CC - Item 8E - Whitmore Street Road Resurfacing Project, Phase II - Authorization to Solicit BidsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND~CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGEF~/./1~~
DATE: JULY 27, 2010. "
SUBJECT: WHITMORE STREET ROAD RESURFACING PROJECT, PHASE-11 -
AUTHORIZATION TO SOLICIT BIDS
SUMMARY
As part of the City's Fiscal Year 2010-11 Capital Improvement Program, the City
Council approved the "Whitmore Street Resurfacing Project," which consists of the
rehabilitation of Whitmore Street from San Gabriel Boulevard to Alhambra Wash.
Funding for this project is available through the Community Development Block Grant
(CDBG) program, which requires that funds be spent on specific project types and in
specific target areas. This project meets CDBG requirements.
This resurfacing project is in conformance with the City's Strategic Plan Goal 1:
"Beautify community infrastructure and improve public facilities" and Strategy 1:
"Enhance public right-of-way with attractive and environmentally sensitive landscaping
and hardscaping". The project also conforms to Goal 2: "Enhance public safety and
quality of life" and Strategy 8: "Take proactive measures to prevent crime, promote
safety, and improve perceptions of Rosemead".
Staff Recommendation
It is recommended that the City Council authorize staff to advertise and solicit bids to
complete the improvement project.
DISCUSSION
Background
According to the City of Rosemead Pavement Management Program report from 2009,
Whitmore Street from San Gabriel Boulevard to the Alhambra Wash has a PCI
(Pavement Condition Index) of 30. The Pavement Management Program identifies and
evaluates pavement conditions and determines the causes of deterioration, rating the
pavement conditions from 0 to 100. According to this report, this portion of Whitmore
Street requires reconstruction.
ITEM NO. _RE
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
July 27, 2010
Page 2 of 3
The proposed project includes removing the existing asphalt pavement, the placement
of 4-inch thick rubberized asphalt pavement over 6-inch aggregate base, and the
construction of new sidewalk, curb and gutter and driveway approaches. Additionally, in
response concerns from area residents, staff has included the installation of new
landscaping. The Engineer's Estimate for this project is $200,000.
Timeline
If approved by the City Council, staff will work to complete this project according to the
following schedule:
July 27th, 2010 - Authorization to Solicit Bids
Authorization to Solicit Bids for Whitmore Avenue Street Resurfacing Project, Phase II
August 5th & 12th - Advertisement
Advertisement of Project in Local Publications/Trade Journals.
August 18th - Bid Opening
Public Bid Opening for Project.
August 24th, 2010 - City Council Awards Contract
September 1" - September 30th - Tentative Construction Period
October 10th, 2010 - Tentative Project Completion
October 15th. 2010 - Tentative Notice of Completion by City Engineer
FINANCIAL REVIEW
Funding for this project is included in the City's Fiscal Year 2010-11 Capital
Improvement Program Budget.
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.
City Council Meeting
July 27, 2010
Page 3 of 3
Prepared by:
afael Fajardo
Associate Civil Engineer
Submitted by:
Chris Marcarello
Director of Public Works
uc en J. Le lanc
City Engin r
Attachment 1 - Plans, Specifications, and Location Map
-CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
WHITMORE AVENUE ROAD RESURFACING
PROJECT - PHASE II
CDBG PROJECT No. P84429
FISCAL YEAR 2010-2011
IN THE CITY OF ROSEMEAD
S E M F
O 9
~ lr` O
,NCORPORAT£O X959
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2151 FAX: (626) 307-9218
SCHEDULED BID OPENING: AUGUST 18, 2010
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
CDBG PROJECT No. P84429
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-12
CONTRACT AGREEMENT
1. Contract Agreement and Insurance Requirements
2. Performance Bond ......................................................................1 to 4
3. Payment Bond ............................................................................1 to 4
CONTRACT PROVISIONS
1. Prevailing Wage Statement .............................................................NIB-1
2. Section 3 Statement ........................................................................NIB= 1
3. Apprenticeship Program ..................................................................NIB- 1
4. Section 3 Clause ...........................................................................1 to 2
5. Federal Labor Standard Provisions ....................................................1 to 4
6. Current Federal DOL Wage Decision .................................................1 to 25
T. Federal EEO and Affirmative Action Requirements ...............................1 to 10
8. Contracting with Small & Minority Firms/Women Business Enterprise 1
s
9. Compliance with Clean Air and Water Acts ...........................................1
COMPLIANCE FORMS
1. Non-Collusion Affidavit .....................................................................1
2. Non-Segregated Facilities Certification ...................................................1
3. Past Performance Certificate ..............................................................1
4. County Lobbying Certification ..............................................................1
5. Worker's Compensation Certification .....................................................1
6. Contractor List of Proposed Subcontractors ............................................1
7. Request for Additional Classification and Rate .........................................1
8. Notice of Equal Employment Opportunity Commitment ..............................1
9. Notice of Section 3 Commitment ...........................................................1
10. Section 3 Economic Opportunity Plan .................................................1 to 2
11. Section 3 Resident Certification .............................................................1
12. Section 3 Business Certification .............................................................1
13. Section 3 Economic Opportunity Report (Contractor) ..................................1
14. Federal Lobbying Certification ................................................................1
CONTRACT APPENDIX
Part "A" - General Conditions .....................................................1-31
Supplemental General Conditions ..................................1-7
Part "B" - Technical Provisions ......................................TP-1 -TP-65
Part "C" - Appendix "A"
Survey Monument Standard
Caltrans Standards
APWA Standard Plans
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
PHASE - II
CDBG PROJECT No. P84429
3` t k'h
~~~NOTICE=INNIT,ING~BIDS~
wiain9 fc'j€st ~~~uU~t~Y~~~ 1
CITY OF ROSEMEAD
NOTICE INVITING BIDS
NIB No. 2010-10
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 18'h day of August, 2010 in the office of the
City Clerk, and they will be publicly opened at 11:00 a.m. for
WHITMORE AVENUE ROAD RESURFACING PROJECT-PHASE II
CDBG PROJECT No. P84429
ALSO, NOTICE IS HEREBY GIVEN That the City Labor Standards Officer's representative,
Michelle Ramirez will conduct a pre-bid meeting at the City Hall of the City of Rosemead on August
12w, 2010 at 10:00 a.m.
The purpose of the Pre-Bid meeting is to familiarize any and all interested prospective bidders of the
requirements and submittals which are part of this project. Also any questions regarding the physical
aspects of these improvements and all forms necessary to be submitted with the sealed bid on the bid
opening day.
The project includes the removal of existing roadway and construction of 4-inch ARHM over 6-inch CMB,
construction of new sidewalk, driveway approaches and other related work as described in the
Specifications and Contract Documents, by this reference, made a part hereof.
The estimated amount of this project is $200,000.00. The successful bidder shall have thirty (30)
calendar days to complete the work. Liquidated damages shall be $500.00 per calendar 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.
Prevailing Wage Statement - This is a federally assisted construction contract. Federal Labor
Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts
will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the
two will prevail.
The contractors duty to pay the State Prevailing wages can be found under Labor Code Section
1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay
prevailing wages and employ apprentices including forfeitures and debarment.
Section 3 Statement - This is a HUD Section 3 construction contract. First preference will be given to
a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second
preference will be given to a bidder who provides a reasonable bid and commits to achieving the
Section 3 employment, training and subcontracting opportunity goals by submitting a written
commitment (Economic Opportunity Plan).
In accordance with Sections 1777.5 and 1777.6 of the Labor Code, as amended, and the regulations
of the California Apprenticeship Council, properly indentured apprentices may be employed in the
prosecution of the work. Attention is directed to Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
The Contractor and any subcontractor under him shall comply with and be governed by the laws
pertaining to working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code, as
NIB-1
amended. The Contractor shall forfeit, as a penalty to the City of Rosemead, $25.00 for each laborer,
workman, or mechanic employed in the execution of the contract, by him or any subcontractor under
him, upon any of the work herein before mentioned, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to labor more than 8 hours in violation of said Labor
Code. Contractor shall pay travel and subsistence pay pursuant to Labor Code Section 1773.8.
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.
It shall be mandatory upon the Contractor, and upon any subcontractor under the Contractor, to pay
not less than the prevailing rate of per diem wages in the locality of the CITY OF ROSEMEAD to all
workers employed in the execution of the Contract.
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 Service Agreement with
the City has been signed by the selected firm and by the City.
Award of Service Agreement is proposed for August 24th, 2010.
Dated this 2010.
GLORIA MOLLEDA
CITY CLERK
Publish: August 5" and 12`h 2010.
NIB-2
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
CDBG PROJECT No. P84429
=yINSTRUCTION PTO+BIDDERS °
s ~
TABLE OF CONTENTS
Paqe
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
0
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 loran 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" - Special Provisions
Part "D" - Specifications
Part "E" - Drawings )
Part "F" - Performance Bond
Part "G" - Payment Bond
f. 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 priorto 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 Ownerwill 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 Ownerwill 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
ITB - 2
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
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
particularjoint venturer or partnerto 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 maybe
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
ITB - 3
M
California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from 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. In addition, the Bid Bond
must be submitted on the form furnished by the Owner, crone 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 the WHITMORE AVENUE ROAD RESURFACING PROJECT - PHASE II
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
ITB - 4
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 by the
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
whetherthe successful bidder supplies the required documents and certifications in a timely manner,
the Contract Time will begin to run seven (7) 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
i
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 foreach 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
ITB - 5
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with
four identical counterparts of all required insurance certificates and endorsements as specified 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
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 biddermust 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 fled 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
ITB - 6
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.
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 necessaryforthe 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 otherapplicable taxes, and to payforpermits, 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
ITB - 7
• •
contract.
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 Owners 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
ITB - 8
altering the requirements of the specifications or the terms and conditions of
the Contract will render the Bid nonresponsive and disqualify the Bidder from
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, otherthan 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 numberof 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
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
CDBG PROJECT No. P84429
CONTRAC~r~BID,~FORMS"
SECTION 1 - BID SCHEDULE
BIDDER:
BID SCHEDULE
SCHEDULE OF PRICES FOR
WHITMORE AVENUE ROAD RESURFACING PROJECT - PHASE II
CDBG PROJECT No. P84429
BASE BID SCHEDULE
UNIT OF EST. UNIT ITEM
NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST
1 Clearing & Grubbing per plans and
specifications per Section 02230
and Section 2 of the technical
provisions complete. LS 1
2 Disposal of Waste Materials. LS 1
3 Place Compacted Selected Fill. CY 100
4 Earthwork, Roadway, Excavation
and Fill. LS 1
5 Remove existing AC and Native (2"
AC) LS 1
6 Construct 2-Inch ARHM GG-C (PG
64-16). TONS 600
7 Construct 2-Inch AC Pavement (B
- PG 64-10).. TONS 300
8 Construct 6-Inch Crushed
Miscellaneous Base 95% Relative
Compaction over 90% Compacted
Native. Tons 850
9 Remove and Construct 4-Inch
Thick PCC Sidewalk. SF 3,250
10 Remove and Construct PCC Curb
and Gutter per APWA Std Plan
120-1. LF 1,500
11 Remove and Construct PCC
Driveway approach per APWA Std
Plan 110-1. SF 2,200
12 Adjust Sewer Manhole to Grade. EA 8
13 Adjust Water/Gas Valve to Grade
EA 9
CBF-1
• BIDDER: •
14 Install Survey Well Monument per
City of Rosemead Std. Plan No.
508-001 see appendix "A" per
detail. See Section 12 of the
technical provisions per details. EA 2
15 Install Traffic Striping and
Pavement Markers. LS 1
TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $
Dollar amount in written form
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
afterthe 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.
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.
Attached hereto is a certified check, a cashiers 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 Bidders 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
CBF-2
BID*R:
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.
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-3
• BIDDER: •
By:
Signature Business Street Address
Type or Print Name City, State and Zip Code
Title Telephone Number
Bidde(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.
CBF-4
BIDDER:
SECTION 2
BID DATA FORMS
CBF-5
• 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 is properly
identified with the Bidder's name and page number.
2.A BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT as
Principal, and
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 Whitmore Avenue Road Resurfacing Project - Phase II 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 performanceand
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 bythe 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: By:
Signature Signature
CBF-6
BIDDER:
2.13 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 orabout 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 any one 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 afterthe 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
Contractors 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-7
• BIDDER:
2.B LIST OF PROPOSED SUBCONTRACTORS (continued)
["Duplicate Ne# 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 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 Description of Work
of Subcontractor to be Subcontracted
Name:
Address:
CBF-8
J
• BIER:
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 Date Completed
2.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
3.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
4.
Name and Address of Owner
Name and telephone number of person familiar with project
Contract amount Type of Work Date Completed
CBF-9
• BIDDER: •
SECTION 3
NON-COLLUSION AFFIDAVIT
CBF-10
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
Title
Bidder
Subscribed and sworn before me
This _ day of 20_
(Seal)
Notary Public in and for
the State of California
My Commission Expires:
CBF-11
• BIDDER: •
CONTRACT BID FORMS
TABLE OF CONTENTS
SECTION 1 BID SCHEDULE ...................................................................................................1
SECTION 2 BID DATA FORMS ...............................................................................................5
2.A BID BOND ............................................................................................................6
2.B LIST OF PROPOSED SUBCONTRACTORS ........................................................7
SECTION 3 NON-COLLUSION AFFIDAVIT ............................................................................10
CBF - 12
• BIDDER:
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
PHASE - II
CDBG PROJECT No. P84429
r
~CONTRACT~aAGREEMENT
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 forothers 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 Contractors 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 powerto 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]
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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.
[insert Name of Com•y] •
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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 atthe 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.
[insert Name of Company] • •
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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 under this 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.
[insert Name of Company] •
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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
[insert Name of Company] • •
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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.
[insert Name of Company] •
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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 W aiver. 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, anyfee, commission, percentage, brokeragefee,
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 rightto 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 complywith 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]
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By: By:
City Mayor
Name:
Attest:
Title:
Gloria Molleda
City Clerk
[If Corporation, TWO SIGNATURES, PresidentOR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
Approved as to Form:
Garcia Calderon Ruiz LLP By:
Name:
City Attorney
Title:
02108
Dmumentl
[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 eventto 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 Cityfor 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 subjectto 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 underthis 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:
1. 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.
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• •
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING
PROJECT - PHASE II
CDBG PROJECT No. P84429
PAYMENT. BOND
t J y
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 Whitmore Avenue Road
Resurfacing Project - Phase II 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, foror aboutthe
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 orto 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 seals this
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
I, certify that I am the
Secretary of the corporation named as principal in the attached bond,
that who signed the said bond on behalf of
the principal was then of said corporation;
that I know his signature, and his signature thereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
PAYMENT BOND - 4
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
CDBG PROJECT No. P84429
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 Whitmore Avenue Road .
Resurfacing Project - Phase II 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, orto 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 )
ss.
COUNTY OF )
On this day of in. the year before me,
a Notary Public in and for said state,
personally appeared , known to me
(or proved to be on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument as the Attorney-in-Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety)
thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
My Commission expires
r
PERFORMANCE BOND-3
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, certify that I am the
Secretary of the corporation
named as principal to the within bond; that
who signed the said bond on behalf
of the principal was then of said
corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for and in behalf of said corporation by
authority of its governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
PERFORMANCE BOND-4
s •
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
PHASE - II
CDBG PROJECT No. P84429
'CONTRAC~T~PROVISIONS>
COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $100,000)
During the performance of this contract, the contractor and all subcontractors shall
comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq.,
the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors
shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in
the performance of any non exempt contract or subcontract,. is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued there under.
3. A stipulation that as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that a facility utilized, or to be utilized for the contract,
is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the
criteria and requirements in paragraph (1) through (4) of this section in every
nonexempt subcontract and requiring that the contractor will take such action as
the government may direct as a means of enforcing such provisions.
~ppMENr Community Development Commission
i.~ County of Los Angeles
♦p
J T
• C.GFOPP~
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm:
Address:
State: Zip Code: Telephone Number: ( )
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the
County of Los Angeles and the Community Development Commission, County of Los Angeles.
1) It is understood that each person/entity/firm who applies for a Community Development
Commission contract, and as part of that process, shall certify that they are familiar with the
requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance
93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply
with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil
action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on
behalf of the named firm fails to comply with the provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
contract with the Los Angeles County and the Community Development Commission, County of Los Angeles.
Authorized Official:
By:
(Conhactor/Subwn"ctor) (Signature)
(Dare) (Title)
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WORKER'S COMPENSATION CERTIFICATION
I certify, by signature below, that I am 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 I will comply with such provisions before commencing the performance of
the work of this contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
NOTICE OF SECTION 3 COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
(Address)
Name of Business (contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development
or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Minimum Job Classification
Number
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is For additional information, you may
contact at ( )
ua a~, m,
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Datc) (Title)
M 0
SECTION 3 ECONOMIC OPPORTUNITY REPORT (CONTRACTOR)
1. Recipient Name and Address 2. Project Number: (contmWAw d No.) 3. Dollar Amount of Contract:
(Recipient, Sub-recipient, Contractor, Subcontractor)
4. Contact Person: 5. Phone: (include Area Code)
6. Reporting Period: 7. Date Report Submitted
8. Project Number: 9. Federal EIN:
PartI: Employment & Training Opportunities provided to low-income individuals (Minimum Goal: 30% of New Hires)
JOB CLASSIFICATION TOTAL LOW-INCOME % of Aggregate Hires
NEW HIRES NEW HIRES who are low-income
Technicians %
Office/Clerical %
Professionals %
Construction Trade: %
Construction Trade: %
TOTAL %
Part II: Subcontracts Awarded (Minimum Subcontract Goal is 25% of the Prime Contract Amount)
Number of Subcontracts awarded: Number of Section 3 Businesses Receiving Contracts:
Name of Qualified Business Concern Construction or Non-construction Contract Amount
$
Total Dollar Amount of Subcontracts awarded to Section 3 qualified Business Concerns: $
Dollar Amount of All Subcontracts: $
Percentage of the total dollar amount awarded to qualified Business Concerns: %
Part III: Summary of the efforts that were made to generate economic opportunities
Trained and/or Employed _ low-income individuals equal to of the aggregate new hires. (Attach Resident
Certifications)
Awarded a Subcontract to qualified Business Concerns equal to of the contract amount. (Attach Business
Certifications)
Attempted to recruit low-income individuals through:
Advertised through local media, television, radio, newspaper (Attach copy of advertisement)
Signs prominently displayed at the project site
Contacts with community organizations
Contacted management to notify residents and posted or distributed flyers at public housing authority (Attach list)
Participated in a HUD program or other program which promotes the training or employment of low-income individuals
Participated in a HUD program or other program which promotes the award of contracts to Section 3 Qualified Business
Concerns
Contacted agencies administering HUD Youth-Build programs. (Attach list)
Maintained a file of eligible, qualified low-income Residents and qualified Business Concerns for future employment.
