CC - Item 3M - 2008-09 Curb Ramps Construction ProjectLJ
ROSEMEAD CITY COUNCIL
STAFF REPORT
•
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: MARCH 10, 2009
SUBJECT: ANNUAL 2008-09 CURB RAMPS CONSTRUCTION PROJECT-
CONTRACT AWARD
SUMMARY
As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City Council
approved a program entitled, "Targeted Public Works Projects," which consists of public
improvements to the City's local streets and public right-of-way areas. This project will
improve American with Disabilities Act (ADA) compliance by retrofitting and adding eighty
(80) curb ramps in accordance with ADA guidelines. Community Development Block
Grant (CDBG) funds are restricted to, certain project types and must be completed in
CDBG Target Areas. This proposed project meets CDBG requirements.
Staff Recommendation
Staff recommends the following:
1. Authorize the City Manager to execute the contract on behalf of the City with
CJ Construction, Inc. for the Annual 2008-09 Curb Ramps Construction Project
in the amount of $149,825.00.
•
2. Establish an amount of 15% of the contract amount ($22,473.75), as a
contingency, to cover the cost of unforeseen construction expenses.
DISCUSSION
On July 26, 2001 the Department of Justice (DOJ) updated and revised the minimum
design standards for the construction of handicap ramps in accordance with the
Americans with Disabilities Act (ADA). These new requirements mandate that new curb
ramps be built with detectable warnings for the sight-impaired person. Presently, most of
the curb ramps throughout the City are not in compliance with the ADA requirements.
Utilizing CDBG funds for this kind of improvement will help the City gain compliance.
ITEM NO., M
APPROVED FOR CITY COUNCIL AGENDA: 6'
City Council Meeting
March 10, 2009
Page 2 of 3 •
On February 10, 2009, the City Council approved plans and specifications and authorized
staff to advertise and solicit bids for the Annual Curb Ramps Construction Project. The
proposed project includes construction of new curb ramps, retrofitting existing curb ramps
with detectable warnings for the sight-impaired person, and adding sidewalk and
miscellaneous concrete work.
A Notice Inviting Bids was published in local news publications and advertised to area
contractors.
At 11:00 AM on February 25, 2009, the City Clerk publicly opened and read eight (8)
sealed bids with the following results
RANK CONTRACTOR LOCATION BID AMOUNT BID AMOUNT
1
CJ Construction, Inc.
Santa Fe Springs, CA
$142,700.00
$149,825.00
2
Kalban, Inc.
Sun Valley, CA
$147,450.00
$153,300.00
3
Unique Performance, Inc.
Costa Mesa, CA
$166,600.00
$174,850.00
4
Kormix, Inc.
Walnut, CA
$168,516.00
$174,816.00
5
EC Construction, Inc
S. El Monte, CA
$173,430.00
$184,243.50
6
Elite Bob Cat Service
Corona, CA
$185,320.00
$193,870.00
7
Pacific Construction Inc.
Granada Hills, CA
$204,400.00
$214,900.00 •
8
ICE Engineering, Inc.
Rowland Heights, CA
$232,741.00
$326,116.00
Staff has reviewed the bid documents for completeness and investigated the contractor's
background and recent projects for competency. Staff has concluded that CJ
Construction, Inc. is the lowest responsible bidder to perform the construction of this
project. CJ Construction Inc. has satisfactorily completed similar projects for other
agencies, including the City of Arcadia, the City of Burbank, City of Cerritos and others.
The low bid submittal by CJ Construction, Inc. was 18% below the Engineer's estimate of
$182,400.00.
Timeline
If this contract is awarded by the City Council, staff will work to complete this project
according to the following schedule:
March loth - City Council Awards Contract
April 16th - May 31St - Tentative Construction Schedule
May 31St- Tentative Project Completion
JUIv 10th-Tentative Notice of Completion by City Engineer
The Contractor must complete all work within 35 consecutive calendar days. 0
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City Council Meeting
March 10, 2009
Pace 3 of 3
FINANCIAL REVIEW
The total appropriation needed to award this project is $172,298.75, which includes a
15% amount ($22,473.75), as a contingency, for unforeseen construction expenses.
Funding for this project is provided for in the City's approved FY 2008-09 Capital
Improvement Program Budget from the CDBG funding.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15304 (a) of the CEQA Implementing Guidelines. This exemption
covers projects involving minor alterations of land that do not have a significant effect on
the environment.
Prepared by:
Rafael Fajardo
Associate Civil Engineer
Submitted by:
0" X.,_
Chris Marcarello
Deputy Public Works Director
I ~ ll~~~~ v
V v
Lucien J. LeBlanc, P.E.
City Engineer
W
Brian Saeki
Assistant City Manager
Attachments:
(1) February 10, 2009 City Council Agenda Report
(2) Plans and Specifications
(3) Bid Summary/Comments
(4) Bid Proposals
(5) Contract
(6) Dunn and Bradstreet Report - CJ Construction, Inc.
0
Public Works DepartmenUEngineering Division
CITY OF ROSEMEAD •
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT
CDBG PROJECT NO. P46402
BID ANALYSIS
February 25, 2009 11:00 a.m.
