CC - Item 4D - Approval of Plans and Specs and Authorization to Seek Bids for Curb House Numbering lStt ii
/ staff eport
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: KEN RUKAVINA, CITY ENGINEER
DATE: NOVEMBER 3, 1999
RE: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
SEEK BIDS FOR CURB HOUSE NUMBERING (FY 1999-2000)
The subject project provides for the painting of curb house numbering throughout the City.
The proposed schedule for construction is as follows:
Receive Bids December 2, 1999
Award Contract December 14, 1999
Begin Work January 10, 2000
Complete Work April 14, 2000
The specifications have been reviewed and are acceptable to the City Engineer. The
Engineer's estimate is $22,000.
RECOMMENDATION
It is recommended that the City Council approve the plans and specifications and authorize
advertisement for bids by the City Clerk.
Attachments
KJR:kr
999rsmarstanmuory COUNCIL AGENDA
NOV - 91999
ITEM No. LL ee p
CITY OF ROSEMEAD
ROSEMEAD, CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
�J►11 ` •
ff
i; `
., Prepared By:
Willdan Associates
Engineers and Planners
12900 Crossroads Parkway South, Suite 200
Industry, California 91746-3499
116 (562) 908-6200
s
CITY OF ROSEMEAD
ROSEMEAD, CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
Prepared By:
Willdan Associates
Engineers and Planners
12900 Crossroads Parkway South, Suite 200
Industry, California 91746-3499
(562) 908-6200
Under the Supervision of
, // / 99
ADEL M. FREIJ RCE 55564 Date
11925/3005/06-150
Speaspc9-52
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS A
INSTRUCTIONS TO BIDDERS B
PROPOSAL C
CONTRACT AGREEMENT AND BONDS D
GENERAL SPECIFICATIONS E
SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS 1-1 - 1-23
PART 2 - CONSTRUCTION MATERIALS 2-1 - 2-2
PART 3 - CONSTRUCTION METHODS 3-1 - 3-3
INSURANCE REQUIREMENTS FOR CONTRACTOR APPENDIX I
CITY OF ROSEMEAD
NOTICE INVITING SEALED BIDS
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
PUBLIC NOTICE IS HEREBY GIVEN that the City of Rosemead as AGENCY, invites
sealed bids for the above-stated project and will receive such bids in the offices of the City
Clerk, 8838 East Valley Boulevard, Rosemead, California 91770, up to the hour of 11:00
a.m., on Thursday, December 2, 1999, at which time they will be publicly opened.
Copies of the Plans, Specifications, and contract documents are available from the City of
Rosemead,8838 East Valley Boulevard, Rosemead,California, upon payment of a$10.00
nonrefundable fee, if picked up, or payment of a $17.00 nonrefundable fee, if mailed.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Compliance with the prevailing rates of wages and apprenticeship
employment standards established by the State Director of Industrial Relations will be
required. Copies of prevailing wage rates are on file and are available for inspection in the
office of the City Clerk, 8838 East Valley Boulevard, Rosemead, California.
Affirmative action to ensure against discrimination in employment practices on the basis
of race, color, national origin, ancestry, sex, or religion will also be required.
The AGENCY will retain 10 percent from all progress amounts due as specified in Section
9-3.2 of the Special Provisions. In accordance with Section 4590 of Chapter 13 of Division
5 of Title 1 of the Government Code of the State of California, the Contractor may
substitute with an escrow holder securities of equal value to the retained amount and the
Contractor shall be beneficial owner of any securities deposited for monies and shall
receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be
discriminated against on the basis of race, color, national origin, ancestry, sex, or religion
in any consideration leading to the award of contract.
In entering into a public works contract, or a subcontract, to supply goods, services, or
materials pursuant to a public works contract, the Contractor, or subcontractor, offers and
agrees to assign to the awarding body all rights, title and interest in, and to, all causes of
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action it may have under Section 4 of the Clayton Act(15 U.S.C. Section 15) or under the
Cartwright Act (Chapter 2 [commencing with Section 16700)of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made
and become effective at the time the awarding body tenders final payment to the
Contractor, without further acknowledgment by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the
INSTRUCTIONS TO BIDDERS and submitted in a sealed envelope plainly marked on the
outside.
The bid must be accompanied by certified check, cashier's check or bidder's bond made
payable to the AGENCY or cash deposit for an amount not less than 10 percent of the total
amount bid.
All bidders shall be licensed in accordance with provisions of the Business and Professions
Code and shall possess a State Contractor's License, Class C-32 or C-33, at the time of
bid submittal. The successful Contractor and his subcontractors will be required to
possess business licenses from the City.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity, and to
take all bids under advisement for a period of 45 days.
BY ORDER OF the City of Rosemead, California.
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INSTRUCTIONS TO BIDDERS
PROPOSAL FORMS
Bids shall be submitted in writing on the proposal forms provided by the AGENCY. All
information requested therein must be clearly and legibly set forth in the manner and form
indicated. The AGENCY will not consider any proposal not meeting these requirements.
PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a certified check,
cashier's check or bidder's bid bond by an "admitted surety insurer" payable to the
AGENCY or cash deposit in the amount not less than 10 percent of the total amount bid.
Any proposal not accompanied by such a guarantee will be deemed non-responsive and
will not be considered. If a bidder to whom a contract is awarded fails or refuses to
execute the contract documents or furnish the required insurance policies and bonds as
set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY.
The proposal guarantee of each bidder will be held until the successful bidder has properly
executed all contract documents.
DELIVERY OF PROPOSAL
Proposals shall be enclosed in a sealed envelope plainly marked on the outside,"SEALED
BID FOR 1999-00 CURB HOUSE NUMBERING, PROJECT NO. 99-04, IN THE CITY OF
ROSEMEAD - DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or
delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery
of the proposal to the hands of the AGENCY'S designated official prior to the bid opening
hour stipulated in the NOTICE INVITING SEALED BIDS. Late proposals will be deemed
non-responsive and will not be considered.
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests
must be delivered to the AGENCY's designated official prior to the bid opening hour
stipulated in the NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after
said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will
not prejudice the right of the bidder to submit a new proposal, providing there is time to do
so.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it
irregular and may cause its rejection. The completed proposal forms shall be without
interlineations,alterations,or erasures. Alternative proposals will not be considered unless
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specifically requested. No oral, telegraphic, or telephonic proposal, modification, or
withdrawal will be considered.
TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all
amounts bid will be deemed and held to include any such taxes which may be applicable.
DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one
proposal, all such proposals will be rejected, and the bidder will be disqualified. This
restriction does not apply to subcontractors or suppliers who may submit quotations to
more than one bidder, and while doing so, may also submit a formal proposal as a prime
contractor. No proposals will be accepted from bidders who are not licensed in accordance
with the provisions of the State Business and Professions Code; and who do not possess
a State Contractor's License, Class C-32 or C-33, at the time of bid submittal.
DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work site, Plans,
Specifications, and other contract documents, and by any other means as they may
believe necessary, as to the actual physical conditions, requirements and difficulties under
which the work must be performed. No bidder shall at any time after submission of a
proposal make any claim or assertion that there was any misunderstanding or lack of
information regarding the nature or amount of work necessary for the satisfactory
completion of the job. Any errors, omissions, or discrepancies found in the Plans,
Specifications, or other contract documents shall be called to the attention of the AGENCY
and clarified prior to the submission of proposals.
EQUIVALENT MATERIALS
Approval of equipment and materials offered as equivalents to those specified must be
obtained in writing from the Engineer. Requests for consideration of equivalents must be
submitted in writing within 35 days after award of contract and must allow sufficient time
for complete consideration of all specifications, samples, references, tests, and other
details to the full satisfaction of the Engineer without causing delay to the work.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and
Federal laws relating to bids for contracts of this nature whether the same or expressly
referred to herein or not. Any bidder submitting a proposal shall by such action thereby
agree to each and all of the terms, conditions, provisions, and requirements set forth,
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contemplated, and referred to in the Plans, Specifications, and other contract documents,
and to full compliance therewith.
AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined
solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all
proposals, to waive any irregularity, and to take the bids under advisement for a period of
45 days, all as may be required to provide for the best interests of the AGENCY. In no
event will an award be made until all necessary investigations are made as to the
responsibility and qualifications of the bidder to whom the award is contemplated. All bids
will be compared with the Engineer's Estimate.
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CITY OF ROSEMEAD
PROPOSAL
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
TO THE CITY OF ROSEMEAD, as AGENCY
In accordance with AGENCY's NOTICE INVITING SEALED BIDS, the undersigned
BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals
required for the above-stated project as set forth in the Plans, Specifications, and contract
documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site,
Plans, Specifications, INSTRUCTIONS TO BIDDERS, and all other contract documents.
If this proposal is accepted for award, BIDDER agrees to enter into a contract with
AGENCY at the unit and/or lump-sum prices set forth in the following BID SCHEDULE.
BIDDER understands that failure to enter into a contract in the manner and time prescribed
will result in forfeiture to AGENCY of the proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work,that the estimated quantities
set forth in the BID SCHEDULE are solely for the purpose of comparing bids, and that final
compensation under the contract will be based upon the actual quantities of work
satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR
DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM
FROM THE CONTRACT. It is agreed that the unit and/or lump-sum prices bid include all
appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the
amounts bid, unit prices shall govern over extended amounts, and words shall govern over
figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's
default in executing the required contract and filing the necessary bonds and insurance
certificates within 10-working days after the date of the AGENCY's notice of award of
contract to the BIDDER, the proceeds of the security accompanying this bid shall become
the property of the AGENCY and this bid and the acceptance hereof may, at the
AGENCY'S option, be considered null and void.
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BID SCHEDULE
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
ITEM ESTIMATED UNIT EXTENDED
Na DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1. Paint house number 14,500 EACH $ $
on existing curb face.
2. Remove existing 200 EACH $ $
house number.
TOTAL AMOUNT BID IN FIGURES $
TOTAL AMOUNT BID IN WORDS
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DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one-
half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows:
NAME, ADDRESS, AND TELEPHONE
NUMBER OF SUBCONTRACTORS, PORTION OF WORK
Prior to award of contract, Contractor shall submit a list of suppliers and vendors in writing
to the City Engineer.
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REFERENCES
The following are the names, addresses and telephone numbers for three public agencies
for which BIDDER has performed similar work within the past 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
The following are the names, addresses, and telephone numbers for all brokers and
sureties from whom BIDDER intends to procure insurance and bonds:
C-4
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have
been due under the requirements of any AGENCY, State, or Federal equal employment
opportunity orders have been satisfactorily filed, and that no such reports are currently
outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority
business enterprises for those portions of the work to be subcontracted, and that such
affirmative actions have been fully documented, that said documentation is open to
inspection, and that said affirmative action will remain in effect for the life of any contract
awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken
to meet all equal employment opportunity requirements of the contract documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals
are those named herein; that no officer, agent, or employee of the AGENCY is personally
interested, directly or indirectly, in this proposal; that this proposal is made without
connection to any other individual, firm, or corporation making a bid for the same work and
that this proposal is in all respects fair and without collusion or fraud.
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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name
Business Address
Telephone No.
State Contractor's License No. and Class
Original Date Issued Expiration Date
The following are the names, titles, addresses, and telephone numbers of all individuals,
firm members, partners,joint venturers, and/or corporate officers having a principal interest
in this proposal:
The date of any voluntary or involuntary bankruptcy judgements against any principal
having an interest in this proposal, or any firm, corporation, partnership or joint venturer of
which any principal having an interest in this proposal was an owner, corporate officer,
partner, or joint venturer are as follows:
All current and prior DBA's alias, and/or fictitious business names for any principal having
an interest in this proposal are as follows:
C-6(a)
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names,
titles, hands, and seals of all aforenamed principals this day of
, 19
BIDDER:
Subscribed and sworn to this day of , 19_
NOTARY PUBLIC
C-6(b)
CITY OF ROSEMEAD
PROPOSAL GUARANTEE
BID BOND
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
KNOW ALL MEN BY THESE PRESENTS that as
BIDDER, 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, as AGENCY, in the penal
sum of
Dollars ($ ), which is 10 percent of the total amount bid by BIDDER
to AGENCY for the above-stated project, for the payment of which sum, BIDDER and
SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about
to submit a bid to AGENCY for the above-stated project, if said bid is rejected, or if said bid
is accepted and a contract is awarded and entered into by BIDDER in the manner and time
specified, then this obligation shall be null and void, otherwise it shall remain in full force
and effect in favor of AGENCY.
C-7(a)
IN WITNESS WHEREOF the parties hereto have set their names,titles, hands, and seals,
this day of , 19
BIDDER*
SURETY'
Subscribed and sworn to this day of , 19
NOTARY PUBLIC
Provide BIDDER/ADMITTED SURETY name, address,and telephone number and the name,title,
address, and telephone number for authorized representative.
C-7(b)
CITY OF ROSEMEAD
CONTRACT AGREEMENT
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
This Contract Agreement is made and entered into for the above-stated project this
day of , 19_, BY AND BETWEEN the City of Rosemead, as
AGENCY, and , as CONTRACTOR.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed
Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications,
Special Provisions, Plans, and all referenced specifications, details, standard drawings,
and appendices; together with this Contract Agreement and all required bonds, insurance
certificates, permits, notices, and affidavits; and also including any and all addenda or
supplemental agreements clarifying, or extending the work contemplated as may be
required to ensure its completion in an acceptable manner. All of the provisions of said
contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by
AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for
the above-stated project, and to fulfill all other obligations as set forth in the aforesaid
contract documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full
compensation for furnishing all materials, performing all work, and fulfilling all obligations
hereunder. Said compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of the work during its progress or prior to its
acceptance, including those for well and faithfully completing the work and the whole
thereof in the manner and time specified in the aforesaid contract documents; and also
including those arising from actions of the elements, unforeseen difficulties or obstructions
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encountered in the prosecution of the work,suspension or discontinuance of the work, and
all other unknowns or risks of any description connected with the work.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ,
CONTRACTOR to provide the materials, do the work and fulfill the obligations according
to the terms and conditions herein contained and referred to, for the prices aforesaid, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the contract documents.
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring 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 certifies compliance with
such provisions.
ARTICLE VI
CONTRACTOR agrees to indemnify, defend and hold harmless AGENCY and all of its
officers and agents, including Willdan Associates, from any claims, demand, or causes of
action, including related expenses, attorney's fees, and costs, based on, arising out of, or
in any way related to the work undertaken by CONTRACTOR hereunder. In the event the
insurance coverage is on a claims made basis, the Contractor shall indemnify and hold
harmless the City and all of its officers and agents, including Willdan Associates, from any
and all claims, demands, or causes of action that arise after the expiration of the
Contractor's current policy or after the service contract has ended, for any occurrences
arising out of, or in any way related to the work undertaken by the Contractor. The liability
insurance coverage values shall be:
Insurance Coverage Limit
Requirements Requirements
Comprehensive General Liability $1,000,000
Product/Completion Operations $1,000,000
Contractual General Liability $1,000,000
Comprehensive Automobile Liability $1,000,000
A combined single-limit policy with aggregate limits in the amount of $2,000,000 will be
considered equivalent to the required minimum limits. The issuer shall be an "admitted
surety insurer" duly authorized to transact business under the laws of the State of
California.
D-2
Acceptable insurance coverage shall be placed with carriers admitted to write insurance
in California, or carriers with a rating of, or equivalent to, A:Vlll by A.M. Best & Co. Any
deviation from this rule shall require specific approval, in writing, from the City.
Insurance shall name the City of Rosemead, its officers, agents, and employees, including
Willdan Associates, as additional insured by endorsement of the Contractor's policy. A
copy of the endorsement, showing policy limits, shall be provided to the City on or before
signing this contract.
ARTICLE VII
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in
execution of this Contract Agreement represent all individuals, firm members, partners,
joint venturers, and/or corporate officers having principal interest herein.
ARTICLE VIII
BLANK
ARTICLE IX
Records and Audits. The Contractor shall maintain accounts and records, including
personnel, property, and financial records, adequate to identify and account for all costs
pertaining to the contract and such other records as may be deemed necessary by the City
to assure proper accounting for all project funds, both federal and non-federal shares.