OTHER - (Attach supporting documentation)
0 0
SECTION 3 ECONOMIC OPPORTUNITY PLAN
1. Name and Address of Reporting Entity 2. Federal Identification: (Contract/Award No.) 3. Dollar Amount of Award:
(Recipient, Sub-recipient, Contractor, Subcontractor)
4. Contact Person: 5. Phone: (include Area Code)
6. Reporting Period: 7. Date Report Submitted
8. Program Code: (Use a separate sheet for each Program Code)
Program Codes
1. Fle did a Subsidy 2. Section 202/811 3. PublicAndian Housing Development, Operation and Modernization 4. Homeless Assistance 5. HOME
6. HOME-State Administered 7. CDBG -Entitlement 8. CDBG- State Administered 9. Other CD Programs i0. Other Housing Programs
Part I: Employment and Training Commitment
JOB TOTAL SECTION 3 % of Aggregate Hires
CLASSIFICATION NEW HIRES NEW HIRES Who are Section 3 Residents
Professionals %
Technicians %
Office/Clerical %
Trade: %
Trade: end
Trade: %
Trade: %
Total: %
Part II: Contract Award Commitment to Section 3 Businesses (Subcontractors, Suppliers, Vendors, orservieeProviders)
NAME OF SPECIFY CONTRACT
SECTION 3 BUSINESS CONCERN CONSTRUCTION OR NONCONSTRUCTION CONTRACT AMOUNT
$
$
$
$
$
$
$
TOTAL $
Percentage of the total dollar amount to be awarded to Section 3 Business Concerns:
r
A Section 3 responsive bidder who commits to hire Section 3 Residents by directing employment and training
opportunities toward low- and very low-income persons, particularly those who are recipients of government
assistance forhousing, may use any combination of outreach efforts to meet the Section 3 commitment made
when a Section 3 Economic Opportunity Plan has been submitted.
REMEMBER: All employees of a businessffirm count toward meeting your Section 3 compliance goals-
Section 3 New Hires do not have to be construction workers, they just have to be a part of your permanent,
full-time staff.
SAMPLE OUTREACH EFFORTS FOR CONTRACTORS
SEEKING SECTION 3 RESIDENT EMPLOYEES
• Enter into "first-source" hiring agreements with organizations representing Section 3 residents,
such as Work Source or a local Workforce Investment Board. For more information, visit
http: //www, ca lwia. orq/lwi a/i nd ex. cfm
• Sponsor a HUD-certified "Step-Up" employment and training program for Section 3 residents.
• Advertise training and employment positions by distributing flyers (Notice of Section 3
Commitment or other flyer that identifies the positions to be filled, the qualifications required, and
where to obtain additional information about the application process) to every occupied dwelling
unit in the housing development(s) adjacent to the project site.
• Post training and employment position flyers in public housing developments, offices of the local
government, and other conspicuous places.
• Contact State-approved apprenticeship programs to gain access to potentially low-income
residents who are actively seeking job-placement and training. For more information on local
apprenticeship programs, you can visit the California Department of Industrial Relations' database
of local apprenticeship programs by visiting http://www.dir.ca. gov/databases/das/aigstart, asp
• Contact agencies administering HUD Youthbuild programs, and requesting their assistance to
recruit current HUD Youthbuild program participants who are in need of permanent placement.
• Advertise any positions to be filled through the local media, such as community television
networks, newspapers of general circulation, or commonly-used job placementwebsites such as
www.monster.com
SECTION 3 CLAUSE
(All Section 3 covered contracts shall include the Section 3 Clause)
Section 3 Clause
a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by the U.S.
Department of Housing and Urban Development (HUD) assistance or HUD assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
b. The parties to this contract will comply with HUD's regulations as set forth in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the Part 135 regulations.
c. The contractor agrees to send to each labor organization or representative of workers which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's commitments under this Section 3
Clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice shall; describe the
Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each, and the name and location of the
persons) taking applications foe each of the positions, and the anticipated date the work shall begin.
d. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with
regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of regulations under 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be
directed, where not filled to circumvent the contractor's obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered Indian Housing Assistance,
Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent
feasible; (i) preference and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to the maximum.extent feasible, but not in
derogation of compliance with Section 7(b).
r
A Section 3 Responsive bidder is a bidder that submits a Section 3 Business Certification form with the bid, and
1. Qualifies as a Section 3 Business concern because the business
-is 51 % owned by low-income residents, or
•30% or more of its permanent full-time employees are low-income residents, and
-Provides the Section 3 Resident Certification form(s) for each qualified employee.
OR
Makes a written commitment by submitting a Section 3 Economic Opportunity Plan with their bid indicating
that the bidder will:
-Hire at least 30% aggregate new-hires that are qualified low-income residents, and
-Provide the Section 3 Resident Certification form(s) for each Section 3 new-hire, or
-Subcontract 25% or more of the bid amount to qualified Section 3 Business Concem(s), and
-Ensure that the Business Concern(s) provide Section 3 Resident Certification form(s) for each
qualified employee.
NOTE: If the contract is awarded based upon the written commitment, the contractor will be responsible to
document all efforts made to recruit Section 3 resident new-hires. Additionally, the recipient of a Section 3
contract who commits to the Section 3 goal is required to submit a Section 3 Summary Report by July 1
and/or with their final Certified Payroll Report submission.
First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern.
Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3
employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan).
A Section 3 Non-responsive bidder is a bidder that:
► Fails to provide a Section 3 Business Certification form documenting Section 3 qualifications with a bid response, or
► Fails to provide a Section 3 Business Certification form and an Economic Opportunity Plan with a bid response.
However, if the lowest bid of a qualified Section 3 Responsive Bidder is not reasonable (not within the Zone of Consideration),
as defined below, the construction contract shall be awarded to the lowest bid from any responsive and responsible bidder.
A REASONABLE bid is a bid that is not more then the value of "X" higher than the LOWEST BID.
1. The actual dollar amount of bid received from any responsible bidder, PLUS
2. The "X" FACTOR, which is the lesser of;
a. The dollar amount of the required percentage listed on the chart below of the Bid submitted, or
b. The actual dollar amount listed on the chart below.
3. Equal the MAXIMUM ACCEPTABLE BID.
ZONE OF CONSIDERATION
If the Lowest Bid is heX!%F ACTOR
w
At Least But Less Than fsithe,LessOlhant
$100,000 N/A 10% $9,000
$100,000 $200,000 9% $16,000
$200,000 $300,000 8% $21,000
$300,000 $400,000 7% $24,000
$400,000 $500,000 6% $25,000
$500,000 $1,000,000 5% $40,000
$1,000,000 $2,000,000 4% $60,000
$2,000,000 $4,000,000 3% $80,000
$4,000,000 $7,000,000 2% $105,000
$7,000,000 1.5%
SECTION 3 BUSINESS CERTIFICATION FORM
Business Name:
Business Address:
Telephone Number: Contract/Bid Amount: $
1. The above mentioned business firm is a Section 3 business concern based on the following qualifications:
❑ 51-percent owned by Section 3 Residents
(Submit Resident Certifications with this business certification form)
❑ At least 30-percent Permanent, full-time employees are Section 3 Residents
Total Number of all full-time employees , Number of Section 3 qualified Employees
(Submit the Resident Certification form(s) with this Business Certification form)
2. The above mentioned business firm is not a Section 3 business concern, but commits to the Section 3 goal:
❑ Written Commitment (Section 3 Economic Opportunity Plan), outline intentions to:
Hire Section 3 qualified residents at least 30-percent aggregate new hire positions, and/or
Subcontract 25-percent or more of the contract amount to Section 3 qualified business concerns.
THE UNDERSIGNED DECLARES THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
Signature of Owner/Principal Date
Business Name License Number
To Be Completed by Local Contracting Agency
Preference Category: oTargeted Service Area oYouthbuild 130ther - Census Tract Number:
U.S. DEPARTMENT OF H SING AND URBAN DEVELOPMEN HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval Number2501-0011
(Exp. 09/3on006)
1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER
3. LOCATION OF PROJECT (City, County and State)
4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION
❑ Building ❑ Residential
❑ Heavy ❑ Other (specify)
❑ Highway
6. WAGE DECISION NO. (include modification number, if any) 7. WAGE DECISION EFFECTIVE DATE
❑ COPY ATTACHED
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9. PRIME CONTRACTOR (name, address) 10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE (name, address)
Check'rAll`That'A " I
❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
❑ The proposed classification is utilized in the area by the construction industry.
❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the
wage decision.
❑ The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
❑ Supporting documentation attached, including applicable wage decision.
CFi&WO'riec
❑ Approved, meets all criteria. DOL confirmation requested.
❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.
FOR HUD USE ONLY
LR2000:
Agency Representative Date
(Typed name and signature) _ Log in:
Log out:
Phone Number
HUD-0230A(603) PREVIOUS EDITION IS OBSOLETE
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The Obidder, ❑proposed sub-contractor, hereby certifies that he/she ❑has, ❑has not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she ❑has, ❑has not, filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: ContractAward: $
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under
are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-17(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by'
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or
c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
2. Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally-assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
"NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID"
§7106. Any public works contract of a public entity shall include an affidavit, in the following form:
State of California )
County of ) ss.
being first duly swom, deposes and says that, he or she is
of , 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."
Project Name: Project Number:
Company:
Address:
Signature:
Title:
Date:
SWORN TO AND SUBSCRIBED TO BEFORE ME
This day of 20
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/s/ Notary Public:
My Commission Expires:
r
CONTRACTING WITH SMALL BUSINESS
MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE
AND LABOR SURPLUS AREA FIRMS
1. It is national policy to award a fair share of contracts to Small Business and Minority Firms.
Accordingly, affirmative steps must be taken to assure that Small Business and Minority
Firms are utilized, when possible, as sources of supplies, equipment, construction and
services. Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists.
b. Assuring that Small Business and Minority Firms are solicited whenever they are
potential sources.
C. When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum Small Business and Minority Firm participation.
d. Where the requirement permits, establishing delivery schedules which will encourage
participation by Small Business and Minority Firms.
e. Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce, as required.
f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women's Business
Enterprises.
3. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
FEDERAL LOBBYIST CERTIFICATION
Name of Firm:
Address:
State: Zip Code: Telephone Number: ( )
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S.
Department of Housing and Urban Development and the Community Development Commission, County of Los
Angeles.
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of and Federal grant, loan or
cooperative agreement, and any extension, continuation, renewal, amendment, or modification
thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer oremployee or any agency, a Memberof Congress
an officer or employee of Congress or an employee of a Member of Congress in connection with
this
Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions, and;
3) The above name firm shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction
imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
By:
(Con=tor/Subconhactor) (Sipan
(Date) (Title)
•
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
REQUIREMENTS
1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the
contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractorwill take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall. include, but not
be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
C. The contractorwill send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice to be provided, advising the said labor union or
workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his/her books, records, and accounts by the administering agency and the
Secretary of Laborfor purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
f. In the event of the contractor's noncompliance with the nondiscrimination
clause of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole, or in
part, and the contractor may be declared ineligible for further government
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contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
g. The contractorwill include the provisions of Paragraph 1 a through 1g in every
subcontract or purchase order unless exempted by rule, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause
and the Standard Federal Equal Employment Specifications set forth herein.
b. The goals and timetables for minority and female participation, expressed in
percentage terms for the contractor's aggregated work force in each trade on
all construction work in the covered area, are as follows:
Goals for Minority Goals for Female
Participation for Participation in
Timetables Each Trade Each Trade
28.3% 6.9%
These goals are applicable to all the contractor's construction work (whether
or not it is Federal or federally assisted) performed in the covered area. If the
contractor performs construction work in a geographical area located outside
of the covered area, it shall apply the goals established for such geographical
area where the work is actually performed. With regard to this second area,
the contractor also is subject to the goals for both its federally involved and
non-federally involved construction.
The contractor's compliance with the Executive Order and the regulations in
41 CFR Part 60-4 shall be based on its implementation of the Equal
Opportunity Clause, specific affirmation action obligations required by the
specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the
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goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract and in each trade,
and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from contractor to contractor or from project to project
for the sole purpose of meeting the contractor's goals shall be a violation of
the contract, the Executive Order, and the regulations of 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
C. The contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within ten (10) working days of
award of any construction subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this solicitation. The
notification shall list the name, address, and telephone number of the
subcontractor; employer identification number of the subcontractor; estimated
dollaramount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be
performed.
d. As used in this notice, and in the contract resulting from this solicitation, the
covered area is the Standard Metropolitan Statistical Area of Los Angeles-
Long Beach, specifically the County of Los Angeles, State of California.
3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order
11246).
a. As used in these specifications:
(1) Covered area means the geographical area described in the
solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, or any person to whom
the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social
Security Number used on the Employer's Quarterly Federal Tax
Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central
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or South American or other Spanish culture or origin,
regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of
the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins
in any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and
participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include
in each subcontract in excess of $10,000 the provisions of these
specifications and the notice which contains the applicable goals for minority
and female participation and which is set forth in the solicitations from which
this contract resulted.
C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a
Hometown Plan approved by the United States Department of Labor in the
covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and time
tables) shall be in accordance with that Plan for those trades which have
unions participating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such
Hometown Plan. Each contractor or subcontractor participating in an
approved Plan is individually required to comply with its obligations under the
EEO Clause, and to make a good faith effort to achieve each goal under the
Plan in each trade in which it has employees. The overall good faith
performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor's or subcontractor's
failure to take good faith efforts to achieve the Plan goals and timetables.
d. The contractor shall implement the specific affirmative action standards
provided in paragraphs 3g (1) through 3g (16) of these specifications. The
goals set forth in the solicitation from which this contract resulted are
expressed as percentages of the total hours of employment and training of
minority and female utilization the contractor should reasonable be able to
achieve in each construction trade in which it has employees in the covered
area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted
construction contract shall apply the minority and female goals established
for the geographical area where the work is being performed. Goals are
published periodically in the Federal Register in notice form, and such notices
may be obtained from any Office of Federal Contract Compliance Programs
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office or from Federal procurement contracting officers. The contractor is
expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure
by a union with whom the contractor has a collective bargaining agreement,
to refer either minority or women shall excuse the contractor's obligations
under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be
employed by the contractor during the training period, and the contractor
must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment
opportunities. Trainees must be trained pursuant to training programs
approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the contractor's compliance with
these specifications shall be based upon its effort to achieve maximum
results from its actions. The contractor shall document these efforts fully,
and shall implement affirmative action steps at least as extensive as the
following:
(1) Ensure and maintain working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
contractor's employees are assigned to work. The contractor, where
possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen,
superintendents, and otheron-site supervisory personnel are aware of
and carry out the contractor's obligation to maintain such a working
environment, with specific attention to minority or female individuals
working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and female
recruitment sources and to community organizations when the
contractor or its unions have employment opportunities available, and
maintain a record of the organization's responses.
(3) Maintain a current file of the name, address, and telephone numbers
of each minority and female off-the-street applicant and minority or
female referral from a union, a recruitment source, or community
organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for
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referral and was not referred back to the contractor by the union or, if
referred, not employed by the contractor, this shall be documented in
the file with the reason therefore, along with whatever additional
actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union
or unions with which the contractor has a collective bargaining
agreement has not referred to the contractor a minority person or
woman sent by the contractor, or when the contractor has other
information that the union referral process has impeded the
contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The
contractor shall provide notice of these programs to the sources
compiled under 3g (2) above.
(6) Disseminate the contractor's EEO policy by providing notice of the
policy to unions and training programs and requesting their
cooperation in assisting the contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel
and with all minority and female employees at least once a year; and
by posting the company EEO policy on bulletin boards accessible to
all employees at each location where construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees
having any responsibility for hiring, assignment, layoff, termination or
other employment decisions including specific review of these items
with on- site supervisory personnel such as Superintendents, General
Foremen, etc., prior to the initiation of construction work at any job
site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
(8) Disseminate the contractor's EEO policy externally by including it in
any advertising in the news media, specifically including minority and
female news media, and providing written notification to and
discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing
business.
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i
(9) Direct its recruitment efforts, both oral and written, to minority, female,
and community organizations; to schools with minority and female
students; and to minority and female recruitment and training
organizations serving the contractor's recruitment area and
employment needs. Not later than one month prior to the date for the
acceptance of applications for apprenticeship or other training by any
recruitment sources, the contractor shall send written notification to
organizations such as the above, describing the opening, screening
procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer, and vacation employment to minority and female
youth, both on the site and in other areas of a contractor's work force.
(11) Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on
Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments,
and other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment-related activities
to ensure that the EEO policy and the contractor's obligations under
these specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to
and performance under the contractor's EEO policies and affirmative
action obligations.
h. Contractors are encouraged to participate in voluntary associations which
assist in fulfilling one or more of their affirmative action obligations 3g(1)
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through (16). The efforts of a contractor association, joint contractor-union,
contractor-community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling any one or more of its
obligations under 3g(1) though (16) of these specifications provided that the
contractor actively participates in the group, makes every effort to ensure that
the group has a positive impact on the employment of minorities and women
in the industry, ensures that the concrete benefits of the program are
reflected in the contractor's minority and female work force participation,
makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply, however,
is the contractor's, and failure of such a group to fulfill an obligation shall not
be a defense for the contractor's noncompliance.
I. A single goal for minorities and a separate single goal for women have been
established. The contractor, however, is required to provide equal
employment opportunity and to take affirmative action for all minority groups,
both male and female, and all women, both minority and non-minority.
Consequently, the contractor may be in violation of the Executive Order if a
particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women
generally, the contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action
standards to discriminate against any person because of race, color, religion,
sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
1. The contractor shall carry out such sanctions and penalties for violation of
these specifications and of the Equal Opportunity Clause, including
suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as
amended.
M. The contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative actions steps, at least as extensive as those
standards prescribed in Paragraph 3g of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the
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Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause
Notice).
n. The contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being
carried out, to be required by the Government and to keep records. Records
shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation, if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at
which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain
separate records.
o. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of compliance or
upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
P. The Director, from time to time, shall issue goals and timetables for minority
and female utilization which shall be based on appropriate work force,
demographic or other relevant data and which shall cover construction
projects or construction contracts performed in specific geographic areas.