CJ' CONSTRUCTION; INC SANTA FE SPRING;.CA 90670'_ 17,
Base Bid
_Item II
Description-- Qt€j
_Unit -
_--Qty ,
- 77
',,-.Unit Price---f
- ,-,Total
1
Clearing & Grubbing
LS
1
$ 4,000.00
$ 4,000.00
2
Disposal of Waste Materials
LS
1
$ 1,500.00
$ 1,500.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
70
$ 1,900.00
$ 133,000.00
4
Furnish and install Truncated Domes
Ea ,
12
$ 350.00
$ 4,200.00
Total
$ 142,700.00
Alternate
Bid Item 1
Item
Description
Unit
Qty.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 6.50
$ 2,925.00
6
Construct PCC Cross Gutter
SF
300
$ 14.00
$ 4,200.00
Total Alternate
$ 7,125.00
(
Grand Total
$ 149,825.00
KALBAN; INC SUN VALLEYi,CA91352 ; r#2. _`#2., 'I-- ~_~rj
Base Bid
v Item-
Description ;
-Unit
°01y.-
-.Unit PNoe
Total
1
Clearing & Grubbing
LS
1
$ 700.00
$ 700.00
2
Disposal of Waste Materials
LS
1
$ 700.00
$ 700.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
70
$ 2,035.00
$ 142,450.00
4
Furnish and install Truncated Domes
Ea
12
$ 300.00
$ 3,600.00
Total
$ 147,450.00
Alternate
Bid Item 1
Item
Description
Unit
Qty.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 7.00
$ 3,150.00
6
Construct PCC Cross Gutter
SF
300
$ 9.00
$ 2,700.00
Total Alternate
$
5,850.00
Grand Total
_
$ 153,300.00
UNIQU
E PERFORMANCE; INC COSTA MESA,_CA 92627 - # 3' -
Base Bid
'Item. (
Description - ' - - -
L Unit
:Unit Price.
J,_ Total l
1
Clearing & Grubbing
LS
$ 1.00
$ 6,000.00
$ 6,000.00
2
Disposal of Waste Materials
LS
$ 1.00
$ 3,000.00
$ 3,000.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
$ 70.00
$ 2,200.00
$ 154,000.00
4
Furnish and install Truncated Domes
Ea
$ 12.00
$ 300.00
$ 3,600.00
Total I
$ 166,600.00
Alternate
Bid Item 1
Item
Description
Unit
Qty.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
$ 450.00
$ 7.00
$ 3,150.00
6
Construct PCC Crass Gutter
SF
$ 300.00
$ 17.00
$ 5,100.00
Total Alternate
$ 8,250.00
Grand Total
I
$ 174,850.00
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Page 1 of 3
Public Works Departmenb'Engineering Division
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KORMIX,1NCs: ;WALNUT;,CA91789 >44
Base Bid
° Item
Description
`Unit.
' Dty.=-' '
' Unit Prce
` i
;Total
1
Clearing & Grubbing
IS
1
$ 3,500.00
$ 3,500.00
2
Disposal of Waste Materials
LS
1
$ 6,000.00
$ 6,000.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
70
$ 2,200.00
$ 154,000.00
4
Furnish and install Truncated Domes
Ea
12
$ 418.00
$ 5,016.00
Total
$ 168,516.00
Alternate
Bid Item 1
Item
Description
Unit
Qty.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 6.00
$ 2,700.00
6
Construct PCC Cross Gutter
SF
300
$ 12.00
$ 3,600.00
_
Total Alternate
$ 6,300.00
Grand Total
$ 174,816.00
EC: CONSTRUCTION; INC r ~ w-;'ISWEL MONTE;;CA 91733' 4. # 5' ':•r =i
Base Bid
hem's
Description _
4
unit! 1
57.7
7, Unit Price
Total 2
1
Clearing & Grubbing
LS
1
$ 31,365.00
$ 31,365.00
2
Disposal of Waste Materials
LS
1
$ 4,875.00
$ 4,875.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
70
$ 1,905.00
$ 133,350.00
4
Furnish and install Truncated Domes
Ea
12
$ 320.00
$ 3,840.00
Total
$ 173,430.00
Alternate
Bid Item 1
Item
Description
Unit
Dty.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 8.91
$ 4,009.50
6
Construct PCC Cross Gutter
SF
300
$ 22.68
$ 6,804.00
Total Alternate
$ 10,813.50
Grand Total
$ 184,243.50
j ,.lteto ~
Desc`ription I
°Unit-'
Qty
-Unit Price _
:-,Total
1
Clearing & Grubbing
LS
1
$ 24,000.00
$ 24,000.00
2
Disposal of Waste Materials
LS
1
$ 40,000.00
$ 40,000.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
70
$ 1,650.00
$ 115,500.00
4
Furnish and install Truncated Domes
Ea
12
$ 485.00
$ 5,820.00
Total
$ 185,320.00
Alternate
Bid Item 1
Item
Description
Unit
Dty.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 9.00
$ 4,050.00
6
Construct PCC Cross Gutter
SF
300
$ 15.00
$ 4,500.00
Total Alternate
$ 8,550.00
Grand Total
$ 193,870.00
Base Bid
Page 2 of 3
Public Works Department/Engineering Division
PACIFIC CONSTRUCTION; INC GRANADA HILLS, CA 91344---# 7
Base Bid
Unlt :i
" --Qty.,,*
" , •-Unit. Prlce-
Total ?
1
Clearing &Grubbing
LS
1
$ 4,000.00
$ 4,000.00
2
Disposal of Waste Materials
LS
1
$ 4,900.00
$ 4,900.00
3
Construct Curb Ramps per APWA Std
Plan 111-3.
Ea
70
$ 2,690.00
$ 188,300.00
4
Furnish and install Truncated Domes
Ea
12
$ 600.00
$ 7,200.00
Total
$ 204,400.00
Alternate
Bid Item 1
Item
Description
Unit
City.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 10.00
$ 4,500.00
6
Construct PCC Cross Gutter
SF
300
$ 20.00
$ 6,000.00
Total Alternate
$ 10,500.00
Grand Total
$ 214,900.00
ICE ENGINEERING; INC ROWLAND;HEIGHTSXA91748 # 8 .
Base Bid
Item;I
Descrlptioe',-.
Unit
"..-City..
Unit Price
Total
1
Clearing & Grubbing
LS
1
$ 20,000.00
$ 20,000.00
2
Disposal of Waste Materials
LS
1
$ 1.00
$ 1.00
3
Construct Curb Ramps per APWA Sid
Plan 111-3.