These records will be made available for audit purposes to the City or any authorized
representative and will be retained for 5 years after the expiration of this contract, unless
permission to destroy them is granted by the City.
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IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of the
covenants herein contained and have caused this Contract Agreement to be executed in
triplicate by setting hereunto their names, titles, hands, and seals this day of
, 19
CONTRACTOR:
(Title)
Contractor's License No. Class
CITY Business License No.
Federal Tax Identification No.
Subscribed and sworn to this day of , 19
NOTARY PUBLIC
AGENCY:
Mayor of the City of Rosemead
Attested
City Clerk of the City of Rosemead Date
Approved as to form
City Attorney of the City of Rosemead Date
D-4
CITY OF ROSEMEAD
FAITHFUL PERFORMANCE BOND
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
KNOW ALL MEN BY THESE PRESENTS that as
CONTRACTOR 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, as AGENCY, in the penal
sum of
Dollars ($ ), which is 100 percent of the total contract amount for the
above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree
to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas CONTRACTOR has
been awarded and is about to enter into the annexed Contract Agreement with AGENCY
for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations
under the contract documents in the manner and time specified therein,then this obligation
shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY;
provided that any alterations in the obligations or time for completion made pursuant to the
terms of the contract documents shall not in any way release either CONTRACTOR or
SURETY, and notice of such alterations is hereby waived by SURETY.
D-5(a)
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals
this day of , 19 .
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 19
NOTARY PUBLIC
Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the
name, title, address, and telephone number for authorized representative.
D-5(b)
CITY OF ROSEMEAD
MATERIAL AND LABOR BOND
FOR
1999-00 CURB HOUSE NUMBERING
PROJECT NO. 99-04
IN THE CITY OF ROSEMEAD
KNOW ALL MEN BY THESE PRESENTS that , as
CONTRACTOR, 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, as AGENCY, in the penal sum of
Dollars ($ ), which is 50 percent of the total contract amount for the
above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to
be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas CONTRACTOR has
been awarded and is about to enter into the annexed Contract Agreement with AGENCY
for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any
labor or material of any kind used in the performance of the work to be done under said
contract, or fails to submit amounts due under the State Unemployment Insurance Act with
respect to said labor, SURETY will pay for the same in an amount not exceeding the sum
set forth above, which amount shall inure to the benefit of all persons entitled to file claims
under the State Code of Civil Procedures; provided that any alterations in the work to be
done, materials to be furnished, or time for completion made pursuant to the terms of the
contract documents shall not in any way release either CONTRACTOR or SURETY, and
notice of said alterations is hereby waived by SURETY.
D-6(a)
IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this
day of , 19_
CONTRACTOR*
SURETY'
Subscribed and sworn to this day of , 19
NOTARY PUBLIC
• Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the
name, title, address, and telephone number for authorized representative.
D-6(b)
GENERAL SPECIFICATIONS
SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor, and
incidentals as required by the Plans, Specifications, and contract documents. The general
items of work include removal and painting of existing curb house numbers throughout the
City of Rosemead.
LOCATION OF WORK
The general locations and limits of the work are at various locations within the City of
Rosemead.
TIME FOR COMPLETION
The Contractor shall complete all work in every detail within sixty (60)working days after
the date in the Notice to Proceed with Work, exclusive of maintenance periods.
NOTIFICATION
The Contractor shall notify WILLDAN ASSOCIATES and the owners of all utilities and
substructures not less than 48 hours prior to starting construction. The following list of
names and telephone numbers is intended for the convenience of the Contractor and is
not guaranteed to be complete or correct:
WILLDAN ASSOCIATES (562) 908-6262
Attention: Mr. Adel Freij
CITY OF ROSEMEAD (626) 288-6671
Attention: Mr. Ken Rukavina
PACIFIC BELL (310) 324-3950
Attention: Mr. Pat Haupenshal
THE GAS COMPANY (323) 881-8143
Attention: Mr. Abel Garcia
SOUTHERN CALIFORNIA EDISON COMPANY (323) 720-5269
Attention: Mr. Bola Avorinde
SOUTHERN CALIFORNIA WATER COMPANY (626) 446-1372
Attention: Mr. Dean Robinson
E-1
SAN GABRIEL VALLEY WATER COMPANY (626) 448-6183
Attention: Mr. Luis Montenegro
CITY OF MONTEREY PARK (626) 307-1320
Attention: Mr. Ronald Merry
SAN GABRIEL COUNTY WATER DISTRICT (626) 287-0341
Attention: Mr. Steven Terra
CALIFORNIA AMERICAN WATER COMPANY (626) 289-7924
Attention: Mr. Jay Burnett
AMARILLO MUTUAL WATER COMPANY (626) 571-7533
Attention: Ms. Michele Andrews
METROPOLITAN WATER DISTRICT (213) 217-7723
Attention: Mr. Benny Lee
ADAMS RANCH MUTUAL WATER COMPANY (626) 444-6050
Attention: Mr. Dominic Cimarusti
CHARTER COMMUNICATIONS (626) 463-1979
Attention: Ms. Beth King
LOS ANGELES COUNTY DEPARTMENT
OF PUBLIC WORKS (626 458-7039
Attention: Mr. Robert L. Grindle
LOS ANGELES COUNTY SANITATION DISTRICT (213) 774-7272
Attention: Mr. John Redner
UNDERGROUND SERVICE ALERT (800) 422-4133
EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the Contractor and subcontractors, or
their representatives, shall be filed with the Engineer and the County Sheriffs Department
or the City Police Department prior to beginning work.
STANDARD SPECIFICATIONS
The Standard Specifications of the AGENCY are contained in the 1997 Edition of the
"Greenbook," Standard Specifications for Public Works Construction, including all
supplements, as written and promulgated by the Joint Cooperative Committee of the
Southern California Chapter of the American Public Works Association and the Southern
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California District of the Associated General Contractors of California. Copies of these
Standard Specifications are available from the publisher, Building News, Incorporated,
1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970.
The Standard Specificationsset forth above will control the general provisions,construction
materials, and construction methods for this contract, except as amended by the Plans,
Special Provisions, or other contract documents. The following Special Provisions are
supplementary and in addition to the provisions of the Standard Specifications unless
otherwise noted and the section numbers of the Special Provisions coincide with those of
the said Standard Specifications. Only those sections requiring elaborations,amendments,
specifying of options, or additions are called out.
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SPECIAL PROVISIONS
PART 1
GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS
1-2 DEFINITIONS
AGENCY: City of Rosemead
City: City of Rosemead
Board: City Council of the City of Rosemead
County: County of Los Angeles
Engineer: The City Engineer of the City of Rosemead or his
authorized representative
Federal: United States of America
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF CONTRACT
Within 10-working days after the date of the AGENCY's notice of award, the
Contractor shall execute and return the following contract documents to the
AGENCY:
Contract Agreement
Faithful Performance Bond
Material and Labor Bond
Public Liability and Property Damage Insurance Certificate
Worker's Compensation Insurance Certificate
Failure to comply with the above will result in annulment of the award and forfeiture
of the Proposal Guarantee.
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The Contract Agreement shall not be considered binding upon the AGENCY until
executed by the authorized AGENCY officials.
A corporation to which an award is made may be required, before the Contract
Agreement is executed by the AGENCY, to furnish evidence of its corporate
existence, of its right to enter into contracts in the State of California, and that the
officers signing the contract and bonds for the corporation have the authority to do
so.
2-3 SUBCONTRACTS
2-3.1 General. The seventh paragraph of Subsection 2-3.1 of the Standard
Specifications is hereby deleted and replaced with the following:
The Contractor shall perform or provide, with its own organization, contract
labor, materials, and equipment amounting to at least 50 percent of the
Contract Price. The contract labor performed or provided by the Contractor
shall amount to at least 25 percent of the total contract labor for the Contract.