The goals, which shall be applicable to each construction trade in a covered
contractor's or subcontractor's entire work force which is working in the area
covered by the goals and timetables, shall be published as notices in the
Federal Register, and shall be inserted by the contracting officers and
applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in
excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding
authority prior to contract award: Certification of Non-segregated Facilities
and Certification with Regard to the Performance of Previous Contracts or
Subcontracts Subject to the Equal Opportunity Clause and the Filing of
Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of
Federal Contract Compliance Programs, United States Department of Labor-
ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C.,
20210, within 10 working days of award of any subcontract in excess of
$10,000, listing the name, address, and telephone number of the
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subcontractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting date and completion dates of the subcontract;
and the geographical area in which the contract is to be performed.
C. Send a notice of the contractor's commitment to equal employment
opportunity to labor unions or representatives of workers prior to
commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place
available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal
Employment Opportunity requirements by including the provisions of
Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed,
forward the Monthly Employment Utilization Report (Form CC-257) to the
contract awarding authority by the end of each work month. With the initial
monthly report, the contractor/subcontractor shall attach the Contractor's List
of Federal and Non-Federal Work in Bid Condition Area to the monthly report.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no
person shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974. No person in the United States on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in whole or in part with funds
made available under this title.
7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall,
on the basis of age, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal
financial assistance.
8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps
in the United States shall, solely by reason of his or her handicap, be excluded from
the participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal assistance.
10
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work covered appropriate), a report of the action taken shall be sent by HUD or
by this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division,
America and the following Federal Labor Standards Provisions Employment Standards Administration, U.S. Department of La-
are included in this Contract pursuant to the provisions applicable bor, Washington, D.C. 20210. The Administrator, or an authorized
to such Federal assistance. representative, will approve, modify, or disapprove every additional
A. 1. (i) Minimum Wages. All laborers and mechanics em- classification action within 30 days of receipt and so advise HUD
ployed or working upon the site of the work will be paid uncondi- or its designee or will notify HUD or its designee within the 30-day
tionally and not less often than once a week, and without subse- period that additional time is necessary. (Approved by the Office
quent deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215-
deductions as are permitted by regulations issued by the Secre- 0140.)
tary of Labor under the Copeland Act (29 CFR Part 3), the full (c) In the event the contractor, the laborers or mechanics to be
amount of wages and bona fide fringe benefits (or cash equiva- employed in the classification or their representatives, and HUD
lents thereof) due at time of payment computed at rates not less or its designee do not agree on the proposed classification and
than those contained in the wage determination of the Secretary wage rate (including the amount designated for fringe benefits,
of Labor which is attached hereto and made a part hereof, re- where appropriate), HUD or its designee shall referthe questions,
gardless of any contractual relationship which may be alleged to including the views of all interested parties and the recommenda-
exist between the contractor and such laborers and mechanics. lion of HUD or its designee, to the Administrator for determina-
Contributions made or costs reasonably anticipated for bona fide tion. The Administrator, or an authorized representative, will is- -
fringe benefits under Section I(b)(2) of the Davis-Bacon Act on sue a determination within 30 days of receipt and so advise HUD
behalf of laborers or mechanics are considered wages paid to or its designee orwill notify HUD or its designee within the 30-day
such laborers or mechanics, subject to the provisions of 29 CFR period that additional time is necessary. (Approved by the Office
5.5(a)(1)(iv); also, regular contributions made or costs incurred of Management and Budget under OMB Control Number 1215-
for more than a weekly period (but not less often than quarterly) 0140.)
under plans, funds, or programs, which cover the particular weekly (d) The wage rate (including fringe benefits where appropriate)
period, are deemed to be constructively made or incurred during determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para-
such weekly period. graph, shall be paid to all workers performing work in the classifi-
Such laborers and mechanics shall be paid the appropriate wage cation under this contract from the first day on which work is per-
rate and fringe benefits on the wage determination for the classi- formed in the classification.
fication of work actually performed, without regard to skill, except (fit) Whenever the minimum wage rate prescribed in the contract
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- for a class of laborers or mechanics includes a fringe benefit which
forming work in more than one classification may be compensated is not expressed as an hourly rate, the contractor shall either pay
at the rate specified for each classification for the time actually the benefit as stated in the wage determination or shall pay an-
worked therein: Provided, That the employer's payroll records other bona fide fringe benefit or an hourly cash equivalent thereof.
accurately set forth the time spent in each classification in which
work is performed. The wage determination (including any addi- (iv) If the contractor does not make payments to a trustee or
tional classification and wage rates conformed under 29 CFR other third person, the contractor may consider as part of the
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted wages of any laborer or mechanic the amount of any costs rea-
at all times by the contractor and its subcontractors at the site of sonably anticipated in providing bona fide fringe benefits under a
the work in a prominent and accessible, place where it can be plan or program, Provided, That the Secretary of Labor has found,
easily seen by the workers. upon the written request of the contractor, that the applicable stan-
dards of the Davis-Bacon Act have been met. The Secretary of
(it) (a) Any class of laborers or mechanics which is not listed in Labor may require the contractor to set aside in a separate ac-
the wage determination and which is to be employed under the count assets for the meeting of obligations under the plan or pro-
contract shall be classified in conformance with the wage deter- gram. (Approved by the Office of Management and Budget under
mination. HUD shall approve an additional classification and wage OMB Control Number 1215-0140.)
rate and fringe benefits therefor only when the following criteria
have been met: 2. Withholding. HUD orits designee shall upon its own action or
(7) The work to be performed by the classification requested is upon written request of an authorized representative of the De-
partment of Labor withhold or cause to be withheld from the con-
not performed by a classification in the wage determination; and tractor under this contract or any other Federal contract with the
(2) The classification is utilized in the area by the construction same prime contractor, or any other Federally-assisted contract
industry; and subject to Davis-Bacon prevailing wage requirements, which is
(3) The proposed wage rate, including any bona fide fringe ben- held by the same prime contractor so much of the accrued pay-
efits, bears a reasonable relationship to the wage rates contained ments or advances as may be considered necessary to pay la-
in the wage determination. borers and mechanics, including apprentices, trainees and help-
(b) If the contractor and the laborers and mechanics to be em- ers, employed by the contractor or any subcontractor the full
ployed in the classification (if known), or their representatives, amount of wages required by the contract. In the event of failure
and HUD or its designee agree on the classification and wage to pay any laborer or mechanic, including any apprentice, trainee
rate (including the amount designated for fringe benefits where or helper, employed or working on the site of the work, all or part
form HUD-4010 (07/2003)
Previous edition is obsolete Page 1 of 4 ref. Handbook 1344.1
of the wages required by the contract, HUD or its designee may, period has been paid the full weekly wages earned, without re-
after written notice to the contractor, sponsor, applicant, or owner, bate, either directly or indirectly, and that no deductions have been
take such action as may be necessary to cause the suspension made either directly or indirectly from the full wages earned, other
of any further payment, advance, or guarantee of funds until such than permissible deductions as set forth in 29 CFR Part 3;
violations have ceased. HUD or its designee may, after written (3) That each laborer or mechanic has been paid not less than
notice to the contractor, disburse such amounts withheld for and the applicable wage rates and fringe benefits or cash equivalents
on account of the contractor or subcontractor to the respective for the classification of work performed, as specified in the appli-
employees to whom they are due. The Comptroller General shall cable wage determination incorporated into the contract.
make such disbursements in the case of direct Davis-Bacon Act (c) The weekly submission of a properly executed certification
contracts. set forth on the reverse side of Optional Form WH-347 shall sat-
3. (1) Payrolls and basic records. Payrolls and basic records isfy the requirement for submission of the "Statement of Compli-
relating thereto shall be maintained by the contractor during the ance" required by subparagraph A.3.(ii)(b).
course of the work preserved for a period of three years thereaf-
ter (d) The falsification of any of the above certifications may subject
for all laborers and mechanics working at the site of the work. the contractor t subcontractor to civil r criminal prosecution
Such records shall contain the name, address, and social secu- under Section 1001 of Title 18 and Section 231 of Title 31 of the
rity number of each such worker, his or her correct classification, United States Code.
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof (iii) The contractor or subcontractor shall make the records re-
of the types described in Section I(b)(2)(B) of the Davis-bacon quired under subparagraph A.3.(i) available for inspection, copy-
Act), daily and weekly number of hours worked, deductions made ing, or transcription by authorized representatives of HUD or its
and actual wages paid. Whenever the Secretary of Labor has designee or the Department of Labor, and shall permit such rep-
found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any laborer or resentatives to interview employees during working hours on the
mechanic include the amount of any costs reasonably anticipated job. If the contractor or subcontractor fails to submit the required
in providing benefits under a plan or program described in Sec- records or to make them available, HUD or its designee may, after
tion I(b)(2)(B) of the Davis-Bacon Act, the contractor shall main- written notice to the contractor, sponsor, applicant or owner, take
tain records which show that the commitment to'provide such such action as may be necessary to cause the suspension of any
benefits is enforceable, that the plan or program is financially re- further payment, advance, or guarantee of funds. Furthermore,
sponsible, and that the plan or program has been communicated failure to submit the required records upon request or to make
in writing to the laborers or mechanics affected, and records which such records available may be grounds for debarment action pur-
show the costs anticipated or the actual cost incurred in providing suant to 29 CFR 5.12. -
such benefits. Contractors employing apprentices or trainees 4. Apprentices and Trainees.
under approved programs shall maintain written evidence of the (1) Apprentices. Apprentices will be permitted to work at less
registration of apprenticeship programs and certification of trainee than the predetermined rate for the work they performed when
programs, the registration of the apprentices and trainees, and they are employed pursuant to and individually registered in a
the ratios and wage rates prescribed in the applicable programs. bona fide apprenticeship program registered with the U.S. De-
(Approved by the Office of Management and Budget under OMB partment of Labor, Employment and Training Administration, Of-
Control Numbers 1215-0140 and 1215-0017.) fice of Apprenticeship Training, Employer and Labor Services, or
(ii) (a) The contractor shall submit weekly for each week in which with a State Apprenticeship Agency recognized by the Office, or if
any contract work is performed a copy of all payrolls to HUD or its a person is employed in his or her first 90 days of probationary
designee if the agency is a party to the contract, but if the agency employment as an apprentice in such an apprenticeship program,
is not such a party, the contractor will submit the payrolls to the who is not individually registered in the program, but who has
applicant sponsor, or owner, as the case may be, for transmission been certified by the Office of Apprenticeship Training, Employer
to HUD or its designee. The payrolls submitted shall set out ac- and Labor Services or a State Apprenticeship Agency (where
curately and completely all of the information required to be main- appropriate) to be eligible for probationary employment as an
tained under 29 CFR 5.5(a)(3)(i). This information may be submit- apprentice. The allowable ratio of apprentices to journeymen on
ted in any form desired. Optional Form WH-347 is available for the job site in any craft classification shall not be greater than the
this purpose and may be purchased from the Superintendent of ratio permitted to the contractor as to the entire work force under
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- the registered program. Any worker listed on a payroll at an ap-
ernment Printing Office, Washington, DC 20402. The prime con- prentice wage rate, who is not registered or otherwise employed
tractor is responsible for the submission of copies of payrolls by as stated above, shall be paid not less than the applicable wage
all subcontractors. (Approved by the Office of Management and rate on the wage determination for the classification of work actu-
Budget under OMB Control Number 1215-0149.) ally performed. In addition, any apprentice performing work on
(b) Each payroll submitted shall be accompanied by a "State- the job site in excess of the ratio permitted under the registered
ment of Compliance;'signed by the contractor or subcontractor or program shall be paid not less than the applicable wage rate on
his or her agent who pays or supervises the payment of the per- the wage determination for the work actually performed. Where a
sons employed under the contract and shall certify the following'. contractor is performing construction on a project in a locality other
(1) That the payroll for the payroll period contains the information than that in which its program is registered, the ratios and wage
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that rates (expressed in percentages of the journeyman's hourly rate)
such information is correct and complete; specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less
(2) That each laborer or mechanic (including each helper, ap- than the rate specified in the registered program for the
prentice, and trainee) employed on the contract during the payroll apprentice's level of progress, expressed as a percentage of the
form HUD-4010 (07/2003)
Previous edition is obsolete Page 2 of 4 ref. Handbook 1344.1
journeymen hourly rate specified in the applicable wage determi- 7. Contract termination; debarment. A breach of the contract
nation. Apprentices shall be paid fringe benefits in accordance clauses in 29 CFR 5.5 may be grounds for termination of the con-
with the provisions of the apprenticeship program. If the appren- tract and for debarment as a contractor and a subcontractor as
ticeship program does not specify fringe benefits, apprentices must provided in 29 CFR 5.12.
be paid the full amount of fringe benefits listed on the wage deter- 8, Compliancewith Davis-Bacon and Related Act Requirements.
mination for the applicable classification. If the Administrator de- All rulings and interpretations of the Davis-Bacon and Related
termines that a different practice prevails for the applicable ap- Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpo-
prentice classification, fringes shall be paid in accordance with rated by reference in this contract
that determination. In the event the Office of Apprenticeship Train- g Disputes concerning labor standards. Disputes arising out
ing, Employer and Labor Services, or a State Apprenticeship of the labor standards provisions of this contract shall not be sub-
Agency recognized by the Office, withdraws approval of an ap- ject to the general disputes clause of this contract. Such disputes
prenticeship program, the contractor will no longer be permitted shall be resolved in accordance with the procedures of the De-
to utilize apprentices at less than the applicable predetermined partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
rate for the work performed until an acceptable program is ap- within the meaning of this clause include disputes between the
proved. contractor (or any of its subcontractors) and HUD or its designee,
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will the U.S. Department of Labor, or the employees or their repre-
not be permitted to work at less than the predetermined rate for sentatives.
the work performed unless they are employed pursuant to and 10. (1) Certification of Eligibility. By entering into this contract
individually registered in a program which has received prior ap- the contractor certifies that neither it (nor he or she) nor any per-
proval, evidenced by formal certification by the U.S. Department son or firm who has an interest in the contractor's firm is a person
of Labor, Employment and Training Administration. The ratio of or firm ineligible to be awarded Government contracts by virtue of
trainees to journeymen on the job site shall not be greater than Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
permitted under the plan approved by the Employment and Train- awarded HUD contracts or participate in HUD programs pursuant
ing Administration. Every trainee must be paid at not less than to 24 CFR Part 24.
the rate specified in, the approved program for the trainee's level
of progress, expressed as a percentage of the journeyman hourly (if) No part of this contract shall be subcontracted to any person
rate specified in the applicable wage determination. Trainees shall or firm ineligible for award of a Government contract by virtue of
be paid fringe benefits in accordance with the provisions of the Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
trainee program. If the trainee program does not mention fringe awarded HUD contracts or participate in HUD programs pursuant
benefits, trainees shall be paid the full amount of fringe benefits to 24 CFR Part 24.
listed on the wage determination unless the Administrator of the (III) The penalty for making false statements is prescribed in the
Wage and Hour Division determines that there is an apprentice- U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
ship program associated with the corresponding journeyman wage Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
rate on the wage determination which provides for less than full tration transactions", provides in part: "Whoever, for the purpose
fringe benefits for apprentices. Any employee listed on the pay- of influencing in any way the action of such Administration.....
roll at a trainee rate who is not registered and participating in a makes, utters or publishes any statement knowing the same to be
training plan approved by the Employment and Training Adminis- false..... shall be fined not more than $5,000 or imprisoned not
tration shall be paid not less than the applicable wage rate on the more than two years, or both"
wage determination for the work actually performed. In addition, 11, Complaints, Proceedings, or Testimony by Employees.
any trainee performing work on the job site in excess of the ratio No laborer or mechanic to whom the wage, salary, or other labor
permitted under the registered program shall be paid not less than standards provisions of this Contract are applicable shall be dis-
the applicable wage rate on the wage determination for the work charged or in any other manner discriminated against by the Con-
actually performed. In the event the Employment and Training tractor or any subcontractor because such employee has filed any
Administration withdraws approval of a training program, the con- complaint or instituted or caused to be instituted any proceeding
tractor will no longer be permitted to utilize trainees at less than or has testified or is about to testify in any proceeding under or
the applicable predetermined rate for the work performed until an relating to the labor standards applicable under this Contract to
acceptable program is approved. his employer.
(III) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under 29 CFR Part 5 shall be in B. Contract Work Hours and Safety Standards Act. The provi-
conformity with the equal employment opportunity requirements sions of this paragraph B are applicable only where the amount of
of Executive Order 11246, as amended, and 29 CFR Part 30. the prime contract exceeds $100,000. As used in this paragraph, the
5. Compliance with Copeland Act requirements. The contrac- terms "laborers" and "mechanics" include watchmen and guards.
for shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in this contract (1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or involve
6. Subcontracts. The contractor or subcontractor will insert in the employment of laborers or mechanics shall require or permit any
any subcontracts the clauses contained in subparagraphs 1 such laborer or mechanic in any workweek in which he or she is
through 11 of this paragraph A and such other clauses as HUD or employed on such work to work in excess of 40 hours in such work-
its designee may by appropriate instructions require, and a copy week unless such laborer or mechanic receives compensation at a
of the applicable prevailing wage decision, and also a clause re- rate not less than one and one-half times the basic rate of pay for all
quiring the subcontractors to include these clauses in any lower hours worked in excess of 40 hours in such workweek.
tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor (2) Violation; liability for unpaid wages; liquidated damages.
with all the contract clauses in this paragraph. In the event of any violation of the clause set forth in subpara-
form HUD-4010 (07/2003)
Previous edition is obsolete Page 3 of 4 ref. Handbook 1344.1
0 0
graph (1) of this paragraph, the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shall insert
responsible therefor shall be liable for the unpaid wages. In addi- in any subcontracts the clauses set forth in subparagraph (1)
tion, such contractor and subcontractor shall be liable to the United through (4) of this paragraph and also a clause requiring the sub-
States (in the case of work done under contract for the District of contractors to include these clauses in any lower tier subcontracts.
Columbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any
liquidated damages. Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth
with respect to each individual laborer or mechanic, including in subparagraphs (1) through (4) of this paragraph.
watchmen and guards, employed in violation of the clause set C. Health and Safety. The provisions of this paragraph C are ap-
forth in subparagraph (1) of this paragraph, in the sum of $10 for plicable only where the amount of the prime contract exceeds
each calendar day on which such individual was required or permit- $100,000.
ted to work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround-
payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazard-
sub paragraph (1) of this paragraph. ous, or dangerous to his health and safety as determined under
(3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec-
HUD or its designee shall upon its own action or upon written retary of Labor by regulation.
request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the
bor withhold or cause to be withheld, from any moneys payable Secretary of Labor pursuant to Title 29 Part 1926 and failure to
on account of work performed by the contractor or subcontractor comply may result in imposition of sanctions pursuant to the Con-
under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act, 40 USC 3701 et sea.