Ea
70
$ 2,998.00
$ 209,860.00
4
Furnish and install Truncated Domes
Ea
12
$ 240.00
$ 2,880.00
Total
$ 232,741.00
Alternate
Bid Item 1
Item
Description
Unit
City.
Unit Price
Total
5
Construct 4-inch PCC Sidewalk
SF
450
$ 7.50
$ 3,375.00
6
Construct PCC Cross Gutter
SF
300
$ 300.00
$ 90,000.00
Total Alternate
$ 93,375.00
Grand Total
$ 326,116.00
•
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Page 3 of 3
D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
•
Comprehensive Insight Plus Report for D-U-N-S 80-288-8263
Small Business C J CONSTRUCTION INC
Solutions Report Printed: March 3, 2009
1 Print this report
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Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead
Company Snapshot Creditworthiness Payment History Trends Public Filings History,.& Operations Banking Finance
Company Snapshot
Business Summary
Profile
C J CONSTRUCTION INC
10142 Shoemaker Ave
Santa Fe Springs, CA 90670
Tel: 562 777-2222
D-U-N-S 80-288-8263
D&B Rating: 1R3
Company Stalls
Year incorporated
Year started
Employees
Chief Executive
S.I.C.
1995
1989
25
John Sarno , Pres
1771
0782
Industry
Concrete contractor, lawn/garden services
Likelihood this company will not pay on MODERATE r!
time over the next 12 months
Credit Score Class: 3
1 2 3 4 5
Low Moderate High
Likelihood this company will experience LOW Y1
financial distress in the next 12 months
Financial Stress Class:1
0
1 2 3 4 5
Low Moderate High
This is a single location.
Timeliness of historical payments for SLOW
this company"
The Net worth amount in this seenn may have been adjusted by D&B D&B PAYDEX®: 75
to reflect typical deductions. sum as certain intangible assets.
100 0
Anticipates Prompt 30 120
days slow days slow
Industry benchmark: Slow
"Based on 20 trade experiences on file with D&B
Payment performance trend
over the past 90 days UNCHANGED
D&B offers guidance on credit limits for this company based on its profile as well as profiles of other
companies similar in size, industry, and credit usage Get details
Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its ~f
management NO tYJ
Noteworthy special events in this company's file NO
Total number of suits, liens and judgments in this company's file 0
Value of open suits, liens and judgments for this company $0 ~V
Value of open records refers only to 10 most recent filings for each record type.
Company Snapshot Creditworthiness Payment. History & Trends Public Filings History.& Operations Banking & Finance
• Creditworthiness
Summary
Page 1 of 7
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D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
Likelihood this company will
LOW D8B Rating: 1R3
experience financial distress in
Number of employees: 1R is 10 or more employees.
the next 12 months
Composite credit appraisal: 3 is fair.
The 1P, and 2R ratings categories reflect company Size based on the
ill not
Likelihood company
this
w
total number of employees for the business. They are assigned to
MODERATE r\
business files that do not contain a current financial statement. In 1R
pay on time
over the next
12
and 2R Ratings, the 2, 3, or 4 creditworthiness indicator is based on
months
analysis by D&B of public flings, trade payments, business age and
other Important factors. 2 is the highest Composite Credit Appraisal a
company not supplying D&B with current financial information can
receive. For more information. see the D&B Rating Key.
Default on Payment: Financial Stress Summary
Likelihood this company will
experience financial distress in
the next 12 months
Financial Stress Class: 1
0
1 2 3 4 5
Low Moderate High
LOW l Key Factors
- 20 trade experiences exist for this company.
- Financial Stress Score: 1437 (high risk: 1,001;1ow risk: 1,875)
- 13% of trade dollars indicate slow payment(s) are present.
- No record of open suit(s), lien(s), or judgment(s) in the D&B
files.
- Payment experiences exist for this firm which are greater
than 60 days past due.
- Control age or date entered in D&B files indicates lower risk.
During the prior year, firms in this Financial Stress Class had a
failure rate of 1.2%, which is 0.46 limes lower than the national
average.
Financial stress national percentile: 81 (high risk: 1 low risk:
100%)
National percentile industry norm: 38 (high risk: 1%; low risk:
100%)
Payment within Terms: Credit Score Summary
Likelihood this company will not MODERATE ;
pay on time over the next 12
months
Credit Score Class: 3
MENE ME.
1 2 3 4 5
Low Moderate High
The Credit Score class of 3 for this company shows that 14.3%
of firms with this classification paid one or more bills severely
delinquent, which is lower than the average of businesses in
D&B's database.
Credit score percentile: 56 (high risk: 1 low risk: 100%)
Industry norm percentile: 51 (high nsk: 1%; low risk: 10D%)
Additional Information
Financial Stress Summary
- The Financial Stress Class indicates that this firm shares
some of the same business and financial char=edstics of
other companies with this classification. It does not mean the
fine will necessarily experience financial stress.
- The Incidence of Financial Stress shows the percentage of
firms in a given Class that discontinued operations over the
past year with loss to creditors. The Incidence of Financial
Stress - National Average represents the national failure rate
and is provided for comparative purposes.
- The Financial Stress National Percentile reflects the relative
ranking of a company among all scorable companies in D&B's
file.
- The Financial Stress Score offers a more precise measure of
the level of risk than the Class and Percentile. It is especially
helpful to customers using a scorecard approach to
determining overall business performance
.
- All Financial Stress Class, Percentile, Score and Incidence
statistics are based on 2004.
Key Factors
- 20 trade experiences exist for this company.
- 13% of trade dollars indicate slow payment(s) are present.
- Payment experiences exist for this firm which are greater
than 60 days past due.
- No record of open suit(s), lien(s), or judgment(s) in the D&B
files.