Contract labor shall exclude superintendence. Any designated "Specialty
Items" may be performed by subcontract and the amount of any such
"Specialty Items" so performed may be deducted from the Contract Price
before computing the amount of contract labor, materials, and equipment
required to be performed or provided by the Contractor with its own
organization. Where an entire item is subcontracted, the value of contract
labor, materials, and equipment subcontracted will be based on the Contract
Unit or Lump-Sum Price. When a portion of an item is subcontracted, the
value of contract labor, materials, and equipment subcontracted will be
based on the estimated percentage of the Contract Unit or Lump-Sum Price,
determined from information submitted by the Contractor, subject to approval
by the Engineer.
2-4 CONTRACT BONDS
The Faithful Performance Bond shall remain in force for a period of 1 year after the
date of recordation of the Notice of Completion. The Material and Labor Bond shall
remain in force until 35 days after the date of recordation of the Notice of
Completion.
The second sentence of the third paragraph of Subsection 2-4 of the Standard
Specifications is hereby deleted and replaced with the following:
The "Payment Bond" (Material and Labor Bond) shall be for not less than 50
percent of the contract price, to satisfy claims of material suppliers and of
mechanics and laborers employed by it on the work.
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2-5 PLANS AND SPECIFICATIONS
2-5.1 General. The Contractor shall maintain a control set of Plans and
Specifications on the project site at all times. All final locations determined
in the field, and any deviations from the Plans and Specifications, shall be
marked in red on this control set to show the as-built conditions. Upon
completion of all work, the Contractor shall return the control set to the
Engineer. Final payment will not be made until this requirement is met.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment.
Subsection 3-3.2.1 is hereby deleted and replaced with the following.
3-3.2.1 General. When the price for the extra work cannot be agreed upon,
payment for extra work by cost plus a differential for labor, materials and
equipment shall be considered payment under force account basis. The
labor, materials, and equipment provided shall be subject to the approval of
the Engineer and compensation will be determined as provided herein.
3-3.2.2 Basis of Establishing Costs.
Subsection 3-3.2.2(a) is hereby deleted and replaced with the following.
3-3.2.2(a) Labor.
The Contractor will be paid the cost of labor for the workmen
(including foremen when authorized by the Engineer), used in the
actual and direct performance of the work. The cost of labor,whether
the employer is the Contractor, subcontractor, or other forces will be
the sum of the following:
3-3.2.2.(a).1 Actual Wages. The actual wages paid shall
include any employer payments to or on behalf of the workmen
for health and welfare, pension, vacation, and similar
purposes.
3-3.2.2.(a).2 Labor Surcharge. To the actual wages, as
defined in Section 3-3.2.2.(a).1, will be added a labor sur-
charge set forth in the Department of Transportation publica-
tion entitled "Labor Surcharge and Equipment Rental Rates,"
which is in effect on the date upon which the work is accom-
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Wished and which is a part of the contract. Said labor
surcharge shall constitute full compensation for all payments
imposed by State and Federal laws and for all other payments
made to, or on behalf of, the workmen, other than actual
wages as defined in Section 3-3.2.2(a).1 and subsistence and
travel allowance as specified in Section 3-3.2.2(a).3.
3-3.2.2.(a).3 Subsistence and Travel Allowance. The actual
subsistence and travel allowance paid to such workmen.
Subsection 3-3.2.2(c) is hereby deleted and replaced with the following:
3-3.2.2.(c) Equipment Rental.
The Contractor will be paid for the use of equipment at the rental rates
listed for such equipment in the Department of Transportation
Publication entitled "Labor Surcharge and Equipment Rental Rates,"
which is in effect on the date upon which the work is accomplished
and which is a part of the contract, regardless of ownership and any
rental or other agreement, if such may exist, for the use of such
equipment entered into by the Contractor. If it is deemed necessary
by the Engineer to use equipment not listed in the said publication, a
suitable rental rate for such equipment will be established by the
Engineer. The Contractor may furnish any cost data which might
assist the Engineer in the establishment of such rental rate.
The rental rates paid as provided above shall include the cost of fuel,
oil, lubrication, supplies, small tools, necessary attachments, repairs,
and maintenance of any kind, depreciation, storage, insurance, and
all incidentals.
Operators of rented equipment will be paid for as provided in Section
3-3.2.2(a), "Labor."
All equipment shall, in the opinion of the Engineer, be in good working
condition and suitable for the purpose for which the equipment is to
be used.
Unless otherwise specified, manufacturer's ratings and manufacturer
approved modifications shall be used to classify equipment for the
determination of applicable rental rates. Equipment which has no
direct power unit shall be powered by a unit of at least the minimum
rating recommended by the manufacturer.
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Individual pieces of equipment or tools not listed in said publication
and having a replacement value of $200 or less, whether or not
consumed by use, shall be considered to be small tools and no
payment will be made therefore.
Rental time will not be allowed when equipment is inoperative due to
breakdowns.
3-3.2.2(c).1 Equipment on the Work. The rental time to be
paid for equipment on the work shall be the time the equipment
is in operation on the extra work being performed, and in
addition, shall include the time required to move the equipment
to the location of the extra work and return it to the original
location or to another location requiring no more time than that
required to return it to its original location, except that moving
time will not be paid for if the equipment is used at the site of
the extra work on other than such extra work. Loading and
transporting costs will be allowed, in lieu of moving time, when
the equipment is moved by means other than its own powers,
except that no payment will be made if the equipment is used
at the site of the extra work on other than such extra work.
The following shall be used in computing the rental time of equipment
on the work:
1. When hourly rates are listed, less than 30 minutes of operation
shall be considered to be 1/2 hour of operation.
2. When daily rates are listed, less than 4 hours of operation shall
be considered to be 1/2 day of operation.
3-3.2.2.(c).2 Equipment not on the Work. For the use of
equipment moved in on the work and used exclusively for
extra work paid for on a force account basis, the Contractor will
be paid the rental rates listed in the Department of
Transportation publication entitled "Labor Surcharge and
Equipment Rental Rates," which is in effect on the date upon
which the work is accomplished and which is a part of the
contract, or determined as provided in Section 3-3.2.2(c) and
for the cost of transporting the equipment to the location of
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the work and its return to its original location, all in accor-
dance with the following provisions:
1. The original location of the equipment to be hauled to
the location of the work shall be agreed to by the
Engineer in advance.
2. The Agency will pay the costs of loading and unloading
such equipment.
3. The cost of transporting equipment in low bed trailers
shall not exceed the hourly rates charged by estab-
lished haulers.
4. The cost of transporting equipment shall not exceed the
applicable minimum established rates of the Public
Utilities Commission.
5. The rental period shall begin at the time the equipment
is unloaded at the site of the extra work, shall include
each day that the equipment is at the site of the extra
work,excluding Saturdays,Sundays,and legal holidays
unless the equipment is used to perform the extra work
on such days, and shall terminate at the end of the day
on which the Engineer directs the Contractor to
discontinue the use of such equipment. The rental time
to be paid per day will be in accordance with the
following:
Hours Equipment Hours to
is in Operation be Paid
0 4
0.5 4.25
1 4.5
1.5 4.75
2 5
2.5 5.25
3 5.5
3.5 5.75
4 6
4.5 6.25
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Hours Equipment Hours to
is in Operation be Paid
5 6.5
5.5 6.75
6 7
6.5 7.25
7 7.5
7.5 7.75
8 8
Over 8 Hours in Operation
The hours to be paid for equipment which is operated
less than 8 hours due to breakdowns shall not exceed
8 less the number of hours the equipment is inoperative
due to breakdowns.
When hourly rates are listed, less than 30 minutes of
operation shall be considered to be%z hour of operation.
When daily rates are listed, payment for % day will be
made if the equipment is not used. If the equipment is
used, payment will be made for 1 day.
The minimum rental time to be paid for the entire rental
period on an hourly basis shall not be less than 8 hours
or if on a daily basis shall not be less than 1 day.
6. Should the Contractor desire the return of the equip-
ment to a location other than its original location, the
Agency will pay the cost of transportation in accordance
with the above provisions, provided such payment shall
not exceed the cost of moving the equipment to the
work.
7. Payment for transporting, loading and unloading
equipment, as provided above, will not be made if the
equipment is used on the work in any other way than
upon extra work paid for on a force account basis.