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this para-
which is held by the same prime contractor such sums as may be graph in every subcontract so that such provisions will be
determined to be necessary to satisfy any liabilities of such con- binding on each subcontractor. The Contractor shall take such
tractor or subcontractor for unpaid wages and liquidated damages action with respect to any subcontract as the Secretary of
as provided in the clause set forth in subparagraph (2) of this Housing and Urban Development or the Secretary of Labor
paragraph. shall direct as a means of enforcing such provisions.
form HUD-4010 (07/2003)
Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
r4 r x ~ ~ r
r~F
{;rM~ ~ +^GENERAL^PROVISIONS
Standard Specifications. The Work hereunder shall be done in accordance with the
Standard Specifications for Public Works Construction ("Greenbook"), 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
PART 1 - GENERAL PROVISIONS
SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 DEFINITIONS
Wherever in the Standard Specifications or other Contract Documents the following
terms are used, they shall mean the following:
Agency - The CITY OF ROSEMEAD
Bid Guaranty - As defined in the Standard Specifications. Also referred to as the
"Bid Security" in the Contract Documents.
Bid Security - The Bid Guaranty, as defined herein.
Board - The City Council of the CITY OF ROSEMEAD.
City - The CITY OF ROSEMEAD
City's Representative - The Engineer, as defined herein.
Contract - The written agreement (Contract form) between the City and the
Contractor for the complete and adequate completion of the Work for the Project.
The Contract consists of the Contract Documents. The documents comprising the
Contract are complementary, and each obligation of the Contractor, Subcontractors
and material or equipment suppliers in any one document shall be binding as if
specified in all. The Contract is intended to include all items required forthe proper
execution and completion of the Work.
Contract Documents - In addition to the documents noted in the definition of
Contract Documents in the Standard Specifications, all documents incorporated by
reference into the Contract form.
Contract 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. It is also
sometimes referred to as the "Total Bid Price" in the Contract Documents.
Contractor's Representative - Contractor's executive representative who shall be
present on the Project Site at all times that any Work is in progress and who shall
have the authority to act on behalf of the Contractor for all purposes under the
GENERAL PROVISIONS - 2
•
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 project consists in the construction of a left turn pocket, installation of median rocks,
new landscape and irrigation system 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
0
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
at its expense."
GENERAL PROVISIONS - 6
2-9 SURVEYING.
2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be
amended to include the following:
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)
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.
GENERAL PROVISIONS - 7
•
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
0
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 underthe 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 24 percent (includes bonding)
2) Materials 15 percent
3) Equipment rental 15 percent
4) Other items and expenditures 15 percent
5) Subcontracts (1 st tier only) 5 percent
6) Lower tier subcontractors 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, aswell 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."
4-1.9 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 orfranchises 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 datesforall 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 Ownerto 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
underthe 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:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools"
Contractor shall not perform any work prior 9:00 am on Westbound and 3:00
pm on Eastbound which includes traffic control. 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:"
"7-2.2.1 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 sec.
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 Contractors 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
whereat 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. 4". Street, Suite 200
Los Angeles, California 90013
Phone: (213) 576-6600; Fax: (213) 576-6640
Internet Address: http://www.swrcb.ca.gov/--rwgcb4
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 SW PPP.
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
0
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
SW PPP 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 deploythese
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 SW PPP 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
underthis 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 SW PPP. 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 mayor 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 entiretyto 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 Contractforthe
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 anyjudgment, 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 seg."
"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 forthe purposes of this Section shall be in the form provided by the City."
"The Contractor shall submit with each invoice the Contractor's conditional waiverof
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
GENERAL PROVISIONS - 40
SUPPLEMENTARY GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The work will consist of AC reconstruction, concrete work, and all appurtenant
work as shown on the plans and as specified herein.
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 altemate 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 3:30 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
• 0
10-3 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.
10-4 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. Necessary permit and fee schedule and water meter
shall be obtained from the Arcadia water Division.
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
SUPPLEMENTARY GCs-4
with the requirements specified herein below. This submittal shall be made
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
All survey monuments, centerline ties and survey reference points shall be
protected in place or re-established where disturbed in accordance with section
SUPPLEMENTARY GCs-5
8771 of the Land Surveyors Act, prior to project acceptance. This work will be
the responsibility of the contractor and shall be at the contractor's expense.
10-12 CLEAN-UP
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
event of failure to so remove, the same may be removed and disposed of
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.
SUPPLEMENTARY GCs-6
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
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
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
T t - { b` vw :T
n
,f1PART B ,
:TECHNICAL' PROVISIONS
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 a
manner that assures all permanent facilities and improvements, as well as temporary
improvements which remain during the life of this contract, are not subject to vertical
settlement or horizontal movement. The Contractor 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.
TP-1
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.
TP-2
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. (If required)
H. Removing, relocating and replacing all sprinkler lines, heads, valves, and other
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 in kind 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 including a water truck during the paving operation and for restoring
areas where asphalt oil was spilled.
N. Coordinating the construction with all utility companies.
TP-3
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. Storing construction equipment and materials.
Q. Providing enclosed toilets.
R. Removing, replacing and adjusting to grade any utility pullbox (water meter, gas
meter, etc.) affected by the construction of sidewalk, driveway, curb and gutter and others.
S. Replacing in kind existing PCC catch basin lid located at the east end of the Cul de
Sac as indicated on the plans.
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.
TP-4
SECTION 4 - EARTHWORK, ROADWAY EXCAVATION AND FILL
4.01 General. Earthwork, subgrade preparation, and finishing roadway shall conform to
the applicable requirements of Section 300, "Earthwork" and other pertinent sections of the
Standard Specifications for the various items involved and the following requirements.
The Contractor shall protect all work from inclement weather at all times. In the event of
any storm during construction, the Contractor shall provide means to divert runoff water
carrying silts, debris, etc., from entering the storm drain system as required by the Clean
Water Act and the NPDES as indicated in the general provisions of this specifications.
4.02 Subgrade Preparation. Subgrade preparation shall conform to the provisions of
Section 301, "Treated Soil, Subgrade Preparation, and Placement of Base Material" of the
Standard Specifications. Subgrade shall be compacted as specified in Section 301-2.3,
"Relative Compaction" of the Standard Specifications. Finished subgrades shall not
deviate more than 0.02 feet from the theoretical grading plane.
4.03 Unsuitable Material. To the best of the Engineer's knowledge, no unsuitable material
will be encountered below the grading plane on this project. However, should unsuitable
material be encountered, it shall be removed and replace with select material from the site
at the direction of the Engineer.
4.04 Fill. Fill shall be placed in lifts compatible with the type of compaction equipment
used but no greater than 8 inches in thickness, and shall be compacted to a minimum
relative compaction of 95 percent relative compaction as specified in Section 301-1.3 of the
Standard Specifications. Each fill lift shall be treated in a similar manner. Subsequent lifts
shall not be placed until the preceding lift has been approved by the Engineer. Fill soils
shall consist of excavated onsite soil or imported soil approved by the soils engineer. All
organic or deleterious material shall be removed from the fill material prior to placement
and compaction. All imported fill shall be granular and non-expansive or of low expansion
potential (plasticity index less that 15%). Rocks, asphalt concrete, and Portland cement
concrete larger than 4 inches in diameter shall not be used unless they are sufficiently
broken down.
4.05 Safety Precautions. All excavation shall be performed, protected, sheeted, shored,
braced, and otherwise supported as required for safety and in the manner set forth in the
operation rules, orders, and regulations prescribed by the Division of Industrial Safety of
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the State of California. Barriers shall be placed in such locations as necessary along
excavations to warn all pedestrian and vehicular traffic of such excavations.
4.06 De-Watering. The Contractor shall provide and maintain at all times during
construction, ample means and devices to promptly dispose of all water from any source
entering structural excavation, conduit trenches, or other excavations. De-watering shall be
accomplished by methods which will insure a dry excavation, the preservation of final
grades, and proper soil conditions.
4.07 Disposal of Excess Excavated Material. All excess excavated material shall become
the property of the Contractor and shall be removed from the site and disposed of by the
Contractor at no expense to the City.
4.08 Payment. Payment for Earthwork, Roadway Excavation and Fill shall be included in
the lump sum price under Bid Item No. 4. Payment of the lump sum bid shall include full
compensation for furnishing all labor, materials, tools, equipment, dump fees, and
incidentals and doing all the work involved as specified herein and as directed by the
Engineer.
SECTION 5 - COMPACTED SELECTED FILL
5.01 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.
5.02. 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 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 302-1 "Cold Milling Asphalt Concrete Pavement"
of the Standard Specifications. Cold planing shall be as indicated on the plans.
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Contractor shall install temporary striping immediately after cold planning.
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. 5. The unit prices paid shall
include full compensation for furnishing all labor, material, tools, and equipment and doing
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 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 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 8 inches thick B (PG 64-10) base course and 1 inch thick D1
(PG 64-10) leveling course.
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.
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 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.
7.04 Payment. Payment for Asphalt Concrete Pavement and Patch will be made at the unit
price bid under Bid Item No. 6, 7 and 8. 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, Driveways & Cross Gutters. 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,
Standard Plans 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 95%
compacted native.
The Contractor shall remove and replace a minimum of a two-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. Payment for curb and gutter shall include the crushed miscellaneous base
under the curb and gutter and the two-foot space beyond the edge of the gutter for the
asphalt pavement. This shall also include the backfilled area of the curb and gutter removal
on the existing medians.
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.
Exposed roots within the subgrade area must be completely removed, voids backfilled and
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compacted prior to placement of new sidewalk.
8.05 Payment. Payment for Concrete Construction will be made at the unit price bids
under Bid Items No. 9, 10, and 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 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
labor, tools, material including slip-on cans, and equipment involved in raising covers to
grade as specified herein and as directed by the Engineer.
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SECTION 11- SIGNING, STRIPING AND PAVEMENT MARKERS
11.01 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
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 ('/z") 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.
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84-2 THERMOPLASTIC
Thermoplastic shall be used on all striping details, crosswalks, pavement markings,
diagonal lines and arrows only.
11.02 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 15. No additional compensation shall be made.
SECTION 12 - SURVEY WELL MONUMENT
12.01 General. Contractor shall install survey well monuments per City of Rosemead
Standard Plan No. S08-001 and reset centerlines ties as needed (tangent ties are required)
at all curb returns, etc. where centerline ties have been disturbed or are missing. Punch
centerline intersection "blank" monument domes in new well monuments. Preserve front
property corner. Contractor shall replace any front property corner disturbed by
construction. Record all survey record documents with Los Angeles County Department of
Public Works Survey Division where necessary or as directed by the engineer.
All survey work shall be done under the supervision of a Registered Land Surveyor or Civil
Engineer authorized to do land surveying in the State of California.
Monument cover, galvanized sleeve and domed concrete marker will be provided by
the City at no cost.
12.02 Payment. Payment for Well Survey Monument will be made at the unit price bid
under Bid Item No. 14. 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.
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SECTION 02230
SITE CLEARING
PART 1 GENERAL
1.1 SUMMARY
A. Section Includes:
1. Removal and disposal of vegetation, grass, grass roots, weed growth, vines, tree roots,
brush, masonry, metal, signs, rubbish, debris and other objectionable materials,
within limits of the Work.
2. Removal and disposal of concrete and bituminous surfaces.
B. Related Section:
1. Section 02900 - Landscaping
1.2 SUBMITTALS
A. Shop Drawings: Submit site plan indicating extent of site clearing.
1.3 QUALITY ASSURANCE
A. Comply with Standard Specifications for Public Works Construction, current
edition, as a minimum requirement.
1.4 JOB CONDITIONS
A. Condition of Premises: Accept the premises as found and clear the Project
site as specified.
B. Protection: Protect from damage all items (fences, water valves, water
meters, guy wires, poles, etc) designated to remain as per plans. Replace at
Contractor's expense items damaged or destroyed with like items in sizes and
quantity of the damaged or destroyed material. Assessment of material value
shall be established by City of Rosemead's Representative
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C. Protect existing utilities.
D. Provide barricades and guards as required to protect trees and existing
improvements.
PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION
3.1 CONCRETE AND BITUMINOUS SURFACING REMOVAL
A. Break up and completely remove and dispose of existing concrete surfacing,
curbs, gutters, walks and bituminous surfacing to indicate limits. Protect in
place existing curbs, gutters, concrete block wall, footings, signs, poles, and
drainage structures. Cutting shall be performed to a neat and even line with
proper tools or a concrete cutting saw. Minimum depth of cut shall be 1-1/2
inches, unless otherwise indicated. Remove and dispose of concrete broken
beyond the indicated limits to the nearest joint or score line and replace with
new concrete to match existing.
1. No water used in saw cutting shall be allowed to enter the storm drain
system.
2. Refer to Section 02900: Landscaping for soil removal.
3.2 CLEARING AND GRUBBING OF LANDSCAPE
A. Clearing. Dispose of the vegetation designated for removal, together with the
brush and rubbish occurring within the construction limits.
B. Grubbing. Remove and dispose of all matted roots and all roots larger than 3
inches in diameter in all construction areas, in all cut areas and in all other
areas having less than 2 feet of fill.
C. Removal. All cleared and grubbed materials shall be promptly removed
completely away from the Project site. Do not store or permit debris to
accumulate on the Project site.
D. Do not burn materials or debris on the premises.
3.2 CLEANUP
A. Remove rubbish, debris and waste materials and legally dispose of off the
Project site.
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END OF SECTION 02230
SECTION 02810
LANDSCAPE IRRIGATION
PART 1 GENERAL
1.1 DESCRIPTION
A. The work required under this Section consists of furnishing all labor materials,
equipment, services and related items necessary to complete all irrigation
system work, and all related work, complete as indicated on the drawings or
specified herein.
B. The major items of work include, but are not limited to the following:
1. Verify underground utility locations.
2. Removal, protection and/or restoration of all existing improvements.
3. Trenching and backfilling.
4. Furnishing and installing a fully operational automatically controlled
irrigation system, including all mains, laterals, fittings, quick coupling
valves, gate valves, and drain valves, backflow preventer, etc.
5. Testing of system and making it operative.
1.2 RELATED WORK SPECIFIED IN OTHER SECTIONS
A. Section 02230 - Site Clearing
B. Section 02900 - Landscaping
C. Section 02920 -Maintenance
1.3 REFERENCE SPECIFICATIONS AND STANDARDS
A. City of Rosemead Plumbing Ordinance.
1.4 QUALITY ASSURANCE & REQUIREMENTS
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A. System Performance.
1. Minimum Water Coverage: Not less than 100 percent of shrub, ground
cover and planting areas.
B. Comply with requirements of utility supplying water for prevention of backflow
and backsiphonage.
C. Comply with requirements of authority with jurisdiction for irrigation systems.
D. Electrical wiring, controls, and devices shall be Underwriters Laboratories
listed, and labeled U.L.
E. Permits and Fees: The Contractor shall obtain and pay for any and all
permits, observations and inspections as required.
F. Manufacturer's Directions: Follow manufacturer's directions and detailed
drawings in all cases when the manufacturers of products used in this
contract furnish directions covering points not included in the drawings and
specifications.
G. Ordinances and Regulations: All local, municipal and state laws, and rules
and regulations governing or relating to any portion of this work are hereby
incorporated into and made a part of these specifications, and their provisions
shall be carried out by the Contractor. Anything contained in these
specifications shall not be construed as conflicting with any such rules and
regulations, or the requirements of the same. However, when these
specifications and drawings call for or describe materials, workmanship, or
construction of a better quality, higher standard, or larger size than is required
by the above-mentioned rules and regulations, the provisions of these
specifications and drawings shall take precedence.
H. Installer Qualifications: Installer with 5 years minimum experience who has
completed irrigation systems similar in material, design, and extent to that
indicated for Ramona Boulevard that has resulted in construction with a
record of successful in-service performance.
1. Explanation of Drawings.
1. Due to the scale of drawings, it is not possible to indicate all offsets,
fittings, sleeves, etc., which may be required. The Contractor shall
carefully investigate the structural and finish conditions affecting all of
this work and plan work accordingly, furnishing such offsets, fittings,
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•
sleeves, etc., as may be required to meet site conditions. Drawings
are generally diagrammatic and indicative of the work to be installed.
The Contractor shall install the work in such a manner as to avoid
conflicts between irrigation systems, planting, other utilities and
architectural features.
2. The term "City of Rosemead" as used herein refers to the City of
Rosemead authorized representative.
3. The Contractor shall furnish and install all work called for on the
drawings by notes or details whether or not specifically mentioned in
the specifications.
4. The Contractor shall not willfully install the irrigation system as shown
on the drawings when it is obvious in the field that obstructions, grade
differences, or discrepancies in area dimensions exist that might not
have been considered in engineering. Such obstructions or differences
shall be brought to the attention of the City of Rosemead. In the event
this notification is not performed, the irrigation contractor shall assume
the full responsibility for any revision necessary.
5. Do not purchase or install materials as noted in legend on drawing
when it is obvious there is an oversight or discrepancy. Failure to
obtain prior material approval may result in rejection by the City of
Rosemead. The Contractor will be responsible for any revisions
necessary due to his failure to bring material discrepancies to the
attention of City of Rosemead, or failure to comply with material
submittals.
6. The Contractor shall coordinate as necessary the work of this Section
which is allied with the work of other trades.
7. It is the intent of the drawings and specifications to describe a
complete irrigation system providing uniform water coverage. If the
plans or specifications appear in anyway to be incomplete, misleading,
conflicting, or subject to misinterpretation, it is the Contractor's
responsibility to bring these concerns to the City of Rosemead's
attention before bidding. If the Contractor fails to do so, the Contractor
must accept the City of Rosemead's interpretation and any potential
related financial impact that may occur.
1.5 SUBMITTALS
A. Material List.
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• !
1. The Contractor shall furnish the articles, equipment, materials, or
processes specified by name in the drawings and specifications.
Substitution is allowed only with prior written approval of the City of
Rosemead.