Credit Score Summary
- The Incidence of Delinquent Payment is the percentage of
companies with this classifcation that were reported 90
days past due or more by creditors. The calculation of this
value is based on an inquiry weighted sample.
- The Percentile ranks this firm relative to other businesses.
For example, a firm in the 80th percentile has a lower risk of
paying in a severely delinquent manner than 79% of all
scorable companies in D&B's files.
Company Snapshot Creditworthiness Payment History_8 Trends Public Filings History &_Operations Banking B. Finance
Pale 2 of 7
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LJ
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D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
Payment History
Summary
Average payment performance trend
when weighted by dollar amount
Payment History Overview .
Payment experiences on file with D&B:
Payments made within terms:
Amount placed for collections:
UNCHANGED Company's payment performance over the
past 12 months compared with its peers
20 Average highest credit:
15 (75%) Largest high credit:
0(0%) Highest now owing:
Highest past due:
Historical Payment Trends: PAYDEX°
Average payment performance trend when weighted by dollar amount
Last 3 months: Trend is unchanged U N C. HAN GED
Last 12 months: 8 days beyond terms D&B PAYDEX®: 75
Industry benchmark: Slow
100 0
Anticipates Prompt 30 120
daysslow days slow
MIXED
$3,832
$35,000
$35,000
$500
Based an payments collected over last 12 months.
Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are sometimes placed for collection even
though the existence or amount of the debt is disputed.
Historical Payment Trends: PAYDEX® Comparison to Industry
Company's payment performance over the past MIXED
12 months compared with its peers
This company's 12-month high: 78, or equal to 3 days beyond terms
This company's 12-month low. 75, or equal to 8 days beyond terms
N7A
20
30
00
u 50
0
60 -
a 70 _
e0
00
100 -I '1-_. I I -...I I I I I I......... I I
00/08 05108 MOB 07108 08108 09108 10108 11/05 12108 01109 02109 03109
~ This Company 0 Industry Benchmark
Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Concrete
contractor, lawn/garden services, based on SIC code 1771.
Payment History Details
Date Reported
Paying Record
High Credit
Now Owes
Past Due Selling Terms
Last Sale Within
(months)
02109
Prompt
250
0
1
01109
Prompt
35,000
35,000
0
1
01109
Prompt
15,000
15,000
I
~
1
01/09
Prompt
100
I
0
2-3
01/09
Prompt
0 1
0
0
1
01/09
Prompt-Slow 3D
2,500
1,000
I ~
1
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D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
01109
Prompt-Slow 30 1
100
50
0
1
01/09
Prompt-Slow 60
500
100
100
~4-5
01/09
Prompt-Slow 90 1
50
0 ~
0
_ 16-12
01/09
Slow 30
250
0
0
4-5
01/09
Slow 9D
5,000 1
500
500
11
12108
Prompt
2,500
2,500
0
1
12/08
Prompt-Slow 30
12,500
2,500
500
12/08
1(014)
1 750
I 1
Satisfactory.
10/08 Prompt i 50 1 0 0 2-3
05/08 Prompt 250 0 0 Net30 6-12
05108 Prompt 0 1
04/08 Prompt 250 0 ~ 0 6-12
,01/08 Slow 30 100 100 1D0 Net30
12/07 I Prompt 10 10 10 1 16-12
Payment experiences reflect haw bills are met in relation to the lenns granted. In some instanczs payment beyontl terms can be the result of
dispute over merchandise, skipped invoices, etc.
Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported.
Payment Analysis By Industry
Company's dollar-weighte
d payments listed by the primary industries of its suppliers
Total Received Total Dollar
Largest
Within
Slow 1-30 Slow 31-
Slow 61-
Slow
(K)
Amount
High Credit
Terms
60
90
91+
(S)
of dollar amo
unt)
Industry
Short-trim bush credit
6
53,300
35,000
98
2
0
0
0
Telephone communions
2
200
100
75
25
0
0
0
Radiotelephone commun
1
5,000
5,000
0
0
0
100
0
Whol durable goods
1
2,500
2,500
100
0
0
0
0
Rat auto supplies
1
2,500
2,500
50
50
0
0
0
Misc general gov't
1
750
750
100
0
0
0
0
Whol industrial equip
1
250
250
100
0
0
0
0
Whol chemicals
1
250
250
0
100
0
0
0
Whol computers/softwr
1
100
100
0
100
0
0
0
Nonclassified
1
50
50
100
0
0
0
0
Mist: business credit
1
250
0
100
0
0
0
0
Whol electrical equip
1
0
0
0
0
0
0
0
Misc business service
1
0
0
0
0
0
0
0
Misc publishing
1
0
0
0
0
0
0
0
Other payment categories
Cash experiences
0
0
0
Payment record unknown
0
0
0
Unfavorable comments
0
0
0
Placed for collection
With D&B
0
0
0
Other
0
N/A
0
Total in D&B's file
20
65,150
35,000
There are 20 payment experiences in D&B's file for the most recent 12 months, with 14 experiences reported during the last three
month period.
Company-Snapshot Creditworthiness Payment History Trends Public,Filings History & Operations Banking & Finance
Public Filings
Page 4 of 7
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D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
Summary of Court Actions
• The following data includes both open and closed filings found in D&B's database on the subject company.
Record Type
Open Records Open Value Total Records Most Recent Filing Date
Suits
0
0
0
Liens
0
0
0
Judgments
0
0
0 -
UCC,Filings
6
N/A
6 1011612008
Bankruptcy Proceedings
0
N/A
0 -
Public filing data is for informational purposes only and is not the official record. Certified copies
can only by obtained from the official source.
Number and value of open records refers only to 10 most recent filings for
each record type.