When extra work, other than work specifically designated as extra
work in the Plans and Specifications, is to be paid for on a force
account basis and the Engineer determines that such extra work
requires the Contractor to move on to the work equipment which
could not reasonably have been expected to be needed in the
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performance of the contract,the Engineer may authorize payment for
the use of such equipment at equipment rental rates in excess of
those listed as applicable for the use of such equipment subject to the
following additional conditions:
1. The Engineer shall specifically approve the necessity for the
use of particular equipment on such work.
2. The Contractor shall establish, to the satisfaction of the
Engineer, that such equipment cannot be obtained from his
normal equipment source or sources and those of his
subcontractors.
3. The Contractor shall establish to the satisfaction of the
Engineer that the proposed equipment rental rate for such
equipment from his proposed source is reasonable and
appropriate for the expected period of use.
4. The Engineer shall approve the equipment source and the
equipment rental rate to be paid by the Agency before the
Contractor begins work involving the use of said equipment.
3.2.2(c).3 Owner-Operated Equipment. When owner-operated
equipment is used to perform extra work to be paid for on a force
account basis, the Contractor will be paid for the equipment and
operator, as follows:
Payment for the equipment will be made in accordance with the
provisions in Section 3-3.2.2(c), "Equipment Rental."
Payment for the cost of labor and subsistence or travel allowance will
be made at the rates paid by the Contractor to other workmen
operating similar equipment already on the project or, in the absence
of such other workmen, at the rates of such labor established by
collective bargaining agreements for the type workman and location
of work whether or not the owner-operator is actually covered by such
an agreement. A labor surcharge will be added to the cost of labor
described herein, in accordance with the provisions in Section 3-
3.2.2(a), "Labor."
To the direct cost of equipment rental and labor, computed as
provided herein,will be added to the markups for the equipment rental
and labor as provided in Section 3-3.2.3 "Mark-up."
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3-3.2.3 Mark-up.
The text of Subsection 3-3.2.3 is hereby deleted and replaced with the
following:
(a) Work by Contractor. The following percentages shall be added
to the Contractor's costs and shall constitute the mark-up for
all overhead and profits, which shall be deemed to include all
items of expense not specifically designated as cost or
equipment rental in Sections 3-3.2.2(a) and 3-3.2.2(b),
"Materials," and 3-3.2.2(c), "Equipment Rental."
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and mark-ups provided for in this
subsection, 1 percent shall be added as compensation for
bonding.
(b) Work by Subcontractor. When all or any part of the extra work
is performed by a subcontractor, the mark-up established in
Subsection 3-3.2.3(a) shall be applied to the subcontractor's
actual cost of such work, to which a mark-up of 10 percent on
the first $2,000 of the subcontracted portion of the extra work
and a mark-up of 5 percent on work added in excess of$2,000
of the subcontracted portion of the extra work may be added
by the Contractor.
3-5 DISPUTED WORK
3-5.1 Claims and Disputes During Performance:
The following procedures and requirements shall apply and be fully complied
with for any claim or dispute to be considered for payment as extra work:
Procedure:
A. The Contractor and the City shall make good-faith attempts to resolve
any and all claims and disputes that may from time to time arise
during the performance of the Work of this contract. If the Contractor
considers any Work required of them to be outside the requirements
of the Contract, or if they consider any instruction, meaning,
requirement, ruling or decision of the City or its representative to be
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unauthorized, they shall, within seven (7) calendar days after such
demand is made, or instruction is given,file a written protest(dispute)
with the City stating clearly and in detail their objection and reason
therefore. The Contractor shall promptly comply with the Work
required of them even though a written protest has been filed. If a
written protest is not issued within seven (7) calendar days, the
Contractor shall waive their right to further claim on the specific issue.
B. The City will review the Contractor's written protest and provide a
decision, if the contractor still considers the Work required of them to
be outside of the requirements of the Contract,they shall so notify the
City, in writing, within seven (7) calendar days after receiving the
decision that a formal claim will be issued. Within thirty(30)calendar
days of receiving the decision, the Contractor shall submit their claim
and all arguments, justification, cost or estimate, schedule analysis,
and detailed documentation supporting their position. Failure to
furnish notification within seven (7) calendar days and all justifying
documentation within thirty (30) calendar days will result in the
Contractor waiving their right to the subject claim.
C. Upon receipt of the Contractor's formal claim, including all arguments,
justification, cost or estimates,schedule analysis, and documentation
supporting their position as previously stipulated, the City or its
representative will review the issue and within thirty (30) calendar
days from receipt of the Contractor's claim render a final
determination.
Certification:
A. The Contractor shall submit with the claim their and Subcontractors'
certifications under penalty of perjury that:
1. The claim is made in good faith.
2. Supporting data are accurate and complete to the best of the
Contractor's knowledge and belief.
3. The amount requested accurately reflects the Contract
adjustment for which the Contractor believes the City is liable.
4. If the Contractor is an individual, the certification shall be
executed by that individual.
5. If the Contractor is not an individual, the certification shall be
executed by an officer or general partner of the Contractor
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having overall responsibility for the conduct of the Contractor's
affairs.
6. If a false claim is submitted, it will be considered fraud and the
Contractor may be subject to criminal prosecution.
B. In regard to any claim or portion of a claim for Subcontractor work,the
Contractor shall fully review said claim and certify said claim, under
penalty of perjury, to have been made in good faith.
C. Failure to furnish certification as required hereinbefore will result in the
Contractor waiving their right to the subject claim.
Claim Format
A. The Contractor shall submit the claim justification in the following
format:
1. Summary of claim merit and quantum plus clause under which
the claim is made.
2. List of documents relating to claim:
a. Specifications.
b. Drawings.
c. Clarifications/Requests for information.
d. Schedules.
e. Other.
3. Chronology of events and correspondence.
4. Analysis of claim merit.
5. Analysis of claim cost.
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SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. The Contractor and all subcontractors, suppliers, and
vendors, shall guarantee that the entire work will meet all requirements of
this contract as to the quality of materials, equipment, and workmanship.
The Contractor, at no cost to the AGENCY, shall make any repairs or
replacements made necessary by defects in materials, equipment, or
workmanship that become evident within 1 year after the date of recordation
of the Notice of Completion. Within this 1-year period, the Contractor shall
also restore to full compliance with requirements of this contract any portion
of the work which is found to not meet those requirements. The Contractor
shall hold the AGENCY harmless from claims of any kind arising from
damages due to said defects or noncompliance. The Contractor shall make
all repairs, replacements, and restorations within 30 days after the date of
the Engineer's written notice.
4-1.4 Test of Materials. Except as elsewhere specified, the AGENCY will
bear the cost of testing material and/or workmanship which meet or exceed
the requirements indicated in the Standard Specifications and the Special
Provisions. The cost of all other tests, including the retesting of material or
workmanship that fails to pass the first test, shall be borne by the Contractor.
4-1.5 Certification. A Certificate of Compliance shall be furnished prior to
the use of any materials for which these Specifications or the special
provisions require that such a certificate be furnished. In addition, when so
authorized in these Specifications or in the Special Provisions,the Engineer
may permit the use of certain materials or assemblies prior to sampling and
testing if accompanied by a Certificate of Compliance. The certificate shall
be signed by the manufacturer of the material or the manufacturer of
assembled materials and shall state that the materials involved comply in all
respects with the requirements of the specifications. A Certificate of
Compliance shall be furnished with each lot of material delivered to the work
and the lot so certified shall be clearly identified in the certificate.
All materials used on the basis of a Certificate of Compliance may be
sampled and tested at any time. The fact that material is used on the basis
of a Certificate of Compliance shall not relieve the Contractor of responsibility
for incorporating material in the work which conforms to the requirements of
the Plans and Specifications, and any such material not conforming to such
requirements will be subject to rejection whether in place or not.
The Agency reserves the right to refuse to permit the use of material on the
basis of a Certificate of Compliance.
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The form of the Certificate of Compliance and its disposition shall be as
directed by the Engineer.
4-1.6 Trade Names or Equals. Approval of equipment and materials offered
as equivalents to those specified must be obtained as set forth in the
Instructions to Bidders.
SECTION 5 - UTILITIES
5-1 LOCATION
The location and existence of any underground utility or substructure was obtained
from a search of available records. No guarantee is made or implied that the
information is complete or accurate. It shall be the Contractor's responsibility alone
to determine the exact location of underground utilities or substructures of every
nature and to protect them from damage. The Contractor shall excavate and
expose all high risk underground facilities.