2. Within twenty (20) days after award of contract, the Contractor shall
submit complete manufacturer's technical data and installation
instructions material list to the City of Rosemead. The Contractor shall
commence no work before receiving a statement of acceptance of
irrigation material submittal. Material list shall include the manufacturer
name, model number and description of all proposed materials and
equipment.. Specific product data also includes pressure rating, rated
capacity, settings, and electrical data of selected models for the
following:
a. Backflow preventer, including test equipment and protective
enclosure
b. Pressure regulators and valves, including general-duty,
underground, manual and automatic control, check, and ball valves.
c. Valve box
d. Drippers, drip tubes, and devices
e. Wiring, solenoid, controller, and handset, including controller wiring
diagrams and controller protective enclosure
f. Pipe and fitting, including primer, solvent cement, and
tracer/warning tape
3. Equipment or materials installed or furnished without prior approval of
the City of Rosemead may be rejected and the Contractor required
removing such materials from the site at the Contractor's own expense.
4. Approval of any item, alternate, or substitute indicates only that the
product or products apparently meet the requirements of the drawings
and specifications on the basis of the information or samples
submitted.
5. Manufacturer's warranties shall not relieve the Contractor of his liability
under the guarantee. Such warranties shall only supplement the
guarantee.
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B. Record and As-Built Drawings.
1. The Contractor shall provide and maintain an up-to-date and complete
set of project record documents, in the form of a set of blueline and
blackline prints). These documents shall be updates daily and shall
show all changes from the original drawings and specifications, as well
as exact "as-built" locations, sizes and types of equipment. The
equipment is to include water meter, backflow preventers, valve boxes,
valves, piping, irrigation devices, accessories, controls, and wirings.
The Contractor shall keep this set of drawings on site and use them
only as a record set.
2. These drawings shall also serve as work progress prints and shall be
the basis for measurement and payment for work completed. Drawings
must be available at all times for site reviews, in a location designated
by the City of Rosemead. Should the record blueline or blackline
progress prints be unavailable for review or fail to be up-to-date at the
time of any site reviews, it will be assumed no work has been
completed and the Contractor will be assessed the cost of that site visit
at the current billing rate of the City of Rosemead. No other inspections
will take place until payment of that assessment.
3. The Contractor shall make neat and legible notations daily on the
record progress prints as the work proceeds, showing the work as
actually installed. Should equipment location differ from plan, the
Contractor must indicate the new location in a graphic manner,
matching the original symbols in the irrigation legend. The relocated
equipment and the dimensions will then be transferred to the original
as-built plan at the proper time.
4. Before the final site inspection, the Contractor shall transfer all
information from the as-built record prints to a final "as-built" plan. The
"as-built" plan shall be submitted to the City of Rosemead for approval
prior to the making of the controller chart.
5. The Contractor shall dimension the following locations from two
permanent points of reference (building corners, sidewalks, road
intersections, etc.):
a. Connection to existing water lines
b. Connection of all buried pipe
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C. Gate and ball valves
d. Pressure line routing and directional turns (dimension maximum
100 feet along routing).
e. Automatic controller
f. Irrigation control valves
g. Remote control valves
h. Control wire routing and pilot wires to valves
i. Backflow prevention units
j. Tracer wires (main line routing)
k. Irrigation water meters
1. Other related equipment as directed by the City of Rosemead.
6. On or before the date of the final site review, the Contractor shall
deliver the updated and completed reproducible drawings to the City of
Rosemead. Delivery of these drawings does not relieve the Contractor
of responsibility for furnishing any required information that may have
been omitted from the prints.
C. Controller Charts.
1. As-built record drawings must be approved by the City of Rosemead
before controller charts are prepared.
2. The Contractor shall provide two controller charts for each controller
installed.
3. The chart shall show control wire locations and the area controlled by
the automatic controller, and shall be the maximum size that the
controller door will allow.
4. The chart shall be based on the record drawing, and shall be a half
size photocopy or black line print. Chart shall have a different color
used to show area of coverage for each station (hydrozone). However,
in the event that the controller sequence is not legible when the
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drawing is reduced, it shall be enlarged to a size that will be readable
when reduced.
5. When completed and approved, hermetically seal the chart between
two pieces of plastic (thickness of each piece being minimum 20 mils).
Place a 3/4 inch brass grommet at each top corner.
6. These charts must be completed and approved prior to final
acceptance of the irrigation system. Installation will not be accepted
without charts.
7. Upon approval, the two controller charts will be placed inside each
controller.
D. Operation and Maintenance Manuals.
1. Prepare and deliver to the City of Rosemead within ten (10) calendar
days prior to completion of construction two hardcover, three-ring
binders containing all required and necessary descriptive material.
The manual shall describe the material installed and shall be in
sufficient detail to permit the operation personnel to understand,
operate and maintain all equipment. Each complete manual shall
include the following information:
a. Index sheet stating Contractor's address and telephone number
b. List of equipment with names, addresses, and telephone
numbers of local manufacturer representatives.
C. Catalog and parts sheets regarding all material and equipment
installed under this contract
d. Duration of guaranty period and warranty statement
e. Complete operating and maintenance instruction on all major
equipment
2. In addition to the above-mentioned maintenance manuals, instruct City
of Rosemead's maintenance personnel regarding operation of major
equipment and show written evidence to the City of Rosemead at the
conclusion of the project that this service has been rendered.
E. Permits and Inspections.
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1. Obtain and pay for all permits and inspections required. Deliver all
certifications of inspection to the City of Rosemead.
F. Make arrangements for water and electric utilities and pay for main
extensions, service piping, meters and any other charges imposed by the
serving utility companies, prior to rendering service.
G. Equipment to be Furnished.
1. The Contractor shall supply as part of this contract the following tools:
a. Two (2) sets of special tools required for removing,
disassembling and adjusting each type of valve supplied on this
project.
b. Two (2) five foot valve keys for operation of gate valves.
C. Two (2) keys for each automatic controller.
d. Handset and power supply for controller.
2. The Contractor shall turn over this equipment to City of Rosemead at
the conclusion of the project. Before final acceptance can occur,
written evidence that City of Rosemead has received materials must be
shown to the City of Rosemead.
1.6 PROJECT CONDITIONS
A. Perform site survey, research public utility records, and verify existing utility
locations. Verify that irrigation system piping may be installed in compliance
with referenced standards.
B. Site Information: Data on indicated subsurface conditions is not intended as
representations or warranties of continuity of such conditions. It is expressly
understood that City of Rosemead will not be responsible for interpretations
or conclusions drawn there from by Contractor. Data are made available for
convenience of Contractor and are not guaranteed to represent conditions
that may be encountered.
C. Utilities: Determine location of above grade and underground utilities and
perform work in a manner which will avoid damage. Hand excavate, if
required. Maintain grade stakes until removal is mutually agreed upon by
parties concerned.
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D. Coordinate with landscape contractor to activate system to provide for plants
needs during installation as required.
1.7 RESTRICTIONS TO THE WORK
A. Project on site with existing landscape, irrigation, and capital facilities.
B. It is required that the adjacent facility continue in normal operation during the
period of the contract. The Contractor shall, therefore, conduct his work with
a minimum of disturbance or interference, and in such a manner as not to
restrict or obstruct entrances, exits, walks and roads or disrupt electrical
service, water service, and other services or utilities to the existing facility.
The Contractor shall provide and maintain accepted temporary connections,
lines and services to the facility as directed.
C. Contractor shall be responsible to coordinate all work with the City of
Rosemead.
1.8 PRODUCT DELIVERY, STORAGE AND HANDLING
A. The Contractor is cautioned to exercise care in handling, loading, unloading,
and storing PVC pipe and fittings. Transport PVC pipe in a vehicle which
allows the length of pipe to lie flat, to avoid undue bending or concentrated
external load at any point. Any section of pipe that has been dented or
damaged must be discarded or, if installed, must be rep laced with new
piping.
B. The Contractor shall cover any pipe stored outdoors to protect it from
sunlight.
1.9 SUBSTITUTIONS
A. To request substitution of any equipment or material in lieu of equipment or
material listed on the irrigation drawings and in the specifications, the
Contractor must provide the following information to the City of Rosemead for
approval:
1. Statement indicating the reason for making the substitution, using a
separate sheet of paper for each requested substitution.
2. Descriptive catalog literature, performance charts (if available), and
flow charts for each requested substitution.
3. Hydraulic calculations for proposed substitution, as applicable.
TP-22
4. Itemized list of proposed substitution(s), noting difference in material
and labor costs between substitution and item originally specified.
5. Written confirmation that City of Rosemead has received any credit
resulting from approved substitution (with a copy sent to City of
Rosemead)
B. Approval of any substitution or alternate will be based on information and/or
samples provided by the Contractor.
C. Responsibility for the total performance of any substitution to equal or surpass
the item originally specified in every respect rests with the Contractor.
D. If the City of Rosemead determines the substitution has proven to be
unsatisfactory, it shall be removed and replaced with the originally specified
item as part of the work of this contract (both materials and labor).
E. The City of Rosemead shall be solely responsible for accepting or rejecting
any substitution as equal to equipment and materials listed on the irrigation
drawings and in the specifications.
1.10 GUARANTEE
A. The guarantee for the irrigation system shall be made in accordance with the
attached form. The general conditions and supplementary conditions to these
specifications shall be filed with the City of Rosemead or his representative
prior to acceptance of the irrigation system.
B. A copy of the guarantee form shall be included in the operations and
maintenance manual.
C. The guarantee form shall be re-typed onto the Contractor's letterhead and
contain the following information:
D. GUARANTEE FOR IRRIGATION SYSTEM
We hereby guarantee that the irrigation system we have furnished and
installed is free from defects in materials and workmanship, and the work has
been completed in accordance with the drawings and specifications, ordinary
wear and tear and unusual abuse or neglect excepted. We agree to repair or
replace any defects in material and workmanship which may develop during
the period of one year from date of acceptance and also repair or replace any
TP-23
0 0
damage resulting from the repairing or replacing of such defects at no
additional cost to the City of Rosemead. We shall make such repairs or
replacements within five days, after receipt of written notice. In the event of
our failure to make such repairs or replacement within a reasonable time after
receipt of written notice from the City of Rosemead, we authorize the City of
Rosemead to proceed to have said repairs or replacements made at our
expense and we will pay the costs and charges therefore upon demand.
PROJECT:
LOCATION:
SIGNED:
ADDRESS:
PHONE: DATE OF ACCEPTANCE:
1.12 CONFERENCE PRIOR TO COMMENCEMENT OF WORK
A.. Immediately upon awarding of contract, and prior to commencing work, the
Contractor shall confer with the City of Rosemead regarding the general
details of the work involved in this contract.
PART 2 PRODUCTS
2.1 MATERIALS
A. General:
1. Provide piping materials and factory-fabricated piping products of
sizes, types, pressure ratings and capacities as indicated. Where not
indicated, provide proper selection as determine by Installer to comply
with installation requirements.
2. All materials throughout the system shall be new and in perfect
condition. Unless otherwise noted on plans, each respective item shall
be from the same manufacturer for all items of one (1) type, or
approved equals.
B. Pipe.
1. PVC Pressure Main Line Pipe and Fittings.
TP-24
a. Pressure main line piping for sizes 2-1/2 and smaller shall be
PVS Schedule 40 with solvent welded joints. Piping for sizes 3"
and larger shall be AWWA C900.
b. Pipe shall be made from NSF approved Type I, Grade I PVS
compound conforming to ASTM resin specification D1785. All
pipes must meet requirements as set forth in Federal
Specification PS-21-70.
C. Pipe homogeneous throughout, free from visible cracks, holes or
foreign materials. The pipe shall be free from blisters, dents,
wrinkles or ripples, die and heat marks.
d. PVC solvent-weld fittings and elbows shall be Schedule 80, 1-2,
11-1 NSF approved conforming to ASTM test procedure D2466.
e. Solvent cement and primer for PVC solvent-weld pipe and
fittings shall be of type and installations methods prescribed by
the pipe manufacturer. No clear primer may be used.
f. Supplier shall be responsible to certify that manufactured pipe
and fittings meets the stated levels of quality. All PVC pipe and
fittings must bear the following continuous and permanent
markings:
1) Manufacturer's name or trademark
2) Material designation
3) Nominal pipe size and applicable IPS schedule
4) Manufacturer's lot number
5) Schedule or class
6) ASTM qualifying designation
7) Pressure rating in PSI
8) NSF (National Sanitation Foundation) approval
9) Date of extrusion
g. Testing of pipe. The contractor shall show written certification
by supplier that polyvinyl chloride pipe has successfully passed
the following tests:
1) Acetone text. Immerse a sample of pipe in 99% pure
TP-25
anhydrous acetone for 15 minutes; at the end of this time
there should be no evidence of flaking or delamination on
the inner or outer walls of the pipe. Evidence of softening
and swelling shall not constitute failure.
2) Flattening. Cut a test specimen two inches long from
each end of the pipe sample. Flatten each test specimen
between parallel plates of a press until the distance
between the plates, in inches, is equal to sixty (60)
percent of the pipe o.d., and there shall be no evidence of
cracking, splitting or breaking.
2. PVC Non-Pressure Lateral Line Piping.
a. Non-pressure buried lateral line piping shall be PVC Schedule 40
with solvent-weld joints.
b. Pipe shall be made from NSF approved, Type I, Grade II PVC
compound conforming to ASTM resin specification D1784. All pipe
must meet requirements set forth in Federal specification PS-22-70
with an appropriate standard dimension ratio.
c. Except as noted in paragraph 1, all requirements for non-pressure
lateral line pipe and fittings shall be the same as for solvent-weld
pressure main line pipe and fittings as set forth in section A of these
specifications.
3. PVC Fittings:
a. Schedule 40, polyvinyl chloride (PVC) weight as manufactured
by Spears or approved equal. Solvent weld or insert fittings are
acceptable. No saddle type clamping or fittings shall be used.
Fittings to conform to ASTM D-2466.
4. Brass Pipe and Fittings:
a. Where indicated on the drawings, use red brass screwed pipe
conforming to Federal Specification #WW-P-351
b. Fittings shall be red brass conforming to Federal Specification
#W W-P-460.
C. Valves.
1. Gate Valves.
TP-26
a. Gate valves shall be the same size as the pipe lines in which
they are installed and shall open "left". All valves shall be
packed with an approved brand of graphited braid stem packing.
b. Gate valves 2 1/2" and larger shall be 200 pound O.W.G., iron
body, ASTM A-126, Class B, flanged joints, brass trimmed, non-
rising stem, bolted bonnet, double disc, and equipped with an
operating unit.
C. Gate valves 2" and smaller shall be 150 pound saturated steam
rated, brass body ASTM B-62, non-rising stem, screwed joints,
screwed bonnet, solid disc, and equipped with handwheel.
d. Gate valves shall be installed per installation detail.
2. Automatic control valves.
a. Refer to plan for approved manufacturer's name, model number
and size.
b. Valves shall be normally closed.
C. All valves shall be diaphragm actuated, equipped with flow
control adjustment and relief pet cocks, so valve may be
manually operated. One piece diaphragms only; no "O" rings
allowed.
d. All valves shall be of the same manufacturer.
e. Valves shall be completely serviceable from the top without
removing the valve body from the mainline systems.
D. Dripperline and Integral Dripperline Components:
The dripperline shall be Techline CV or Techline pressure compensating
dripperline or 17mm Techlite, or 8mm Techlite non-pressure compensated
dripperline as manufactured by Netafim Irrigation, Inc. Dripper flow rate and
spacing shall be as indicated on drawings.
1. Techline CV/Techline/17mm or 8mm Techlite Fittings: All Techline
CV/Techline Techlite connections shall be made with approved
Techline CV/Techline. Techlite insert fittings.
TP-27
0
2. Soil Staples (TLS6): All on-surface/under mulch Techline CV/Techline
Techlite installations shall be held in place with Techline Soil Staples
spaced evenly every 3' to 5' on center, and with two staples on each
change of location.
3. Line Flushing Valves: All Techline/Techlite systems shall be installed
with Netafim Automatic Line Flushing Valves as indicated on drawings.
Techline CV zones do not require an automatic line flushing valve but
must have a manual flushing port(s) in the position that an automatic
flush valve would be positioned.
4. Air/Vacuum Relief Valves: Each independent Techline subsurface
irrigation zone shall be installed with an Air/Vacuum Relief Valve at the
zone's highest point(s). Techline CV zones do not require an
Air/Vacuum Relief Valve.
5. Pressure Regulator: A pressure regulator shall be installed at each
zone valve or on the main line to ensure operating pressures do not
exceed system requirements. The pressure regulator shall be a
Netafim Pressure Regulator. Model number as indicated on drawings.
6. Disc Filter: A disc filter shall be installed at each zone valve or on the
main line to ensure proper filtration. The filter shall be a Netafim Disc
Filter. Model number and mesh as indicated on drawings.
E. Backflow preventer and strainer unit.
1. Shall be City of Rosemead Health Department approved and be
installed in accordance with local water company requirements and
City Code.
2. Backflow protection device shall be designed to operate on a `reduced
pressure principal' or `pressure type vacuum breaker'. Equipped with
full port shut-off valves and field test cocks, and shall be of the type
and manufacturer stated on the scope of work.
3. Backflow device to be protected from vandalism and freezing
temperatures where applicable.
4. Strainer shall be wye type, constructed of semi-steel, with a 250 psi
rating with monel 3/32" strainer basket; removable. Same size as
backflow preventer.
F. Automatic control system.
TP-28
1. Automatic controller. Refer to plan for required manufacturer's name
and model number. Provide pump start relay switch if required.
2. Automatic controller control system shall use a low voltage, high
efficiency, watertight, 2-way magnetic solenoid actuator that operates
at a 5-volt alternating pulse.
3. Automatic controller to have the following features:
a. A wireless controller powered by internal photovoltaic module
with a microelectronic energy management system fueled by
ambient light.
b. It shall be programmed via a remote control handset from a
distance of up to 350 feet line of sight. Up to 99 controllers can
be programmed using 1 handset when client ID and controller
ID's are assigned.
C. It shall have a mounting option for a valve box lead or a column
mounting. The controller shall operate a DC solenoid via two-
way digital control pulses with a daily exposure to light levels of
3,000 to 100,000 Lux. All controller operations can be reviewed
or changed using the handset.
d. A minimum of two (2) stations are required.
e. Programmed for various schedules entirely by setting switches
and dials.
4. Controller enclosure. Valve box enclosure that is vandalproof and
weatherproof and to be of sufficient size to house controller(s). Refer
to plan for manufacturer's name and model number required.
5. Automatic irrigation control wire.
a. Electric operated.
1) Twenty-four volt wire to solenoid valves to be direct burial
conductor type OF #14 AWG copper, 3/64" thickness,
PVC coating, U.L. approved.
2) Common wires to be white coded and pilot wires to be
color coded with a different color stripe for each
TP-29
automatic controller.
3) Install in accordance with valve manufacturer's
specifications and wire chart.
