineer, shall be included in
Bid Items 18. No additional compensation shall be made.
1.05 SIGNS (SSS SECTION 56)
56-2 ROADSIDE SIGNS
Construction. New signs shall be installed using new metal posts set at a minimum 30-
inches depth in a minimum 12-inch diameter P.C.C. footing. The length of the metal post
shall be sufficient to extend from the top of the sign to 30-inches below the top of the
concrete footing and provide a seven feet (7') clearance between the finished grade and
the bottom of the sign unless otherwise indicated on the plans. The depth of the concrete
footing shall be sufficient to extend at least six-inches (6") below the bottom of the post.
All sign facing shall be manufactured of Diamond Grade Fluorescent VIP Sheeting. All
signs shall have a graffiti film coating.
The date of installation of a sign is to be embossed on the back of the sign and shall be
considered as the start of the warranty period. "Property of the City of Rosemead" should
also be embossed on the back of the sign.
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All signs placed within the public right-of-way shall be installed using the following
guidelines:
No signs shall be placed on wood poles at anytime.
Larger (wide) signs shall be mounted on the top of a sign combination.
No sign shall have an outside edge closer than one-foot (1') to the back of the curb.
Sign panel facing shall be perpendicular to approaching traffic unless otherwise specified
by the Engineer.
Sign post shall be 12 feet channel type.
Signs shall be mounted on posts in a good workmanship manner using metal hardware
suitable for the type of installation made.
Installation materials shall be of stainless steel and is theft proof.
Signs shall be kept a minimum distance of fifteen feet (15) in front of trees, power poles,
etc. Signs shall be kept far away from trees so that tree growth will not obstruct the
visibility of the traffic sign.
Sign posts shall be installed three-feet (3') behind curb face. Sign posts installed within the
sidewalk must maintain a minimum of four-feet (4') horizontal clearance for pedestrians.
All signs shall be standard size and reflectorized color as specified in the California Manual
on Uniform Traffic Control Devices (MUTCD) latest edition, unless otherwise shown on
plans.
No signs shall be overlapped and must be installed with separate bolts. "Begin/End" or
"Tow-Away" plates are exempt.
All core drill holes must be large enough for post anchors to fit. All core drill holes must be
patched around the signpost with concrete after installation.
1.06 PAYMENT. No separate payment will be made for Roadside Signs. All costs for
furnishing all labor, materials, tools, equipment, and incidentals for doing all the work
involved, as specified herein and as directed by the Engineer, shall be included in Bid Item
14. No additional compensation shall be made.
TP-12
SECTION 13 - SURVEY WELL MONUMENT
13.01 General. Contractor shall coordinate the installation of well monuments with the
City Surveyor. The Survey Well Monument Cover, Sleeve and Dome Concrete Marker may
be obtained from the Public Works Department at no cost.
14.02 Payment. Payment for Well Survey Monument will be made at the unit price bid
under Bid Item No. 11. The unit prices paid shall include full compensation for furnishing all
labor, materials, tools, and equipment to complete the work specified herein and as
directed by the Engineer, including the costs for core drilling, cement, and appurtenances
as indicated on the City of Rosemead Standard Plan S08-001.
TP-13
CITY OF ROSEMEAD
HELLMAN AVENUE RESURFACING PROJECT
PROJECT No. P82729
"PART D"
APPENDIX