The Contractor shall notify the owners of all utilities and substructures as set forth
in the General Specifications.
5-4 RELOCATION
The second sentence of the last paragraph of Subsection 5-4 of the Standard
Specifications is hereby deleted and replaced with the following:
When not otherwise required by the Plans and Specifications and when directed by
the Engineer, the Contractor shall arrange for the relocation of service connections
as necessary between the meter and property line, or between the meter and limits
of construction.
5-5 DELAYS
The Contractor will not be entitled to damages or additional payment for delays
attributable to utility relocations or alterations if correctly located, noted, and
completed in accordance with Subsection 5-1 of the Standard Specifications. The
Contractor shall ascertain further detailed information to coordinate his work to this
effect.
All notification of utility companies shall be done by the Engineer based on
Contractor's request as submitted to the Engineer at least 24 hours in advance of
the needed work. Any costs for delay of the Contractor by utility companies in this
regard shall be assigned to the Contractor, if these costs are a result of the
Contractor's request being untimely in any respect, except for the utility company
not responding at their agreed time before the 24-hour period elapses.
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Compensation for idle time due to delays shall be in conformance with Subsection
8-1.09 of the State Standard Specifications wherein reference to Section 4-1.03D
shall mean Subsection 3-3.1 of the Standard Specifications.
SECTION 6 - PROSECUTION. PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor's proposed Construction Schedule shall be submitted to the
Engineer within 10-working days after the date of the AGENCY's execution of the
Contract Agreement. The schedule shall be supported by written statements from
each supplier of materials of equipment indicating that all orders have been placed
and acknowledged, and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed with Work, the Engineer will schedule a
preconstruction meeting with the Contractor to review the proposed Construction
Schedule and delivery dates, arrange utility coordination, discuss construction
methods, and clarify inspection procedures.
The Contractor shall submit periodic Progress Reports to the Engineer by the 5th
day of each month. The report shall include an updated Construction Schedule.
Any deviations from the original schedule shall be explained. Progress payments
will be withheld pending receipt of any outstanding reports.
6-2 PROSECUTION OF WORK
The following is hereby added to Section 6-2:
The City shall be divided into three quadrants: one north of the 10 Freeway,and two
south of the 10 Freeway - one on the east and one on the west of Walnut Grove
Avenue. All painting shall be completed in one quadrant at a time before any work
begins in a new quadrant.
6-6 DELAYS AND EXTENSIONS OF TIME
6-6.1 General.
If the Contractor desires payment for a delay as specified in Subsection 6-6.3
of the Standard Specifications, it shall notify the Engineer in writing within 3
days of beginning of the delay. If the Contractor desires an extension of time
as specified in Subsection 6-6.2 of the Standards Specifications, it shall
notify the Engineer in writing within 3 days of beginning of the delay. Such
notice shall specify the nature of the delay and the conditions which set the
beginning time for the delay.
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Utility delays subject to the provisions of Subsection 5-5 of the Standard
Specifications shall only be granted time extensions or payment for delay
based on strict conformance with Subsections 6-6.2, 6-6.3, and 6-6.4 in the
Standard Specifications and as those subsections are modified in the
General Conditions.
6-6.3 Payment for Delays to Contractor
Compensation for idle time due to delays shall be in conformance with
Subsection 8-1.09 of the State Standard Specifications wherein reference to
Section 4-1.03D shall mean Subsection 3-3.1, of the Standard
Specifications.
6-6.4 Written Notice and Report. The first sentence of subsection 6-6.4 is
hereby deleted and replaced with the following:
If the Contractor desires payment for a delay as specified in Subsection 6-6.3
of the Standard Specifications, it shall notify the Engineer in writing within 3
days of beginning of the delay. If the Contractor desires an extension of time
as specified in Subsection 6-6.2 of the Standards Specifications, it shall
notify the Engineer in writing within 3 days of beginning of the delay. Such
notice shall specify the nature of the delay, cause, and the conditions which
set the beginning time for the delay.
6-7 TIME OF COMPLETION
6-7.1 General. The time for completion shall be as noted in the General
Specifications.
6-7.2 Working Day. The Contractor's activities shall be confined to the
hours between 7 a.m. and 3:30 p.m. Monday through Friday, excluding
holidays. Deviation from these hours will not be permitted without the prior
consent of the Engineer, except in emergencies involving immediate hazard
to persons or property. In the event of either a requested or emergency
deviation, inspection service fees will be charged against the Contractor.
The service fees will be calculated at overtime rates, including benefits,
overhead, and travel time. The service fees will be deducted from any
amounts due the Contractor.
6-9 LIQUIDATED DAMAGES
The liquidated damages value is hereby amended to be two hundred and fifty
dollars ($250) per day.
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SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES
A noise level limit of 86 dBA at the distance of 15 meters (50 feet) shall apply to all
construction equipment on or related to the job whether owned by the Contractor
or not. The use of excessively loud warning signals shall be avoided, except in
those cases required for the protection of personnel.
7-2 LABOR
7-2.2 Laws. The Contractor, and all subcontractors, suppliers and vendors,
shall comply with all AGENCY, State and Federal orders regarding
affirmative action to ensure equal employment opportunities and fair
employment practices. Failure to file any report due under said orders will
result in suspension of periodic progress payments.
The Contractor shall ensure unlimited access to the job site for all equal
employment opportunity compliance officers.
7-3 LIABILITY INSURANCE
The first four paragraphs of Section 7-3 are amended to read as follows:
The Contractor shall furnish the AGENCY a policy or certificate of liability insurance
in which the AGENCY and all of its officers, consultants and agents, including
Willdan Associates, are named insured or are named as an additional insured with
the Contractor. Notwithstanding any inconsistent statements in the policy or any
subsequent endorsement attached thereto, the AGENCY and all of its officers,
consultants and agents, including Willdan Associates,shall be the insured or named
as an additional insured covering the Work, whether liability is attributable to the
Contractor or the AGENCY or its officers, consultants or agents, including Willdan
Associates. The policy shall insure AGENCY and all of its officers, consultants and
agents, including Willdan Associates, while acting within the scope of their duties
of the Work, against all claims arising out of or in connection with the Work, except
as provided for in Subsection 6-10.
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The Contractor may file insurance acceptable to the AGENCY covering more than
one project. The coverage shall provide the following minimum limits:
Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $1,000,000
Product/Completed Operations Hazard $1,000,000
Comprehensive Automobile Liability $1,000,000
Contractual General Liability $1,000,000
A combined single-limit policy with aggregate limits in the amount of$2,000,000 will
be considered equivalent to the required minimum limits.
The issuer shall be an"admitted surety insurer'duly authorized to transact business
under the laws of the State of California.
Acceptable insurance coverage shall be placed with carriers admitted to write
insurance in California, or carriers with a rating of, or equivalent to, A:Vlll by A.M.
Best & Co. Any deviation from this rule shall require specific approval in writing
from the City.
Except as provided for in Subsection 6-10, the Contractor shall save, keep, and
hold harmless the AGENCY and all of its officers,consultants, and agents, including
Willdan Associates, from all damages, costs or expenses in law or equity that may
at any time arise or be set up because of damages to property, or of personal injury
received by reason of or in the course of performing work, which may be caused by
any willful or negligent act or omission by the Contractor, any of the contractors
employees, or any Subcontractor. The AGENCY and all of its officers, consultants,
and agents, including Willdan Associates, will not be liable for any accident, loss,
or damage to the Work prior to the completion or acceptance, except as provided
for in Subsection 6.10.
The Contractor's insurance shall also comply with the requirements of Appendix I,
"Insurance Requirements for Contractors".
A copy of the endorsement, showing policy limits, shall be provided to the City on
or before signing this contract.
7-5 PERMITS
The text of Subsections 7-5 of the Standard Specifications is hereby deleted and
replaced with the following:
Prior to the start of any work, the Contractor shall take out the applicable City
permits and make arrangements for City inspections. The City will issue the permits
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at no charge to the Contractor. The Contractor and all subcontractors shall each
obtain a City business license and shall be licensed in accordance with State
Business and Professions Code. The Contractor shall also obtain any and all other
permits, licenses, inspections, certificates or authorizations required by any
governing body or entity.