4) Twenty-four volt valve solenoid shall be corrosion proof
stainless steel protected by solid epoxy resin. Coil to
operate one valve at 4,000 feet on no less than No. 14
wire. No solenoid valve shall bleed to atmosphere.
G. Valve Boxes.
1. For remote control valves use plastic with hinged and lockable cover.
2. For gate valves use concrete with lock lid cover marked "Water", 8" I.D.
adjustable, concrete sleeve.
H. Sleeves for Control Wires: Under all walks and paving and where indicated
on drawings, PVC 1220-160 psi pipe or galvanized heavy wall steel conduit.
Minimum size 1'/z" 1. D.
1. Sleeves for Irrigation Pipe: Under all walks and paving and where indicated
on drawings, Schedule 80 PVC pipe or as otherwise approved by the
Landscape Architect. To be two (2) times the O.D. of sleeved pipe.
PART 3 EXECUTION
3.1 SITE CONDITIONS/INSPECTION
A. All scaled dimensions are approximate. The Contractor shall check and verify
all dimensions per City of Rosemead's approval prior to proceeding with work
under this section.
B. Exercise extreme care in excavating and working near existing utilities.
Coordinate excavations with underground service alert and utility companies.
Damage to utilities caused by operations or neglect shall be repaired at
Contractor's expense. The Contractor shall coordinate with City of Rosemead
and check existing utility drawings for locations.
C. Coordinate installation of irrigation materials, including pipe, so there will be
NO interference with utilities or other construction, or difficulty in planting
trees, shrubs, and ground covers.
D. The Contractor shall carefully check all grades to ensure work on the l
irrigation system may safely commence.
TP-30
E. The Contractor shall reconstruct any existing irrigation lines which are to
remain in service if they interfere or are damaged by construction.
Reconstruction of irrigation lines shall conform to the applicable sections of
the specifications, using all new materials. When modifications to existing
irrigation system are part of the project, verify the operation of all existing
irrigation controllers, remote control valves, quick coupling valves, and tubing
prior to commencing work. Notify City of Rosemead in writing of any
inoperable equipment. Maintain 12 inches of cover over all existing lateral
lines and 24 inches of cover over existing main lines 3 inches and smaller in
diameter. Maintain 30 inches of cover over top of main lines 4 inches and
larger in diameter. Reconnect existing remote control valves with approved
watertight connectors.
3.2 PREPARATION
A. Physical Layout.
1. All piping or equipment shown diagrammatically on drawings outside
planting areas shall be installed inside planting area whenever
possible, to exact dimensions noted in construction details unless
otherwise approved.
2. Prior to installation, stake out all pressure supply line routing and
tubing locations.
3. Entire layout shall be approved by City of Rosemead prior to
installation.
B. Water Supply.
1. Connect irrigation system to water supply points of connection as
indicated on the drawings. Verify exact location on site.
2. Connections as shown on drawings are approximate. Minor deviations
(plus or minus 20 feet) required by actual site conditions shall be a part
of this contract.
3. Coordinate connection to meters, water outlets, etc. with General
Contractor and other trades on site to ensure proper connection.
4. Coordinate pipe crossing hardscapes, walks, etc., with appropriate
trades to minimize disturbance to finish product. If a preferable route is
noted on site, contact City of Rosemead to discuss alternative and
obtain approval of same.
TP-31
C. Observation Schedule.
1. Notify the City of Rosemead in advance for the following observation
meetings, according to the time indicated:
a. Pre-job conference - 5 days
b. Backflow assembly and automatic controller location - 48 hours
c. Pressure supply line and control wire installation and testing -
48 hours
d. Lateral line and tubing installation - 48 hours
e. Coverage test - 48 hours
f. Final site review - 5 days
2. When observations are conducted by other than the City of Rosemead,
show evidence in writing when and by whom these observations were
made.
3. Maintain a set of current and up to date plans on the job site at all
times. No site observations will commence without record drawings
and current plans. In the event the Contractor calls for a site visit
without record drawings, without current plans, without completing
previously noted corrections, or without preparing the system for said
visit, he shall be responsible for reimbursing the City of Rosemead
based on his current billing rates per hour (portal to portal, plus
transportation costs) for the inconvenience. No subsequent site visits
will be scheduled until this charge has been paid.
3.3 INSTALLATION
A. General.
1. Drawings and specifications. Drawings are diagrammatic. All piping,
valves, etc. shown within paved area are for design clarification only
and shall be installed in planting areas. Furnish and install all work
called for on the drawings, whether or not specifically mentioned in the.
specifications.
TP-32
2. Perform minor adjustment in location or alignment of new work, to
avoid existing utilities, as directed without additional cost.
3. All excavation, trenching, backfilling and compaction performed under
this section shall conform to the requirements of Section 02222,
"Excavating, Backfilling and Compacting for Utilities," 3.2, 3.3, 3.4 and
3.5. In all planting areas, water settle with no tamping. Leave soil
slightly crowned at irrigation heads.
B. Connection to existing supply line.
1. Connect to existing cold water service where shown on plans.
2. Connect to existing cast iron, PVC, galvanized and/or asbestos-cement
pipe by any of the following methods.
a. Utilize pressure rated 150-200 AWS-A21.10 cast iron fittings.
b. Tapping "sleeve."
C. Cutting in "tee."
d. Utilize a threaded fitting.
e. Saddle with double bale flattened, double bronze straps.
f. PVC fitting for solvent weld on PVC pipe only.
C. Excavating and Trenching.
1. The Contractor shall perform all excavations as required for the
installation of the work included under this section, including shoring of
earth banks to prevent cave-ins. The contractor shall trench, each day,
only as much as required for that day's work.
2. Trenches shall be made wide enough to allow a minimum of two (2")
inches between parallel pipe lines. Trenches for pipelines shall be
made of sufficient depth to provide minimum cover from finish grade as
follows:
a. 24" minimum cover over main lines, as measured from top of
pipe where it occurs with in planting area. Install 36" below
grade where it crosses driveway
TP-33
b. 12" minimum cover over control lines from controller to valves.
C. 4" - 6" cover over dripperline.
3. Follow approved layout for each system. Pipe layout as shown on
irrigation plan is schematic. Route piping in the most expedient
manner, consistent with the requirements set forth herein, including
avoidance of tree roots. Adhere to as-built requirements stated herein.
4. The bottom of the trench shall be free of rocks, clods and other sharp-
edged objects. If rocks over 1" size are encountered at the bottom of
the trench or within backfill @ 4" above pipe, Contractor shall have the
option of removing rocks or placing 4" of sand below and above PVC
pipe.
5. Trench bottom shall be flat and piping shall be supported continuously
at prepared grade.
D. Pipe and Assembly:
1. Install remote valves where shown and group together where practical.
Place valves no closer than six (6") inches to walk edges, buildings and
walls. Locate all valve boxes in planting beds unless otherwise directed
or noted.
2. No pipe shall be laid when, in the opinion of the Project Consultant,
trench or weather conditions are unsuitable. When pipe laying is not in
progress, the open ends of the installed pipe shall be closed by
approved means to prevent entrance of trench water and other foreign
material into the line(s). Enough backfill shall be placed in the center
sections of the pipe to prevent floating. Any pipe that has floated shall
be removed from the trench and re-laid.
3. PVC pipe and fittings shall be solvent welded using solvents and
methods as recommended by the manufacturer of the pipe, except
where screwed connections are required. Pipe and fittings shall be
thoroughly cleaned of dirt, dust and moisture before applying solvent
with a non-synthetic bristle brush.
4. Pipe may be assembled and welded on the surface. Snake pipe from
side to side in the trench to allow for expansion and contraction.
TP-34
• •
5. Make all connections between plastic pipe and metal valves-or steel
pipe with threaded fittings using plastic male adapters.
6. Scale of drawing may not permit indicating all sleeving required.
Provide sleeves for all piping under paved areas. Refer to sections
that pertain to sleeving material, size, etc.
7. All outlets from main line shall be accomplished with line sized tees,
with an outlet of the specified size. No saddle tees are permitted.
D. Dripperline Installation:
1. Install all dripperline as indicated on drawings. Use only Teflon tape on
all threaded connections.
2. Clamp Techline/Techlite fittings with Oetiker clamps when operating
pressure exceeds specific dripperline fitting requirements.
3. Cap or plug all openings as soon as lines have been installed to
prevent the intrusion of materials that would obstruct the pipe. Leave in
place until removal is necessary for completion of installation.
4. Thoroughly flush all water lines before installing valves and other
hydrants.
5. Test in accordance with Paragraph on Hydrostatic Tests.
En Automatic Control System
1. Install per manufacturer instructions. Connect remote control valves to
controller in numerical sequence shown on the drawings.
2. Vandal and weatherproof controller enclosure.
a. Seal all openings to keep rodents out.
b. Protect surface from damage during shipment and installation.
Contractor shall be responsible for epoxy repairs to areas of
metal exposed by damage.
F. Control Wiring.
1. Wiring shall occupy the same trench and shall be installed along the
same route as pressure supply or lateral lines wherever possible.
TP-35
2. Where more than one (1) wire is placed in a trench, the wiring shall be
taped together at intervals of ten (10) feet.
3. An expansion curl shall be provided within three (3) feet of each wire
connection. Expansion curl at electric control valves shall be of
sufficient length so that in case of repair, the valve bonnet may be
brought to the surface without disconnecting the control wires. Control
wires shall be laid loosely in trench without stress or stretching of
control wire conductors.
4. All splices shall be made with 3M DBY Connector Sealing packs,
Rainbird Snap-Tite wire connector, or approved equal. Use on splice
per connector sealing pack.
5. Field splices between the automatic controller and electrical control
valves will not be allowed without prior approval of the City of
Rosemead.
6. Record locations of tracer wires and their termination points on record
drawings.
G. Backfilling.
1. The trenches shall not be backfilled until all required tests are
performed. Trenches shall be carefully backfilled with the excavated
materials approved for backfilling, consisting of earth, loam, sandy
clay, sand, or other approved materials, free from large clods of earth
or stones. Backfill shall be mechanically compacted landscape areas
to a dry density equal to adjacent undisturbed soil in planting areas.
Backfill will conform to adjacent grades without dips, sunken areas,
humps, or other surface irregularities.
2. A fine granular material backfill will be initially placed on all lines. No
foreign matter larger than one-half (1/2) inch in size will be permitted in
the initial backfill.
3. Flooding of trenches will be permitted only with approval of the City of
Rosemead.
4. If settlement occurs and subsequent adjustments in pipe, valves,
tubing, lawn or planting, or other construction are necessary, the
Contractor shall make all required adjustments without cost to the City
of Rosemead.
TP-36
H. Valve Boxes.
1. Install all buried valves and equipment in the specified box.
2. Fill area under box with a minimum of 3 cubic feet of 3/4 inch gravel for
remote control valves and two cubic feet for gate valves and quick
coupling valves, before box is installed.
3. Attach identification tags to each remote control valve, showing number
that corresponds with controller sequence. Tags shall be
manufactured of polyurethane Behr Desopaid, yellow in color with
black letters, 2-3/4 inches by 2-1/4 inches.
4. Brand sequence number of each valve in minimum 2 inch high
numerals into box top.
5. Install valve boxes in shrub areas unless otherwise approved. When
grouped together, allow at least twelve (12) inches between valves.
Install each remote control valve in a separate valve box.
6. Install valve boxes square to one another and to edges of adjacent
hardscape, unless otherwise approved by City of Rosemead.
7. Set boxes flush with finish grade, including sloped areas. Compact all
soil within 12 inches of the perimeter of box by water settlement, as
indicated in trench repair section of this specification. Position boxes
per construction detail.
3.4 FIELD QUALITY CONTROL
A. Hydrostatic Test:
1. Request the presence of the Owner and/or Landscape Architect at
least forty eight (48) hours in advance of testing.
2. Testing to be accomplished at the expense of the Contractor, and in
the presence of the Owner.
3. Center load piping with small amount of backfill to prevent arching or
slipping under pressure.
4. Apply a continuous and static water pressure of sixty (60) psi when
welded plastic joints have cured at least twenty-four (24) hours and
with the risers capped as follows:
TP-37
a. Main lines and sub mains to be tested for one (1) hour.
b. Lateral lines to be tested for one (1) hour.
5. Repair leaks resulting from tests.
6. The lines shall then be retested until satisfactory.
B. Final Observation Prior to Acceptance.
1. Operate each system in its entirety for the City of Rosemead at time of
final observation. Any items deemed unacceptable by the City of
Rosemead due to noncompliance with the specifications and drawings
shall be corrected to the complete satisfaction of the City of Rosemead.
2. Operate automatic controller rain sensor at conclusion of maintenance
period to confirm proper operation.
3. Evidence must be shown to the City of Rosemead that City of
Rosemead has received all required irrigation equipment, charts,
record drawings, etc. as noted herein before final observation can
occur.
C. Conclusion of Maintenance Period.
1. At end of maintenance period, submit written confirmation to City of
Rosemead that the system is operating properly, as per final
acceptance, and note any changes/adjustments made during
maintenance period. Based on this, City of Rosemead may request
additional site review.
3.5 MAINTENANCE
A. The entire irrigation system shall be operated automatically for a period of
seven days prior to any planting.
B. The City of Rosemead reserves the right to waive or shorten the operation
period.
C. After maintenance period, demonstrate in presence of the City of Rosemead
that the system is in proper operating order.
3.6 CLEANUP
TP-38
A. Clean-up shall be made as each portion of work progresses. Refuse and
excess dirt shall be removed from the site, all walks and paving shall be swept
or washed down, and any damage sustained on the work of others shall be
repaired to original conditions.
3.7 EMERGENCY REPAIRS
A. The City of Rosemead reserves the right to make temporary repairs as
necessary to keep equipment in operating condition without voiding the
Contractor's guarantee bond nor relieving the Contractor of his
responsibilities during the bonding period.
3.8 OPERATING INSTRUCTIONS
A. Contractor to train the City of Rosemead's maintenance personnel in proper
operation of all major equipment. Provide written confirmation of the
person(s) so trained to the City of Rosemead.
3.9 SERVICES/DATA TO BE PROVIDED BY THE CONTRACTOR
A. Rain sensor data.
B. Training of City of Rosemead's personnel in proper operation of all major
equipment.
3.10 OBSERVATION SCHEDULE
A. Contractor shall be responsible for notifying the City of Rosemead in advance
for the time indicated.
1. Pre-Job Conference - 7 days
2. Pressure supply line installing and testing - 48 hours
3. Automatic controller installation - 48 hours
4. Control wire installation - 48 hours
5. Lateral line and irrigation installation - 48 hours
6. Final inspection - 7 days
TP-39
0 0
B. When observations have been conducted by other than the City of
Rosemead, show evidence in writing of when and by whom those
observations were made.
C. No site observations will commence without as-built drawings. In the event
the Contractor calls for a site visit without as-built drawings, without
completing previously noted corrections, or without preparing the system for
said visit, he shall be responsible for reimbursing the City of Rosemead at his
current billing rates per hour portal to portal (plus transportation costs) for
inconvenience. No further site visits will be scheduled until this charge has
been paid and received.
END OF SECTION 02810
SECTION 02900
LANDSCAPING
PART 1 GENERAL
1.1 DESCRIPTION
A. The work includes all services, labor, materials, transportation and equipment
necessary to provide landscaping as indicated on the Drawings and as specified.
1.2 RELATED WORK IN OTHER SECTIONS
A. Section 02230 - Site Clearing
B. Section 02810 Landscape Irrigation
C. Section 02920 - Landscape Maintenance
1.3 SUBMITTALS
A. Approvals.
1. Provide written evidence that landscape irrigation system has been
inspected and approved prior to start of any work of this section.
TP-40
2. Agronomic Soil Report
a. After completion of the grading operations and prior to soil
preparation, the Contractor shall, at his expense, obtain a soils
test report from an approved professional agronomic soils
testing laboratory.
b. Contractor shall, at his expense obtain a soil tests report for
imported topsoil from an approved professional agronomic soils
testing laboratory, and obtain approval by the City of Rosemead,
prior to on site delivery.
C. Contractor shall submit the name, address and phone number of
the consulting soil testing laboratory for approval prior to
obtaining services.
d. The approved soil testing laboratory report shall indicate soil
analysis for plant growth suitability, and recommendations for
soil preparation in all planting areas and soil mix for backfill of
planting container material.
e. The recommendations of the agronomic soil report shall take
precedence over the quantities of soil amendments and material
mix specified in the backfill mix; and only when those
specifications exceed the minimum requirements specified
herein.
f. Contractor shall submit one (1) copy of the agronomic soil report
to the City of Rosemead, and shall not begin any landscape
planting work until the report has been evaluated and approved
by the City of Rosemead.
g. Contract price adjustments if required due to the above shall be
made by unit price or change order.
B. Certificates. Prior to construction, written certifications and invoices listing the
source of the supplier and quantities of each shall be submitted to the City of
Rosemead for the following:
1. Commercial fertilizer or organic fertilizer.
2. Wood shavings or fir bark.
3. Herbicide.
TP-41
4. Soil conditioner - fertilizer type.
5. Plant Materials. Invoices to include:
a. Botanic (scientific) name and Common name and variety
and cultivar if specified.
b. Plant size (flat, gallon, '24" box, etc) and quantity
delivered.
C. Nursery provider, location, and phone number.
d. Date of delivery and signature for receipt of plants as
listed.
6. Top Soil.
7. Pre-emergent.
1.4 GUARANTEES AND REPLACEMENTS
A. Plant Materials: Shrubs, vines and groundcovers shall be guaranteed to
remain healthy and vigorously growing for ninety (90) days.
B. Trees: All trees that have been supplied and installed under this Contract
shall be guaranteed to live in a healthy condition for a period of one (1) year
from date of final acceptance of project.
C. Plant Replacement: Plants found to be dead or not in a vigorous condition, or
if root balls have been damaged, within the Installation, Maintenance and
Guarantee Periods, shall be replaced within fourteen (14) days. Contractor
shall include, at his expense, a timely written diagnosis of plant health by a
certified Arborist, should a dispute arise. Arborist's report shall indicate
reason for lack of vigor, potential remedies, if any, and estimate of time
required to regain vigor and specified size.
D. Plant Replacement: Plants used for replacement shall be same kind and size
as specified and shall be furnished, planted and fertilized as originally
specified. Cost of all repair work to existing improvements damaged during
replacements shall be borne by the Contractor.
1.5 SITE OBSERVATION AND INSPECTION
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A. Written notice requesting an inspection shall be submitted to the City of
Rosemead at least ten (10) days prior to the anticipated date.