UCC Filings
Collateral Type
Sec. Party
Debtor
Date Filed Additional Details
Equipment and proceeds Original
CITICAPITAL
C J CONCRETE
10116/2008 Filing number: 087175475612
COMMERCIAL
CONSTRUCTION.
Filed with SECRETARY OF
CORPORATION,
INC
STATE/UCC DIVISION,
BEDFORD, TX
SACRAMENTO.CA
Latest info Received: 10/24/2006
Equipment and proceeds Original
GENERAL
C, J.
10105/2007 Filing number: 077131771620
ELECTRIC CAPITAL
CONSTRUCTION,
Filed with: SECRETARY OF
CORPORATION,
INC,
STATE/UCC DIVISION,
MOBERLY.. MO
SACRAMENTO,CA
Latest Info Received 10/1012007
Equipment and proceeds Original
GENERAL
C.J.
05/1612007 Filing number: 077114057092
ELECTRIC CAPITAL
CONSTRUCTION,
Filed with: SECRETARY OF
CORP., MOBERLY,
INC.
STATEIUCC DIVISION,
MO
SACRAMENTO, CA
Latest info Received: 05/2412007
Unavailable Original
CITICAPITAL
C J
03/25/2005 Filing number: 057020635112
COMMERCIAL
CONSTRUCTION,
Filed with: SECRETARY OF
CORPORATION,
INC.
STATE/UCC DIVISION,
IRVING. TX
SACRAMENTO, CA
•
Latest info Received: 0312812005
Unavailable Original
CITICAPITAL
C.1
12115/2004 Filing number: 04700825130D
COMMERCIAL
CONSTRUCTION,
Filed win: SECRETARY OF
CORPORATION,
INC.
STATEIUCC DIVISION,
IRVING, TX
SACRAMENTO, CA
Latest info Received: 12/612004
Unavailable Amendment CITICAPITAL
C J
12/20/2004 Filing number: 04700906693
COMMERCIAL
CONSTRUCTION,
Filed with. SECRETARY OF
CORPORATION,
INC,
STATE/UCC DIVISION.
IRVING, TX
SACRAMENTO, CA
Latest info Received: 12121/2004
The public record items contained in this report may have been paid, term
inated, vacated or released prior to the date this report was printed, Any
public filings displayed in red are open.
Government Activity
Activity Summary
Possible Candidate for Socio-Economic Program
Borrower(Dir/Guar)
No
Consideration
Administrative Debt
No
Labor Surplus Area Yes (2009)
Contractor
No
Yes (2009)
Small Business
Grantee
No
Party Excluded from Federal Program(s)
No
8(A) Firm N/A
The details provided in the Government Activity secti
on are as reponed to D&B by the federal government and other sources,
Company, Snapshot Creditworthiness Payment History Trends Public Filings History Operations Banking,& Finance
History & Operations
• Topic Description
History Detailed information on the history of a company, including background information on the management
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D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
team and key principals, and information on related companies.
Registration & Detailed registration and incorporation information including the date and state of incorporation and the type
Incorporation of corporation formed.
Company Operations Detailed information on a company's operations, including the identity of the parent company, the
geographic scope of the business, and the key holdings.
Industry Classification Details on the specific industry within which a company is classified.
History
Officer(sDirector(s):
JOHN C SARNO, PRES THE OFFICER(S)
Business started 1989 by John Sarno. 100% of capital stock is owned by John Sarno.
JOHN C SARNO born 1960. 1985-present active here.
Registration & Incorporation
Registered Name:
C j concrete construction, inc.
Filing Date:
September 29, 1995
Business Type:
Corporation
Registration ID:
C1770884
Corporation Type:
Profit
Where filed:
SECRETARY OF STATE/CORPORATIONS
Date incorporated:
September 29, 1995
DIVISION, SACRAMENTO, CA
State of incorporation:
California
Registered Agent: JOHN C SARNO, 10142 SHOEMAKER
Status:
Active
AVE, SANTA FE SPRINGS, CA, 905700000
Principals:
JOHN C SARNO, PRESIDENT, 10142
SHOEMAKER AVE, SANTA FE SPRINGS,
CA.906700000
Corporate and business registrations provided by management or other source
Company Operations
Description: Contractor of concrete work (65%). Provides lawn and garden services, specializing in landscape contracting (35%).
Terms are.
Terms are undetermined. Sells to general public and commercial concerns. Territory : Local.
Nonseasonal.
Employees: 25 which includes officer(s).
Facilities: Leases 15,000 sq. ft. in a one story concrete block building.
Location: Central business section on main street.
Industry Classification
SIC NAICS
177.10000 Concrete work 238110 Poured Concrete Foundation and Structure
Contractors
07829903 Landscape contractors 561730 Landscaping Services
Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be, more specific
to a minpan 's operations than if we use the standard 4-digit code.
The 4-digd SIC numbers link to the description on the Occupational Safety S Health Administration (OSHA) Web site. Links open in a new browser
window.
Company Snapshot Creditworthiness Payment History Trends Public. Filings History & Operations Banking & Finance
Banking & Finance
Banking
10/07 Account(s) averages low 6 figures. Account open over 10 years.
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D&B Comprehensive Insight Plus Report: C J CONSTRUCTION INC
• Key Business Ratios
D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional
outside sources also found no information available on its financial performance.
To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business.
Industry Norms based on 41 establishments
This Business Industry Median Industry Quartile
Profitability
Return on Sales
UN
4.4
UN
Return on Net Worth
UN
13.0
UN
Short-Term Solvency
Current Ratio
UN
2.1
UN
Quick Ratio
UN
1.4
UN
Efficiency
Assets Sales
UN
41.3
UN
Sales / Net Working Capital
UN
6.0
UN
Utilization
Total Liabilities / Net Worth
UN
104.9
UN
UN = Unavailable
Finance
01/10/2009
On October 6, 2007, attempts to contact the management of this business have been unsuccessful. Outside sources confirmed
operation and location.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking Finance
Customer Service
C Need help? Call Customer Service at (800) 333-0505, Monday through Friday, 8:00 AM to 6:00 PM Local Time.