The Contractor shall pay all cost incurred by the permit requirements.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The second paragraph of Subsection 7-9 of the Standard Specifications is hereby
deleted and replaced with the following:
The Contractor shall relocate, repair, replace or re-establish all existing
improvements within the project limits which are not designated for removal (e.g.,
curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility
installations, pavements, structures, etc.) which are damaged or removed as a
result of his operations or as required by the Plans and Specifications.
Where existing traffic striping, pavement markings and curb markings are damaged
or their reflectivity reduced by the Contractor's operations,such striping or markings
shall also be considered as existing improvements and the Contractor shall repaint
or replace such improvements.
Relocations, repairs, replacements or re-establishments shall be at least equal to
the existing improvements and shall match such improvements in finish and
dimensions unless otherwise specified.
The last paragraph of Subsection 7-9 of the Standard Specifications is hereby
deleted and replaced with the following:
All costs to the Contractor for protecting, removing, restoring, relocating, repairing,
replacing or re-establishing existing improvements shall be included in the bid.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. The Contractor shall notify the occupants of all
affected properties at least 48 hours prior to any temporary obstruction of
access. Vehicular access to property line shall be maintained, except as
required for construction for a reasonable period of time. No overnight
closure of any driveway will be allowed, except as permitted by the Engineer.
At least one 3.60 meters (12 feet)wide traffic lane shall be provided for each
direction of travel on all streets at all times, except as permitted by the
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Engineer. The traffic lanes shall be maintained on pavement and shall
remain unobstructed.
Clearances from traffic lanes shall be 1.5 meters (5 feet)to the edge of any
excavation and 0.60 meters (2 feet) to the face of any curb, pole, barricade,
delineator or other vertical obstruction.
One 1.2 meters(4-feet)wide paved pedestrian walkway shall be maintained
in the parkway area on each side of all streets. The clearance from the
pedestrian walkway to any traffic lane shall be 1.5 meters (5 feet).
7-10.3 Street Closures, Detours, Barricades. Street closures will not be
allowed, except as specifically permitted by the Engineer.
The Contractor shall prepare any traffic control or detour plans that may be
required as directed by the Engineer.
Lane transitions shall conform to the Caltrans Traffic Manual, Section 5-08.4,
"Transition Area."
Temporary traffic channelization shall be accomplished with barricades or
delineators. Temporary striping will not be allowed unless specifically
permitted by the Engineer. The Contractor shall prepare any plans that may
be required for temporary striping to the satisfaction of the Engineer. In no
event will temporary striping be allowed on finished pavement surfaces which
are to remain.
The Contractor shall schedule an employee to police the temporary
delineators and barricades within the travel way during weekday, nonworking
hours and over Saturdays, Sundays, and holidays. Any corrective work
required to be done by Agency forces shall be back charged to the
Contractor based on the actual costs, plus Agency overhead and withheld
from the final payment.
7-10.5 Protection of the Public. Subsection 7-10.5 is hereby added to
Section 7 of the Standard Specifications as follows:
It is part of the service required of the Contractor to make whatever
provisions are necessary to protect the public. The Contractor shall use
foresight and shall take such steps and precautions as his operations
warrant to protect the public from danger, loss of life or loss of property which
would result from interruption or contamination of public water supply,
interruption of other public service or from the failure of partly completed
work or partially removed facilities. Unusual conditions may arise on the
work which will require that immediate and unusual provisions be made to
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protect the public from danger or loss, or damage to life and property, due
directly or indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against
which the Contractor has not taken sufficient precaution for the public safety,
protection of utilities and protection of adjacent structures or property, which
may be damaged by the Contractor's operations and when, in the opinion of
the Engineer, immediate action shall be considered necessary in order to
protect the public or property due to the Contractor's operations under this
contract, the Engineer will order the Contractor to provide a remedy for the
unsafe condition. If the Contractor fails to act on the situation within a
reasonable time period,the Engineer may provide suitable protection to said
interests by causing such work to be done and material to be furnished as,
in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and
expense of such repairs as are deemed necessary, shall be borne by the
Contractor. All expenses incurred by the AGENCY for emergency repairs
will be deducted from the progress payments and the final payment due to
the Contractor. However, if the AGENCY does not take such remedial
measures, the Contractor is not relieved of the full responsibility for public
safety.
7-15 RECYCLING OF MATERIALS
Subsection 7-15 is hereby added to the Standard Specifications.
7-15.1 Contractor's Obligation. Recycling of Asphalt Concrete, Portland
Cement Concrete,Aggregate Base,and Green Waste(trees and shrubs)are
required. All recycled materials shall be weighed on a certified weigh scale
with weight tickets showing project name. RECORDS OF DISPOSAL,
INCLUDING WEIGHT OF MATERIALS, SHALL BE SUBMITTED TO THE
AGENCY ON A MONTHLY BASIS.
The Contractor is obligated, under this contract,to recycle the waste material
through an approved recycling plant.
Payment for recycling of materials shall be included in the unit price for other
items of work. No additional payment will be made for recycling of materials.
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SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
No field offices for AGENCY personnel shall be required,however,the AGENCY personnel
shall have the right to enter upon the project at all times and shall be admitted to the offices
of the Contractor if so provided by the Contractor for his own personnel.
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.2 Partial and Final Payment. The text of Subsection 9-3.2 of the
Standard Specifications is hereby deleted and replaced with the following:
The closure date for the purpose of making partial progress payments will be
the last day of each month. The Contractor shall prepare the approximate
measurement of the quantities of work performed through the closure date
and submit it to the AGENCY by the 5th day for approval by the 10th day of
the following month.
When the work is complete, the Engineer will determine the final quantities
of the work performed and prepare the final progress payment report.
Payments are commonly authorized and made within 30 days following the
10th day of the month submitted. However, payments will be withheld
pending receipt of any outstanding reports required by the contract
documents. In addition, the final progress payment will not be released until
the Contractor returns the control set of Plans and Specifications showing
the as-built conditions.
A full 10 percent will be retained from all progress amounts due. The
retained amounts will be authorized for final payment 35 days after the date
of recordation of the Notice of Completion.
The Contractor, however, may receive interest on the retained amounts or
receive the retained amount itself so long as securities equivalent to the
retained amounts are substituted with escrow holder approved by the
Agency.
At the request and expense of the Contractor, retained amounts or securities
equivalent to the retained amounts may be deposited with the State
Treasurer or a State or Federally chartered bank approved by the Agency as
the escrow agent, who shall return such monies or securities to the
Contractor upon satisfactory completion of the contract.
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Securities eligible for investment shall include those listed in Section 16430
of the State Government Code or bank or savings and loan certificates of
deposit, interest bearing demand deposit accounts, and standby letters of
credit.
Any escrow agreement entered into shall contain the following provisions
and shall be substantially similar to the form"Escrow Agreement for Security
Deposits in Lieu of Retention as Contained in Section 4590 of Chapter 13 of
Division 5 of Title 1 of the Government Code."
9-3.2.1 Claims. Procedures for final payment are hereby
supplemented by Caltrans' Standard Specifications, Subsection 9-
1.07B, Final Payment and Claims, and Subsections 9-1.03C, 9-1.04,
and 9-1.09 where they are referenced from as they pertain to
Subsection 9-1.076. References originating in Subsection 9-1.078
to Subsections 4-1.03, 8-1.06, 8-1.07, 9-1.03A, and 8-1.10 shall refer
to Subsections 3-4,6-7,6-6, 3-3, and 5-5 respectively of the Standard
Specifications. Where Director, Deputy Director, District or State are
referenced, it shall mean Agency.
9-3.2.2 Alternative Dispute Resolution. After submittal of the
proposed final estimate to the Contractor, a meeting shall be held
promptly between Contractor and Agency,attended by the individuals
with decision-making authority regarding the dispute, to attempt in
good faith to negotiate a resolution of claims arising under or related
to performance of the contract.