B. Site observation and inspection will be required for the following parts of the
work:
1. Observation to be performed by the Landscape Architect or City of
Rosemead upon the completion of grading prior to planting.
2. Inspection to be performed by the Landscape Architect or City of
Rosemead for approval of all plant materials. Contractor is to make
every effort to install all plant materials within three (3) days of
approval.
3. Observation to be performed by the Landscape Architect or City of
Rosemead when trees and shrubs are spotted in place for excavation,
but prior to planting.
4. Observation to be performed by the Landscape Architect or City of
Rosemead after planting and all other indicated or specified work has
been completed Acceptance and written approval shall establish the
beginning of the Maintenance Period.
a. Contractor shall ensure that all landscape construction items are
properly placed, all plants are in place in a healthy condition,
areas are clean and free of weeds and debris, and entire area is
in a neat condition prior to scheduling an inspection for
beneficial occupancy at the beginning of the maintenance period
and all subsequent inspections.
5. Maintenance observation to be performed by the Landscape Architect
or City of Rosemead after thirty (30) days.
6. Final observation and approval to be performed by the Landscape
Architect or City of Rosemead at the completion of the ninety (90) day
Maintenance Period. The establishment of the beginning date for the
one (1) year guarantee of all trees shall begin upon approval of final
completion by the Landscape Architect or the City of Rosemead.
C. Upon completion of the Final Observation and the work of this section, the
Contractor will be notified in writing: (1) whether the work is acceptable;(2) of
any requirements necessary for completion and acceptance.
D. Contractor shall be on the site at the time of each observation.
TP-43
1.6 SEQUENCING AND SCHEDULING: Coordinate the work of this Section with
installation of underground irrigation system utilities, piping and watering heads.
1.7 GENERAL REQUIREMENTS
A. The term "Planting Area" shall mean all areas to be planted with trees and
vines.
B. All other areas in which asphalt has been removed and that are cleared and
grubbed, but are not to be planted will require Class A Top Soil backfill and
pre-emergent application. These areas do not require additional soil
amendments.
C. Actual planting shall be performed during those periods when weather and
soil conditions are suitable in accordance with locally accepted horticultural
practice.
D. All rock and other growth or debris accumulated during the duration of the
project shall be removed from the site.
E. Prior to excavation for planting or placing of plant materials, locate all
underground utility lines still in use and take proper precautions to avoid
damage to such improvements. In the event of a conflict between such lines
and plant locations, notify the City of Rosemead who shall arrange for the
relocation of one or the other. The Contractor assumes all responsibility for
making any and all repairs for damages from work as herein specified at no
additional expense to the City of Rosemead.
F. Grading and soil preparation work shall be performed only during the period
when beneficial and optimum results may be obtained. If the moisture content
of the soil should reach such a level that working it would destroy soil
structure, spreading grading operations shall be suspended until the moisture
content is increased or reduced to acceptable levels and the desired results
are likely to be obtained.
G. All scaled dimensions are approximate. Before proceeding with any work,
carefully check and verify all dimensions and immediately inform the City of
Rosemead of any discrepancy between the drawings and/or specifications
and actual conditions.
H. Quantities for plant materials are shown for convenience only, and not
guaranteed. Check and verify count and supply sufficient number to fulfill
intent of drawings. Notify the City of Rosemead of discrepancies between
quantities and symbols shown prior to installation.
TP-44
I. Adequately stake, barricade and protect. all irrigation equipment, manholes,
utility lines and other existing property during all phases of the soil amending
and grading operation.
J. Tree Selection.
1. The Contractor shall immediately remove from the site any trees not
approved after the City of Rosemead has seen them. The trees are to
be replaced with plants deemed suitable by the City of Rosemead at
the Contractor's expense.
2. The Contractor, at his option and expense, can retain the services of
the City of Rosemead to review trees 15 gallon or larger tagged at the
nursery and/or at its place of growth, or submit color photographs of
trees for approval.
3. The City of Rosemead shall have the right to inspect and reject
unsatisfactory or defective plant material at any time during the
progress of the work.
K. Vine Selection.
1. Inspection is required upon delivery to site. All plants 15 gallons or
smaller are to be inspected and approved at the project site. Plants
that are 15 gallons or larger should follow the criteria set forth under
Tree Selection.
2. The Contractor shall immediately remove from the site any plants not
approved after the City of Rosemead has seen them. The plants are to
be replaced with plants deemed suitable by the City of Rosemead at
the Contractor's expense.
3. The City of Rosemead shall have the right to inspect and reject
unsatisfactory or defective plant material at any time during the
progress of the work.
L. Rejection and Substitution; All plants not conforming to the requirements
herein specified shall be considered defective and such plants, whether in
place or not, shall be marked as rejected and be immediately removed from
the site of the work and replaced with acceptable plant materials. The plant
materials shall meet all applicable inspections required by law. All plants
shall be of the species, variety size, age, flower color and condition as
specified herein and/or as indicated on the Drawings. Under no condition will
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there be any substitution of plant species, variety or reduced sizes for those
listed on the accompanying Drawings, except with the written consent of the
City of Rosemead.
M. All utilities (water and electricity) used during the installation of the
landscaping and irrigation systems for this project shall be paid for by the City
of Rosemead. During the ninety (90) day Maintenance Period, the City of
Rosemead will be responsible for the payment of the utilities to maintain
landscaping.
1.8 INVOICING OF PLANT MATERIAL AND SOIL PREPARATION AND SOIL
PREPARATION CONFORMANCE TEST
A. After installation of plant materials but prior to the pre-maintenance
inspection, the City of Rosemead, with the heretofore specified signed copies
of the required certificates, trip slips and invoices for the plant materials and
related items, shall invoice such material comparing the total area and/or the
amounts specified. If the minimum amounts have not been furnished, the
City of Rosemead will require the installation of additional materials to fulfill
the minimum requirements specified.
B. Upon delivery of materials and/or completion of all soil conditioning and
grading, but prior to initiating planting operations, the City of Rosemead with
the heretofore specified signed copies of required certificates, trip slips and
invoices for soil preparation materials, shall invoice such material comparing
the total quantities of each material furnished against the total area to each
operation. If the minimum rates of application have not been met, the
Contractor will be required to distribute additional quantities of these materials
to fulfill the minimum application requirements specified.
PART2 PRODUCTS
2.1 GENERAL
A. Refer to "Planting Notes" on L3.01 for general requirements.
2.2 MATERIALS
A. PLANTING BACKFILL
1. Imported Class A Topsoil: Fertile, agricultural sandy loam, typical for
locality, capable of sustaining vigorous plant growth, taken from
drained site, free of subsoil, clay, rocks, impurities, plants, weeds and
roots; minimum pH value of 5.4 and maximum 6.5 per soils test. Supply
TP-46
topsoil for all backfill mixes for plants to bring finished grades to 2
inches below tops of curbs, sidewalks and driveways. Topsoil shall not
be used for planting operations while in a muddy condition.
2. Soil Amendment and Fertilizer.
a. All planting areas shall receive the following amendments per
1,000 sq. ft. of surface area:
i. 150 lbs. of "Gro-Power" 5-3-1 or equal (no known equal)
as reviewed by the City of Rosemead.
ii.
iii. 3 cu. Yards of nitrogen stabilized, fine grade Fir bark or
Redwood shavings containing 1% nitrogen added to each
lb. of shavings.
iv. 8 lbs. of "Gro-Power Controlled Release " 12-8-8 or
equal (no known equal) as reviewed by the City of
Rosemead.
B. STAKING MATERIALS
1. Tree Staking: Stakes shall be of lodgepole pine. These shall be
straight shafts, shaved and cut clean and bare of branches, stubs, and
bark, of uniform thickness between 2 and 2'/2 inches in diameter, free
of loose knots, splits or bends. Stakes shall be no less than eight feet
in length for 5 gallon trees and ten feet in length for 10 gallon trees or
larger. Stakes are to be completely treated with copper napthenate.
Stakes shall be conically pointed at one end, with 10" long taper point
and chamfered at the other end.
2 Tree ties shall be "Wonder Tree Ties" or approved equal as reviewed
by the City of Rosemead. Wonder Tree Ties, 151 9in Avenue, Unit 'U',
City of Industry, CA 91746. (818) 336-3512.
C. PLANT MATERIALS
1. Nomenclature: The scientific and common names of plants herein
specified conform to "Standard Plant Names" established by the
American Joint Committee on Horticultural Nomenclature. Names not
listed therein follow established nursery lexicon . See list of plant
material on Drawings.
2. All material provided shall be well branched and proportioned, with
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• 0
respect to width-height relationship.
3. Labeling: Materials shall be clearly labeled as to species and variety.
All patented plants (cultivar) shall be delivered with a proper plant
patent attached.
4. Quality and size of all plants shall meet American Nursery Standards.
They shall be vigorous, of normal growth, not deformed, free from
disease, insects, insect eggs and meet or exceed the measurements
specified. Tree trunks shall be sturdy and well "hardened off',
self-supporting. Plants will be free of abrasions, knots, injuries, or
disfigurations. Plants shall have well-developed branch systems,
vigorous and fibrous root systems, and no signs of being root or
container bound.
5. Container stock (1 gal., 5 gal., 15 gal. boxes) shall have grown in
containers for at least six (6) months, but not over two (2) years. No
container plants that have cracked or broken balls of earth, when taken
from the container, shall be planted, except upon special approval. No
trees with damaged roots or broken balls shall be planted.
6. Pruning shall not be done, prior to delivery, except by written approval
by the City of Rosemead.
7. Inspection of plant materials, required by City, County or State
authorities shall be a responsibility of the Contractor and where
necessary the Contractor shall have secured permits or certificates
.prior to delivery of plants to site. Nurseries in which the plants have
been grown shall be inspected by the State Department of Agriculture.
8. Protection: Plants shall be handled, stored and maintained to prevent
drying out, wind burn, wilting or root or stem damage. Evidence of
these conditions will be grounds for plant replacement. Contractor may
opt to provide temporary protection for plants from seasonal conditions,
such as shade cloth during warm weather.
9. Plants shall be subject to inspection and approval or rejection at the
project site at any time before or during the progress of work for size,
variety, condition, latent defects and injuries. Rejected plants shall be
removed from the project site immediately.
10. Substitutions will not be permitted except that if proof is submitted that
any plant specified is not obtainable, a proposal will be considered for
use of the nearest equivalent size or variety and cost. All substitutions
TP-48
•
subject to City of Rosemead's written approval.
11. Quantities shall be furnished as needed to complete work as shown on
Drawings.
12. The City of Rosemead reserves the right to inspect root condition of
any species, particularly those grown from seed, and if found defective,
to reject the plants represented by the defective sample.
13. Identify plant species or varieties correctly on legible, weather-proof
labels attached securely to the job site. There shall be a minimum of
one labeled plant for each five plants in a lot.
14. Groundcover plants shall be healthy, vigorous rooted cuttings grown in
flats until transplanting.
15. Planting Tablets: Planting tablets shall be Gro-Power Planting Tablets
or equal (no known equal) as reviewed by the City of Rosemead.
16. Pre-emergence herbicide shall be Eptam, Ronstar or equal.
17. Weed contact spray shall be Phytar 560, Broadside, Round-Up or
equal.
D. BARK MULCH: All shrub and groundcover areas shall be covered with
medium (1/2" to 1 '/z" sized pieces) fir bark, 1 inch minimum depth, as
designated on plans. Fir bark shall be screened bark. Mulch shall contain no
Eucalyptus. Mulch is to be 2" away from tree trunk or shrub base.
PART 3 EXECUTION
3.1 PREPARATION
A. Beginning of installation indicates Contractors acceptance of existing
conditions.
B. Clearing and Grubbing: See Demolition Notes on Sheet L1.01 for chemical
treatment (Round-Up or approved equal) prior to plant removal. Prior to
tillage operations, vegetation growth shall be grubbed, raked and cleared
from the site. The ground surface shall be cleared of material which might
hinder grading, tillage, planting and maintenance operations and be disposed
of off the site.
TP-49
C. A minimum of 12" of existing soil will be removed in all planting areas at the
Contractor's expense and be replaced with imported Class A top soil. Soils
report recommendations will supersede soil conditioning guidelines given
here.
3.2 SOIL CONDITIONING, FERTILIZING AND ROTOTILLING:
A. Grade shall ensure positive drainage of site, directing surface drainage
toward curbs, gutters, swales and drains; away from building foundations, free
of irregularities and depressions at a minimum of 2%. The soil amendments
specified below are required prior to construction.
B. Thoroughly moisten soil and grade all planting areas to within one-tenth of a
foot of finished grades prior to incorporating soil conditioner and amendment.
The rates of soil conditioning and amendment materials are listed in the
materials section and shall be evenly spread over all planting areas and shall
be thoroughly scarified to an average depth of 12 inches by rototilling a
minimum of 2 alternating passes: (this is to be used as a basis for bidding
and may be modified based on soil tests.)
C. Soil Preparation Procedure for all Landscaped Areas:
1. After landscape areas have been graded, compacted and sloped to
drain, Contractor shall accept the areas for landscape soil preparation.
2. Areas that have not been graded and will be planted shall be
thoroughly irrigated for a minimum of two weeks or until weeds
germinate and vigorous weed growth is evident. Apply contact
herbicide per manufacturers specifications. Repeat process if required
by City of Rosemead until weed kill is achieved.
3. All areas shall be deep ripped to a depth of 12 inches and all
vegetation (not shown to remain), stumps, roots, and stones (1 inch or
larger in diameter) shall be removed from the top 8 inches of soil. The
thoroughness of rock removal shall be approved by the City of
Rosemead prior to incorporation of amendments. Adequate
replacement soil shall be imported to equal volume of rock removed.
(See Topsoil Guidelines).
4. Grades: Planting areas which have been soil conditioned and/or
graded shall be maintained in a true and even condition prior to
planting. Contractor shall include repairs to previously graded areas,
if disruption of these areas should occur prior to end of Maintenance
Period.
TP-50
0
5. Settling of Soil: When grading, deep ripping, topsoiling, addition of soil
conditioning and tilling have been accomplished, areas shall be
compacted and settled by heavy irrigation to a minimum depth of 12
inches without causing erosion or sloughing of soils.
6. Final Grading of Planting Areas: Planting areas shall be free of rocks
larger than 1 inch with no more than 5% by volume of rocks smaller
than 1 inch. All depressions, voids, erosion, settled trenches and
excavations shall be filled with amended soil and/or removed by the
Contractor leaving a smooth, even finish grade. Final grade shall be
established to the following directives:
a. Drainage away from walls shall be maintained.
b. Grades shall be 2 inches below adjacent paved areas and
sidewalks and flush with valve boxes, mowing strips, clean-outs,
drains, manholes, etc., and shall have a minimum slope of 1%to
drains.
C. No planting shall be installed until approval has been given by
the City of Rosemead.
7. Care shall be taken that the rate of application of water does not cause
erosion or sloughing of soils.
8. All depressions, voids, erosion scars and settled trenches generated
by the deep watering shall be filled with conditioned topsoil and
brought to finish grade.
3.3 FINISH GRADING
A. Finish grades shall be at 2% away from the wall.
B. Molding and rounding of the grades shall be provided at all changes in slope.
Blend slope into level areas.
C All undulations and irregularities in the planting surfaces resulting from tillage,
rototilling and all other operations shall be leveled and floated out before
planting operations are initiated.
D. The Contractor shall take every precaution to protect -and avoid damage to
sprinkler heads, irrigation lines and other underground utilities during his
grading and conditioning operations.
TP-51
E. Final finish grades shall insure positive drainage of the site with all surface
drainage away from buildings, walls and toward roadways, drains and catch
basins.
F. Final grades shall be acceptable to the City of Rosemead before planting
operations will be allowed to begin.
G Planting surfaces shall be graded with no less than two (2) percent surface
slope for positive drainage.
3.4 PLANTING
A. The layout of locations for plants and outlines of groundcover to be planted
shall be approved on the site by the City of Rosemead or Landscape Architect
prior to planting. All such locations shall be checked for possible interference
with existing underground piping prior to excavation of holes. If underground
construction or utility lines are encountered in the excavation of planting
areas, other locations for the planting may be selected by the City of
Rosemead. Damage to existing utilities shall be the responsibility of the
Contractor.
1. The layout, planting, staking/guying and tying of trees will occur first.
The planting of shrubs, vines, and ground cover will follow
consecutively.
2. Locate the planting pit using one (1) of the following methods:
a. Place 1" x 3" x 3'-0" wood stake at the location shown on the
plans. Write botanical name and size of container on stake.
b. Place plant container at location shown on the plans.
B. Planting Trees and Shrubs.
1. All excavated holes shall have vertical sides with roughened surfaces
and shall be two (2) times wider than the width of the plant ball and be
as deep as indicated on drawings. Vertical sides and bottom of the
plant pit shall be scored to loosen soil and to eliminate "glazed" pit
walls. Holes shall be, in all cases, large enough to permit handling and
planting without injury or breakage of root balls or roots.
2. Excavation shall include the stripping and staking of all acceptable soil
encountered within the areas to be excavated for plant pits and
TP-52
"S
planting beds. Protect all areas that are to be trucked over and upon
which soil is to be temporarily stacked pending its reuse for the filling of
holes, pits and beds.
3. Plants shall not be allowed to dry out before or while being planted.
Keep exposed roots moist by means of wet sawdust, peat moss or
burlap at all times during planting operations, do not expose to the air
except while being placed in the ground. Wilted plants, whether in
place or not, will not be accepted and shall be replaced at the
Contractor's expense.
4. Remove nursery stakes and ties from all container stock. Maintain side
growth on all trees.
5. Loosen roots and soil at edges of root ball of plant being installed and
mix with native soil.
6. Excess soil generated from the planting holes shall be spread on the
site as directed by the City of Rosemead.
7. All used cans shall be removed to the storage area or from the site
daily.
8. The plants shall be planted at approved locations with the heretofore
specified conditioner and soil planting backfill.
9. The plants shall be placed in the planting pits on the backfill material
which has been hand-tamped and water settled to the root ball base
levels prior to the placement of the plants. After setting the plants, the
remaining backfill material shall be carefully tamped and settled around
each root ball to fill all voids.
10. Each tree and shrub shall be placed in the center of the hole and shall
be set plumb and held rigidly in position until the planting back fill has
been tamped from around each root ball.
11. All plants shall be set at such a level that after settling they bear the
same relationship to the surrounding finish grades as they bore to the
soil line grade in the container, unless otherwise noted.
12. Gro-Power planting tablets shall be placed in each planting hole at the
following rates:
One (1)-7 gram tablet per liner and flat size plant.
TP-53
Two (2)-7 gram tablets per gallon container.
Five (5)-7 gram tablets per 5 gallon container.
Ten (10)- 7gram tablets per 15 gallon container.
Fourteen (14)-7 gram tablets per 24" box and larger.
13. No plant will be accepted if the root ball is broken or cracked, either
before, during or after the process of installation.
14. All plants shall be thoroughly watered into the full depth of each
planting hole immediately after planting.
15. All trees shall be staked with two wood stakes, driven into the ground.
Nursery stakes provided at time of delivery shall be removed prior to
restaking. The stakes shall be driven in plumb and secure. Special
care shall be taken that the driving in of the stakes does not damage
the tree root ball. Tree ties shall be fastened to each tree and stake by
looping figure eights with the inside diameter of the tie at two or three
times the diameter of the tree and by tacking the back of the tie to the
stake (See Detailed Drawings).
16. The staking method shall be accomplished in such a manner as to
insure the proper and healthy growth and the safety of the plants,
property and public.
17. The Contractor shall be responsible for all surface and subsurface
drainage required which may affect his guarantee of the trees, shrubs
and vines.
18. Pruning after planting shall be required on all trees and shrubs only
when necessary to provide the specified or approved standard shapes,
form and/or sizes characteristic to each plant. Pruning may include
thinning, topping and/or cutting and shall be under the direction of the
City of Rosemead. Cuts over 3/4 inch in diameter shall be painted with
an approved tree sealant.
19. All trees 24 inches box and larger shall be spotted in place prior to
digging of the hole.
20. Install vines as per plans and details. Remove existing nursery stakes
and ties after planting.
TP-54
3.5 WATERING
A. Apply water to all planted areas and plants, during operations and thereafter,
until acceptance of work.
B. All plantings which cannot be watered efficiently with the existing water
system shall be watered by means of a hose.
C. Immediately after planting, apply water to each tree, shrub and vine by means
of a hose. Apply water in a moderate stream in the planting hole until the
material about the roots is completely saturated from the bottom of the
planting pit to finish grade.
D. Following the planting of ground cover, each plant shall be immediately and
thoroughly watered by means of a hose, with a slow running stream of water.
E. Apply water in sufficient quantities, and as often as seasonal conditions
require, to keep the ground moist at all times, well below the root system of
groundcover and all other planting. Exercise care to prevent overwatering,
flooding or excessive runoff.
3.6 MAINTENANCE
A. The entire project shall be cared for, to the satisfaction of the City of
Rosemead, in such a manner as to present a neat and clean condition at all
times.
B. The maintenance period begins on the first day after final completion on all
landscape work on this project is complete, checked, accepted and written
approval from the City of Rosemead is given to begin the Maintenance Period
and shall continue thereafter for no less than ninety (90) contiguous days.
C. Regular planting maintenance operations shall begin immediately after each
plant is planted. Plants shall be kept in a healthy, growing condition and in a
visually pleasing appearance by watering, pruning, mowing, rolling, trimming,
edging, fertilizing, restaking, pest and disease controlling, spraying, weeding,
cleaning up and any other necessary operation of maintenance. Landscape
areas shall be kept free of weeds, noxious grass and all other undesired
vegetative growth and debris. All plants found to be dead or in an impaired
condition shall be replaced within fourteen (14) days. Maintenance
operations shall also include:
1. Filling and replanting of any low areas which may cause standing
water.
TP-55
2. Adjusting of irrigation system.
3. Filling and recompaction of eroded areas.
4. Weekly removal of trash, litter, clippings and foreign debris.
D. The Contract completion date of the Contract Maintenance Period will be
extended when, in the opinion of the City of Rosemead, improper
maintenance and/or possible poor or unhealthy condition of planted material
is evident at the termination of the scheduled Maintenance Period. The
Contractor shall be responsible for additional maintenance of the work until all
of the work is completed and acceptable at no additional cost to the City of
Rosemead.
E. When in the opinion of the City of Rosemead's Representative, improper
maintenance, possible poor or unhealthy condition of plant materials or when
maintenance work is not being performed, the Contractor shall be responsible
for additional maintenance of the work until all of the work is completed and
acceptable at no additional cost to the City of Rosemead.
F. Upon completion of all planting operations, apply pre-emergent weed
control over entire site (planted area and bare soil to be covered by V
layer of mulch) in accordance with manufacturers recommendations.
G. Prior to completion of the 90 day maintenance period, cultivate all ground
cover and shrub areas and provide an additional application of pre-emergent
herbicide in accordance with manufacturers recommendations.
H. During the maintenance period, the contractor is required to apply fertilizer to
all planted areas, at a time specified by the City of Rosemead (every 30 days
after the beginning of the maintenance period). Fertilizer application shall be
performed in the presence of the City of Rosemead.
a. Apply soil conditioner-fertilizer ("Gro-Power" 5-3-1) at the rate of 25
lbs. per 1000 sq. ft., uniformly over all shrub and ground cover areas.
b. Apply soil conditioner-fertilizer ("Gro-Power") controlled release (12-8-
8) at the rate of 20 lbs. per 1000 sq. ft., uniformly over all lawn areas.
1. Replacements. Immediately replace any and all plant materials which, for any
reason, dies, is unhealthy or is damaged. Any trees or other plant materials
that die back and lose the form and size as originally specified shall be
replaced, even though they have taken root and are growing after the die-
TP-56
back. Replacement shall be made with plants as indicated or specified for the
original planting. All replacement of plant material shall be at the expense of
the Contractor.
J. Repair. Damage to planting areas shall be replaced and repaired
immediately.
K. Depressions caused by erosion, vehicles, bicycles or foot traffic to be filled
with topsoil and leveled. Reseed damage done to lawn areas.
L. Exterminate gophers and moles and repair damage, as approved by City of
Rosemead.
M. Herbicides, fungicides, insecticides, baits and other chemicals shall be used
in strict accordance with manufacturers recommendations and regulatory
agencies.
N. The Contractor will be relieved of maintenance work when the final 90
calendar day plant establishment work has been satisfactorily completed. If
maintenance is unsatisfactory, Contractor shall maintain work beyond the 90
calendar day period until all planting is in a healthy thriving condition as
determined by the City of Rosemead. Final acceptance of landscape work
will relieve Contractor from maintaining all planting.
3.7 CLEAN UP
A. As project progresses, Contractor shall maintain all areas in a neat manner
and remove unsightly debris as necessary. After completion of project,
Contractor shall remove all debris and containers used in accomplishing work.
The Contractor shall sweep and clean all sidewalks, asphalt and concrete
areas adjacent to plantings.
END OF SECTION 02900
TP-57
SECTION 02920
MAINTENANCE
PART 1 GENERAL
1.1 SUMMARY
A. The work includes all materials, labor, services, transportation, and
equipment necessary to perform the work as described in this specification
section.
1.2 RELATED WORK IN OTHER SECTIONS
A. Section 02230 - Site Clearing
B. Section 02810 - Landscape Irrigation
C. Section 02900 - Landscaping
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION
3.1 MAINTENANCE
A. All work shall be continuously maintained in all areas within the limit of work
during the progress of the job, the 90 day maintenance period and until the
final acceptance of the work.
B. The ninety (90) day plant maintenance period shall not commence until
written notice of approval of landscape and irrigation installation (see
Landscape Irrigation Section 02810) has been received from the City of -
Rosemead's Representative.
C. Provide the following during the final ninety (90) calendar day maintenance
period:
1. All plants and planted areas shall be kept watered.
2. Weeds, Dallis, Johnson, Kikuyu, Nut and Bermuda Grass shall be
removed.
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3. The entire project shall be so cared for that a neat and clean condition
will be presented at all times to the satisfaction of the City of
Rosemead and City of Rosemead's Representative.
D. General Weeding
1. See Planting notes on Contract Documents for pre-emergent
application.
2. Weeding Program: The Contractor shall be responsible for providing a
continuous weeding program for all project areas. Weeding shall be
done on a weekly basis and shall include any undesirable or misplaced
plant.
3. Vines: Weeds shall be removed from beds regularly, no less than
once a week, chemically or manually. Bermuda grass and other
noxious weeds shall not be allowed to become established.
E. Insect, Disease and Pest Control: The Contractor shall regularly inspect all
landscaped areas for presence of disease, insect or rodent infestation. The
Contractor shall advise the City of Rosemead within four (4) days if disease,
insect or rodent infestation is found; he shall identify the disease, insect or
rodent and specify control measures to be taken using legally approved
materials and methods. Upon written approval of the City of Rosemead's
Representative, the Contractor shall implement the approved control
measures, exercising extreme caution in the application of all spray material,
dusts or other materials utilized. The use of any chemicals for insect and
disease control shall be done by a state licensed pest control operator who
shall follow all guidelines governing his license. Extreme caution shall be
used when spraying insecticides and fungicides. Only spray when there is no
wind. City of Rosemead's Representative approval must be obtained prior to
spraying any insecticides or fungicides. All chemicals shall be used only in
the manner approved by state and county agencies.
1. Approved control measures shall be continued until the disease, insect
or rodent is controlled to the satisfaction of the City of Rosemead. The
Contractor shall utilize all safeguards necessary during disease, insect
or rodent control operations to ensure safety of the public and the
employees of the Contractor.
F. Staking and Guying: Tree stakes, ties and guys shall be checked to prevent
bark wounds caused by abrasion and corrected as needed. Ties shall be
adjusted to prevent girdling. When trees attain a trunk caliper of
approximately 4" consider removing stakes and guys based on the following
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guidelines. The tree must retain its upright position and this position must be
held regardless of moisture content of the soil. Before any stakes are
removed, remove tree ties and allow the tree to remain without support for a
period of time to observe structural stability of the tree. Remove tree stakes
only when tree has been proven to be structurally stable. Any re-staking shall
be done with originally specified materials. Guying will, over time, stretch or
loosen. Adjust as needed to retain a taut position, until such time when
guying is removed. Any tree that is damaged due to improper staking or
typing shall be replaced at the Contractor's expense.
G. Plant Replacement: Any tree and shrub that appears to have more than one-
half (1/2) of its foliage in a declining state shall be brought to the City of
Rosemead's attention immediately. Check plant for over-watering, or
drainage problems; and repair the problem prior to replacement. Replacement
plants shall be of a size, condition and variety acceptable to the City of
Rosemead. The Contractor shall replace plant material at no cost to the City
of Rosemead and subject to acceptance by the City of Rosemead.
1. Plants that show signs of failure to grow at any time during the
maintenance and guarantee period, or those plants so injured or
damaged as to render them unsuitable for the purpose intended shall
be replaced immediately at the expense of the Contractor.
2. Any trees, shrubs or grass that die or lose form and size as originally
specified shall be replaced even though they have taken root and are
growing after die-back or loss of form and size.
H. Vine Care: All vines shall be checked weekly for any breakage or damage,
special watering needs, etc. and treated as necessary. All undesirable
conditions shall be eliminated as per accepted landscape maintenance
practices. All shrubs shall be maintained in a healthy vigorous condition.
Remove all spent flowers, flower spikes and remove all leaves and debris
from plant areas daily. Hose off all plant material monthly to remove
accumulated dirt and soot.
1. Pruning: Pruning shall be performed as a continuous ongoing
operation not allowing plants to develop stray, undesirable growth, and
shall be done under the direction of a certified Arborist. Trimming,
pruning, thinning and training are functions to be done at any time at
the instruction of the City of Rosemead as deemed necessary to
maintain a pleasing appearance. Accomplish pruning by removing
woody stems from inside shrubs on an as-needed basis as directed by
the Arborist. Excessive pruning or stubbing back will not be permitted.
Shrubs should never be topped unless specifically directed by the
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Arborist or the City of Rosemead's representative. Where trees and
shrubs occur in close proximity to walks or parked cars, prune to allow
movement without interference from branches and foliage. Any
pruning not directly related to creating accessible paths for pedestrians
or cars shall not commence until written approval is given by the City of
Rosemead.
a. Shrub Pruners: Shrubs shall be pruned and thinned using
hand-held shrub pruners. Hedge shears and clippers shall not
be used.
I. Irrigation Systems Care
1. Irrigation Repair and Operation:
a. Systems Components Damage: Irrigation system components
damaged as a result of Contractor's neglect shall be repaired or
replaced by the Contractor at no cost to the City of Rosemead.
Normal wear and tear of systems, accidental breakage by
others, or so-called acts of God, are conditions under which the
Contractor is not directly responsible and repairs shall be paid
for by the City of Rosemead. The Contractor shall notify the City
of Rosemead's Representative the same day of discovery of
damage to irrigation system components caused by acts of God,
that do not result from the performance of the work by the
Contractor. Upon receipt of the City of Rosemead
Representative's written authorization, the Contractor shall
repair said damage as soon as possible and submit a change
order related to the cost of said work to the City of Rosemead's
Representative. Failure to report any damages will constitute
Contractor making repairs at his own expense. Any replacement
of irrigation system components under this subparagraph 1 shall
be original equipment types. Any substitutions for replacement
equipment shall be approved in writing from the City of
Rosemead.
b. Replacement includes, but is not limited to: irrigation system
laterals (piping), irrigation mains (pressure lines), control valves,
controllers, irrigation tubing, valve covers, boxes and lids,
including electrical pull boxes and lids, valve sleeves, quick
couplers, and hose bibs.
C. Automatic Irrigation System Failure: Irrigation shall be done by
the use of automatic irrigation systems, where available and
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operable; however, failure of the existing irrigation system to
provide full and proper coverage shall not relieve the Contractor
of the responsibility to provide adequate irrigation with full and
proper coverage to all areas in the work site.
d. Property Damage: Any damages to property resulting from
excessive irrigation water or irrigation water runoff due to the
Contractor's negligence shall be charged to the Contractor.
e. Controller and Valve Boxes: The Contractor shall keep
controller and valve boxes clear of solids and debris and
maintain the irrigation system including the replacement, repair,
adjustment, raise or lower, straighten, and any other operation
required for the continued proper operation of the system from
the water meter throughout the work site.
f. Immediately after planting, apply water to each tree and vine by
means of a hose in a moderate stream in the planting hole until
the material around the roots is completely saturated from the
bottom of the hole to the top of the ground.
g. Following the planting of ground cover, each plant shall be
immediately and thoroughly watered by means of a hose with a
slow stream of running water.
h. Apply water in sufficient quantities and as often as seasonal
conditions require to keep the ground wet, but not soaking, at all
times, well below the root systems of the plants and grass.
2. System Monitoring:
a. Contractor Monitoring: The Contractor shall inspect the
irrigation system for broken and clogged heads, malfunctioning
or leaking valves, or any other condition which hampers the
correct operation of the system. Authorization must be obtained
from the City of Rosemead before proceeding with work not
covered under normal maintenance work. The malfunctioning
sprinkler system landscape area shall be irrigated by a portable
irrigation method until all authorized repairs have been
completed to the City of Rosemead's satisfaction. Each system
shall be checked daily and all necessary adjustments made to
heads which throw onto roadways, walks, windows, or out of
intended area of coverage. The Contractor shall clean and
adjust sprinkler heads as needed for proper coverage. Each
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system shall be individually operated and observed on a regular
basis.
b. Suspension of Irrigation Operation: The Contractor shall turn off
irrigation systems during periods of rainfall and times when
suspension of irrigation is desirable to conserve water while
remaining within guidelines of good horticultural acceptable
maintenance practices.
C. System Operation Knowledge: One maintenance person shall
have the responsibility of operating and knowing the irrigation
systems adjust controllers, observe the effectiveness of the
irrigation systems, and making minor adjustments and repairs to
systems.
3. Coverage/Application Rate: Generally, watering shall be done at night,
between the hours of 12:00 A.M. and 6:00 A.M., unless otherwise
directed by the City of Rosemead. The Contractor shall operate
systems and irrigation as seasonal conditions require. During
extremely hot weather, extended holiday periods and during or
following breakdown of systems, the Contractor shall provide adequate
personnel and materials as required to adequately water all
landscaped areas. When breakdowns or malfunctions exist, the
Contractor shall water manually by whatever means necessary to
maintain all plant material in a healthy condition.
4. Tests: The Contractor shall test the soil and ground cover areas and
around trees and shrubs monthly or as necessary with soil probes to
determine that the proper amount of water is being applied at all times.
This information shall be used to adjust watering times on the controller
and supplemental hand or deep watering as necessary.
a. Soil Probe: The Contractor shall make the soil probe available
at all walk-through inspections.
5. Sub-Surface Irrigation: Areas irrigated by sub-surface irrigation will be
adequate moisture within the root zone to promote proper plant growth.
6. Maintenance Work not Included:
a. Backflow Prevention Device: Testing, certification and service
of the backflow prevention shall be done by the Contractor, and
it shall be the Contractor's responsibility to notify the City of
Rosemead's Representative should a malfunction occur.
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J. Grades: Damage to planting areas through any of the following shall be
replaced or repaired immediately by refilling with topsoil and leveling:
1. Depressions caused by vehicles, bicycles or foot traffic.
2. Damage caused by gophers and moles.
3. Erosion due to irrigation runoff.
4. Unnatural soil settling.
5. Excessive soil compaction.
K. Hardscape Care
1. Sweeping, Vacuuming and Blowing off Hardscape: All concrete work
shall be swept, vacuumed or blown off once a week. This work shall
be coordinated with mowing or other maintenance work in the area. All
gutters within the maintenance area shall be kept clean of grass
clippings and miscellaneous trash.
2. All concrete work shall be kept free of dirt, leaves and other debris from
the maintenance by or visiting the site. Debris shall be collected on a
daily basis. In general, all areas shall be policed once daily. All paper,
trash, etc., shall be disposed of off-site.
3. Hosing off Concrete Option: In general, all concrete work shall be
hosed off once a month in place of sweeping or blowing as described
above. This work should be scheduled to coincide with mowing or
other maintenance work in the area.
L. The Contractor shall be on site once weekly for a minimum of four (4) hours.
M. The Contractor is to work closely with the City of Rosemead's maintenance
division, and establish a weekly meeting with the City of Rosemead's
maintenance crew.
N. The Contractor shall replace all annual color as necessary during the
maintenance period.
0. The Contractor shall remove dead flower buds.
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P. The Contractor may be relieved of the maintenance work when the final (90)
calendar day plant establishment work has been satisfactorily completed.
Q. Extension of Maintenance Period: Continue the maintenance period at no
additional cost to the City of Rosemead until previously noted deficiencies
have been corrected.
END OF SECTION 02920
TP-65
CITY OF ROSEMEAD
WHITMORE AVENUE ROAD RESURFACING PROJECT
- PHASE II
CDBG PROJECT No. P84429
,~APP,ENDIX "A" '