If, within 30 days after such meeting, the parties have not succeeded
in negotiating a resolution of the claims, they will jointly appoint a
mutually acceptable neutral person not affiliated with either of the
parties (the "neutral"). If they have been unable to agree upon such
appointment within 40 days from the initial meeting, the parties shall
seek assistance in finding a mutually acceptable neutral. If the parties
are unable to agree on a neutral, either party may request that the
presiding judge of the Superior Court which would have jurisdiction of
the matter if a suit were filed, to appoint the neutral. The fees of the
neutral shall be shared equally by the parties.
In consultation with the neutral, the parties will select or devise an
alternative dispute resolution procedure ("ADR") by which they will
attempt to resolve the dispute, and, if the parties are unable to agree
on such matters within 20 days after the initial consultation with
neutral, the procedure, time, and place for the ADR to be held will be
decided by the neutral. Unless circumstances require otherwise, the
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ADR shall be held not later than 60 days after selection of the
neutral.
The parties agree to participate in good faith in the ADR to its
conclusion as designated by the neutral. If the parties are not
successful in resolving the dispute through the ADR, then the parties
may agree to submit the matter to binding arbitration, or a private
adjudicator, or either party may seek an adjudicated resolution
through the appropriate court.
9-3.3 Delivered Materials. Materials and equipment delivered but not
incorporated into the work will not be included in the estimate for progress
partial payment.
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SPECIAL PROVISIONS
PART 2
CONSTRUCTION MATERIALS
SECTION 210 - PAINT AND PROTECTION COATINGS
210-1 PAINT
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb
Marking.
210-1.6.1 General.
210-1.6.1.1 Paint for House Numbering. Paint shall be white,
luminous, with directional reflexivity not less than 80 percent relative
to magnesium oxide.
The pigment of the paint shall not be less than 52 percent nor greater
than 58 percent of the total composition of the project. The vehicle of
the paint shall not be less that 42 percent nor greater then 18 percent
of the total composition of the project. The vehicle shall contain not
less than 39 percent non-volatile materials.
The paint shall have a viscosity in Krebs Units, as determined in the
Krebs-Stormer Viscosimeter(ASTM D-562-55), within a range of 74
to 84.
The paint shall have a 30-minute drying time when applied in an
0.008-inch film thickness.
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The paint shall meet flexibility, bleeding, dilution, hiding power,
settling and stability tests-both Federal and Los Angeles County
methods of testing.
The paint shall be properly ground by mill grinding to a uniform
consistence, with the pigments and vehicle mixed to a smooth paste.
The pigments shall not settle excessively not cake in the containers,
and shall be readily broken up with a paddle to a consistency ready
for spray application. The materials shall be free from all deleterious
material and defects and imperfections that might affect the
serviceability of the finished product.
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The paint shall show inherent capabilities for retention of glass
sheers, and shall be suitable for application to portland cement
concrete without bleeding or other discoloration. The paint shall dry
with a tough, flexible, adherent film which will not crack, chip, peel,
discolor, or excessively fade with exposure.
Paint for letters shall be black, in conformance with Subsection 210-
1.6.
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SPECIAL PROVISIONS
PART 3
CONSTRUCTION METHODS
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310-5.6.1 General. Painting of house numbering should be
performed as specified within Subsection 310-5.6. Paint materials
shall conform to Subsection 210-1.6.
A foreman shall be on the project during all periods of work. The
foreman shall have a pager on his person. The City shall be divided
into three quadrants: one north of the 10 Freeway, and two south of
the 10 Freeway-one on the east and one on the west of Walnut Grove
Avenue. All painting shall be completed in one quadrant at a time
before any work begins in a new quadrant.
Apply paint only in dry weather with temperature above 55°F and
rising and humidity below 75 percent. Apply at a rate of 350 to 400
square feet per gallon for a film thickness of 8 to 10 mils.
310-5.6.1.2 House Numbers. House numbers shall be
installed in conformance with this Subsection. Agency will
provide a list of streets to receive curb house numbers. White
background and black numerals shall be applied, 8 mils
maximum thickness.
310-5.6.1.2.1 Format and Size. A white field with
black numerals shall be painted on the curb at each
address. The field shall be 14 inches long and 6
inches in height. The field shall be reflectorized by
clear glass spherical beads, applied with force against
the field paint while it is still tacky, and the beads must
be firmly bonded to the paint upon drying.
The numbers shall be 2 inches in width and four inches
in height. The numbers shall be centered in the field
with a 1-inch space between each. There shall be a 1-
3-1
inch border at the top and bottom, and 1'Winch borders
at both ends of the house numbers.
310-5.6.1.2.2 Location. The numbers are to be
located so that the tops of all the numerals are 1-inch
below the top of the curb. The numbers shall be
parallel with the top of the curb and the axis of each
numeral shall be perpendicular to the top of the curb.
One all interior lots: The house number shall be
painted on the curb face a distance of 3 inches from
the beginning of the curb transition for the driveway.
The side of the driveway on which the numbers are to
be painted will vary and may be determined by which
side of the lot the driveway is on.
On corner lots: The house number will be painted on
the front of the lot only. If the driveway entrance is
located on the front of the lot, then the aforementioned
pattern will be followed. However, if the driveway is on
the side of the lot, the number will be painted directly in
line with the front entrance to the house.
On lots with more than one address: The field shall be
located in the same position as indicated by the
pattern, but will be 30 inches long. The lowest number
will be located on the left of the field with the required
border spaces, the highest number will be located on
the right side of the field with the required border
spaces. A 2--inch hyphen (-) must be centered
between the two numbers.
310-5.6.1.2.3 Removal of Old Numbers. If the existing
numbers are painted on the curb face in the specified
location,then the new number shall be painted over the
existing number.
If the existing numbers are painted on the curb face but
not in the aforementioned location,the old number is to
be removed. The method may vary, but no method
may be employed that would in any way damage the
existing curb.
No removals shall be performed without specific
approval at each location by the Engineer. Locations
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that may be candidates for removal shall not have new
numbering painted until removal has been determined
by the Engineer.
306-5.6.10 Measurement and Payment. The first sentence of
Subsection 310-5.6.10 is hereby deleted and replaced with the
following:
The quantity of house numberings and house numbering removals,
shall be measured as units determined from actual count in place.
The unit price shall include all work, materials, and incidentals to
complete the work in every detail as specified, and no additional
compensation will be provided therefor.
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APPENDIX I
INSURANCE REQUIREMENTS FOR CONTRACTORS
INSURANCE REQUIREMENTS FOR CONTRACTORS
(with Construction Risks)
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work here under by the Contractor, his agents, representatives,
employees, or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form
CG 0001).
2. Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code
I (any auto).
3. Workers' Compensation Insurance as required by the State of California and
Employers' Liability Insurance.
4. Course of Construction insurance form providing coverage for "all risks" of loss (if
required by the contract).
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Course of Construction: Completed value of the project.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
Agency. At the option of the Agency, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the Agency, its officers, officials,
employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
1. The Agency, its officers, officials, employees, agents, and volunteers, including
Willdan Associates are to be covered as insured as respects: liability arising out of
activities performed by or on behalf of the Contractor, products and completed
operations of the Contractor, premises owned, occupied, or used by the Contractor,
or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the
Agency, its officers, officials, employees, agents, or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the Agency, its officers, officials, employees, agents,
and volunteers, including Willdan Associates. Any insurance or self-insurance
maintained by the Agency, its officers, officials, employees, agents, or volunteers,
including Willdan Associates shall be excess of the Contractor's insurance and shall
not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties shall not affect coverage provided to the Agency, its officers,
officials, employees, agents, or volunteers, including Willdan Associates.
4. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits, except after thirty (30) days prior written notice by certified
mail, return receipt requested has been given to the Agency.
Course of construction policies shall be purchased by the Contractor only if required by the
contract. Agency may obtain course of construction insurance under its existing property
insurance program or through other means. If Contractor obtains this coverage, policies
shall contain the following provisions:
1. Agency shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against Agency.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best's rating of no less than
A:VII.
Verification of Coverage
Contractor shall furnish the Agency with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The endorsements are to be on forms provided by the
Agency. All endorsements are to be received and approved by the Agency before work
commences.As an alternative to the Agency's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these Specifications.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein, except that
subcontractor shall not be responsible for obtaining course of construction insurance.
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