Print this report
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menu and select a location for your file. Enter a file name and save the report as a html or txt file.
Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead
•
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER;
DATE: FEBRUARY 10, 2009
SUBJECT: ANNUAL 200872009 CURB RAMPS CONSTRUCTION PROJECT -
APPROVAL OF PLANS/SPECIFICATIONS AND AUTHORIZATION TO
SOLICIT BIDS
SUMMARY
As part of the City's Fiscal Year 2008-2009 Capital Improvement Program, the City
Council approved. a program entitled, "Targeted Public Works Projects," which consists
of public improvements to the City's local streets and public right-of-way areas. This
project will improve American with Disabilities Act (ADA) compliance by retrofitting and
adding eighty (80) curb ramps in accordance with ADA guidelines. Community
Development Block Grant (CDBG) funds are restricted to certain project types and must
be completed in CDBG Target Areas. This proposed project meets CDBG
requirements:
Staff Recommendation
Staff recommends that the City Council:
Approve the plans and specifications for the Annual 2008-2009 Curb Ramps
Construction Project.
2. Authorize staff to advertise this project and solicit bids to complete the
improvement project.
DISCUSSION
In July 26, 2001 the Department of Justice (DOJ) updated and revised the minimum
design standards for the construction of handicap ramps in accordance with. the
Americans with Disabilities Act (ADA). These new requirements mandate that newly
built curb ramps be built with detectable warnings for the sight impaired. Presently, most
of the curb ramps throughout the City are not in compliance with the ADA requirements.
Utilizing CDBG funds for this kind of improvement will help the City gain compliance.
The proposed project includes construction of new curb ramps, retrofitting existing curb
ITEM NO. -
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meefing
February 10, 2009.
Paae 2 oll 3
ramps with detectable warnings 'for the sight impaired, and adding sidewalk and
miscellaneous concrete work. The Engineer's Estimate for this project is $182,400.00.
Timeline
If directed to move forward, staff will work to advertise and complete this project
according to the following schedule:
February 10th- Authorization to Proceed
City Council Approval of Design, Specifications and Authorization to Solicit Proposals
for Park Enhancements
February 12th and February 19th - Advertisement
Advertisement of Project in Local Publications/Trade Journals
February 25th - Bid Opening
Public Bid Opening for Project
March 10tt' - City Council Awards Contract
March 9th - April loth - Tentative Construction Schedule (35 working days)
April 17th "Tentative Prolect Completion
May 12th-Tentative Notice of Completion by City Engineer
FINANCIAL REVIEW
Funding for this project was approved by the City Council, as part of the City's FY 2008-
09 Capital Improvement Program Budget. There is approximately $398,700 in CDBG
funds available for Targeted Public Works Projects, including this project and the
Annual 2008-09 Slurry Seal Project.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 1530.1 (a) of the CEQA Implementing Guidelines.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
0
City Council Meeting
February 10, 2009.
Pace 3 of 3
Prepared y:
Rafael Fajardo
Associate Civil Engineer
Submitted by:
Chris Marcarello
Deputy Public Works Director
Attachments:
(1) Location Map
(2) Plans and Specifications
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Lucien J. LeBlanc P.E.
City Engineer
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CITY OF ROSEMEAD
CALIFORNIA
CONTRACT DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR
ANNUAL 2008-2009 CURB RAMPS
CONSTRUCTION PROJECT
CDBG PROJECT No. P46402
FISCAL YEAR 2008-2009
IN THE CITY OF ROSEMEAD
PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION
8838 E. VALLEY BOULEVARD
. ROSEMEAD, CA 91770
TELEPHONE: (626) 569-2152 FAX: (626) 307-9218
SCHEDULED BID OPENING: FEBRUARY 25, 2009.
i
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• CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
j CDBG PROJECT No. P46402
I
TABLE OF CONTENTS
BIDDING DOCUMENTS
1. Notice Inviting Bids NIB-1 -NIB-2
2. Instructions to Bidders ITBA - ITB-10
3. Contract Bid Forms CBF-1 - CBF-11
• CONTRACT AGREEMENT
1. Contract Agreement and Insurance Requirements
2. Performance Bond
3. Payment Bond
CONTRACT 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 23
7.
Federal EEO and Affirmative Action Requirements
......1 to 10
8.
Contracting with Small & Minority Firms/Women Business Enterprise
1
9.
Compliance with Clean Air and Water Acts..
1
F_ 1
LJ
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-9
Part "C" - Appendix "A"
Location Map
Curb Ramps Tabulation
Truncated Domes Specifications
APWA Standard Plans
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CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
• NOTICE INVITING' BIDS
CITY OF ROSEMEAD
NOTICE INVITING BIDS
PROJECT No. 2009-02
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 25th. day of February, 2009 in the office of the
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT
CDBG PROJECT No. P46402
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 February
19th, 2009 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 construction of curb ramps, miscellaneous concrete work 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 $182,400.00. The successful bidder shall have thirty-five (35)
calendar days to complete the work. Liquidated damages shall be $250.00 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 contractor's 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
amended. The Contractor shall forfeit, as a penalty to the City of Cudahy, $25.00 for each laborer,
NIB-1
• 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.
i
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 May 10th, 2009.
Dated this 2009.
GLORIA MOLLEDA
CITY CLERK
Publish: February 12th & 19th, 2009.
n
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NIB-2
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
INSTRUCTION TO BIDDERS
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TABLE OF CONTENTS
Paoe
1.
AVAILABILITY OF BID DOCUMENTS
..........1
2.
EXAMINATION OF BID DOCUMENTS
........:.1
3.
INTERPRETATION OF BID DOCUMENTS
..........1
4.
INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK
..........2
5.
ADDENDA
..........2
6.
PREPARATION OF BIDS
..........2
7.
ALTERNATE BIDS
3
8.
MODIFICATIONS OF BIDS
.........3
9.
SIGNING OF BIDS
3
10.
BID GUARANTEE (BOND)
.........4
11.
SUBMISSION OF SEALED BIDS
.........4
12.
DELIVERY AND OPENING OF BIDS
.........5
13.
WITHDRAWAL OF BID
.........5
14.
AWARD PROCESS
.........5
•
15.
DESIGNATION OF SUBCONTRACTORS
.........5
16.
LICENSING REQUIREMENTS
.........6
17.
DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
.........6
18.
INSURANCE REQUIREMENTS
........6
19.
REQUIRED BIDDER CERTIFICATIONS.........
6
20.
BASIS OF AWARD; BALANCED BIDS
........6
21.
FILING OF BID PROTESTS
........7
22.
PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
........7
23.
EXPERIENCE AND TECHNICAL REQUIREMENTS
........7
24.
SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
........8
25.
EXECUTION OF CONTRACT
........8
26.
OWNER RIGHTS
........8
27.
BIDDER'S RESPONSIVENESS
........8
28.
BIDDER'S RESPONSIVENESS CHECKLIST
........8
29.
CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
9
30.
RESPONSIBILITY CRITERIA
......10
•
ITB - i
INSTRUCTIONS TO BIDDERS
All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically
noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the
Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents
and Contract shall have meanings as defined therein.
AVAILABILITY OF BID DOCUMENTS
Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid
Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents.
Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in
the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine
the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the
Notice Inviting Bids.
The Owner may also make the Bid Documents available for review at one or more plan rooms, as
indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the
Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if
they decide to submit a bid for the Project.
2. EXAMINATION OF BID DOCUMENTS
The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be
solely responsible for examining the Project Site and the Bid Documents, including any Addenda
issued during the bidding period, and for informing itself with respect to local labor availability,
means of transportation, necessity for security, laws and codes, local permit requirements, wage.
scales, local tax structure, contractors' licensing requirements, availability of required insurance,
and other factors that could affect the Work. Bidders are responsible for consulting the standards
referenced in the Contract titled Specifications.. Failure of Bidder to so examine and inform itself
shall be at its sole risk, and no relief for error or omission will be given except as required under
State law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Documents must be submitted in writing
by Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the
Owner may choose to make for purposes of interpretation or clarification, will be in writing and
made available to all the listed holders of the Bid Documents. The Owner will respond to all i
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
ITB - 1
• e. Contract Appendix
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
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 Owner will extend the deadline
for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole
discretion, whether an Addendum requires that the date set for opening bids be postponed. The
announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall
provide Owner a name, address and facsimile number to which Bid Document Addenda may be
sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of
Addenda will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper
means of delivery without charge to all parties who have obtained a copy of the Bid Documents and
provided such current information. Please Note: Bidders are primarily and ultimately responsible for
ensuring that they have received any and all Addenda. To this end, each Bidder should contact the
Development Services Department to verify that he has received all Addenda issued, if any.
Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge
receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive.
6. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid
Documents. The use of substitute bid forms other than clear and correct photocopies of those
provided by the Owner will not be permitted and may result in the Bid being declared
nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these
Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "NIA"
where applicable) and initial all interiineations, 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.
ITB - 2
7. ALTERNATE BIDS
If alternate bid items are called for in the Bid Documents, the lowest bid will be determined
on the basis of the base bid only, but the Owner may choose to award the contract on the
basis of the base bid alone or the base bid and any alternate or combination of alternates.
Since the time for the alternate bid items has already been factored into the Contract Time, no
additional 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 partner to act for and bind Bidder in all matters relating to the Bid; and (2)
provide that each venturer or partner shall be jointly and severally liable for any and all of the duties
and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The
Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or
partnership in its legal name.
10.. BID GUARANTEE (BOND)
Each bid proposal shall be accompanied by cash, a certified or cashier's check, bid bond (the bid
bond must be submitted on the form included in these Bid Documents) or equivalent substitution in
lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less
than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the
Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in
the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment
Bond, the required insurance certificates and endorsements, and any other certifications as may be
required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the
ITB - 3
• Contract if awarded the work or to provide the Bonds and other information or documentation
described above would result in damage to the Owner, and that it would be impracticable or
extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder
agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is
awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and
other information or documentation described above, except as may otherwise be required by
California law.
If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do
business as such in the State of Califomia and satisfactory to the Owner. In addition, the Bid Bond
must be submitted on the form furnished by the Owner, or one substantially in conformance with the
Owner's form if previously approved in writing by the Owner.
Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a
solvent national bank.
After the Owner has made an award to the successful Bidder, and the Bidder has signed a
Contract, submitted the necessary bonds, original insurance certificates and endorsements, and
any other certifications as may be required by the Contract, the remaining Bid guarantees shall be
returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will
promptly return to all Bidders their Bid guarantees
11. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set forth
above, they shall be placed, along with the Bid Guarantee and any proposed sketches and
brochures or other materials required by these instructions, in an envelope, sealed, addressed and
delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person
indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE
CONSIDERED. The envelope shall also contain the following in the lower left-hand comerthereof:
Bid of (Insert Name of the Company)
for the ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT
No consideration shall be given by the Owner to bid proposals received after the data 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
ITB - 4
the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.
13. WITHDRAWAL OF BID
Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request
signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is
made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements
required below within the time specified in these Instructions to Bidders below, the funds
represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be
forfeited and become and remain the property of the Owner; the amount thereof being previously
agreed to 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
whether the 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
Pursuantto state law, the Bidders must designate the name and location of each subcontractor who
will perform work or render services for the prime Bidder in an amount that exceeds one-half of one
percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such
subcontractor will perform. Bidders must make these designations, as well as any others requested
by the Owner, on the document titled "List of Proposed Subcontractors" which has been included
with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has
determined that it will allow Bidders twenty-four (24) additional hours after the deadline for
submission of bids to submit the information requested by the Owner about each subcontractor,
other than the name and location of each subcontractor.
16. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public
Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant
to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid
submitted by a contractor not currently licensed in accordance with state law and pursuant to the
requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid.
The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar
Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and
each of the Bidder's subcontractors, before awarding the Contract.
ITB - 5
• 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a
person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has
quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or
quoting prices to other bidders submitting a bid to the Owner.
18. INSURANCE REQUIREMENTS
Within the time specified in these Instructions to Bidders above, Bidder shall provide the Ownerwith
four identical counterparts of all required insurance certificates and endorsements as 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 bidder must certify
to various information, including but not limited to, the accuracy of the representations made in the
Contract Bid Forms .
B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106,
each Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit
included in the Bid Documents.
20. BASIS OF AWARD; BALANCED BIDS
The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive
Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may
reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal
estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner
may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute
discretion, each Bidder must ensure that each bid item contains a proportionate share of profit,
overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject
as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more
particular bid items.
21. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a
Bidder's protest to be considered valid, the protest must:
A. Be filed in writing within five (5) Working Days after the bid opening date.
B. Clearly identify the specific accusation involved.
C. Clearly identify the specific Owner Staff/Board recommendation being protested.
D. Specify, in detail, the grounds of the protest and the facts supporting the protest.
E. Include all relevant, supporting documentation with the protest at time of filing.
• If the protest does not comply with each and every one of these requirements, it will be rejected as
invalid.
ITB-6
If the protest is valid, the Owners Project Engineer, or other designated Owner staff member, shall
review the basis of the protest and all relevant information. The Project Engineer will deny or
concur with the protest and provide a written decision to the protestor. The protestor may then
appeal the decision of the Project engineer to the City Engineer.
22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is
awarded shall deliver to the Owner four identical counterparts of the Performance Bond and
Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do
so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety
supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure
Section 995.120, authorized to do business as such in the State of California and satisfactory to the
Owner.
The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the
Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price.
Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing
labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply
Payment and Performance Bonds in the amounts and manner required of the Contractor. The
Contractor shall specify this requirement for subcontractor bonds in his written or published request
for subcontractor bids
23. EXPERIENCE AND TECHNICAL REQUIREMENTS
Bidders are required to provide the experience and qualification information required as part of the
Contract Bid Forms. The purpose of this data is to provide the information necessary forthe Owner
to determine whether Bidders have the necessary experience in order to responsibly carry out the
Work. Each Bidder shall answer all questions and provide information requested by the Contract
Bid Forms.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay
California sales and other applicable taxes, and to pay for permits, licenses and fees required by
the 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
ITB-7
I
I
to perform tl
A.
B.
C.
D.
E.
F.
G.
ie work described in these Bid Documents. The Owner reserves the right to:
Reject any or all of the Bids if such action is in the best interest of the Owner
Issue subsequent Notices Inviting Bids.
Cancel this entire Notice Inviting Bids.
Appoint evaluation committees to review any or all Bids.
Seek the assistance of outside technical experts to validate the Bid(s).
Approve or disapprove the use of particular subcontractors.
Waive informalities and irregularities in Bids.
The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the
Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a
contract.
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 Bidders representative.
28. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
A. Completed and properly executed Bid Letter (Including a completed Total Bid Price,
completed Bid Bond amount, acknowledged addenda, completed state of incorporation or
partner/joint venturer information (if applicable), completed license number, and signature by
authorized company officer);
B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10%
of the Total Bid Price and a completed List of Proposed Subcontractors);
C. Properly executed Non-Collusion Affidavit; and
D. Completed and properly executed Bidder Information Forms.
If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra
forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary.
ITB - 8
29.
i
CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS
A. Contract Bid Forms.
The Bid Letter and Forms must be completed as set forth below.
(1) The Contract Bid Forms and Letter must be prepared using ink, indelible
pencil or a typewriter.
(2) The Bid Letter must be signed by the Bidder or on its behalf by the person or
persons having the authority to do so. Proof of the authority to act on behalf
of the firm must be submitted when requested. The proof shall be in the
form of a certified copy of an appropriate corporate resolution, certificate of
partnership or joint venture, or other appropriate document. If Bidder is an
entity made up of multiple parties and no person or persons are designated
to act on its behalf, all parties shall execute the Bid.
(3) Addenda - Receipt of addenda must be acknowledged in the space provided
in the Bid Letter.
(4) The Bidder shall not delete, modify, supplement or make substitutions
thereof, on the printed matter of the Contract Bid Forms or Bid Letter.
(5) Corrections shall be initialed by the person who signs the Bid Letter.
(6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as
altering the requirements of the specifications or the terms and conditions of
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, other than the name and location of
each subcontractor.
ITB-9
30. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully the
requirements of the Contract. The Owner reserves the right to consider the financial responsibility
and general competency of each bidder, as well as its reputation within the industry. Owner may
request, and apparent low bidder shall provide, a financial statement, audited if necessary,
including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder
will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The
prospective contractor, in order to be evaluated by the Owner as being a responsible contractor,
must complete Section 4 of the Contract Bid Forms to determine that it:
A. Has or can secure adequate financial resources to perform the contract;
B. Is able to.meet the performance or delivery schedule of the contract, taking
into consideration other business commitments; and
C. Has a satisfactory record of performance. A contractor seriously deficient in
current contract performance, considering the number of contracts and
extent of the deficiencies, is presumed not to meet this requirement unless
the deficiencies are beyond its control or there is evidence to establish its
responsibility notwithstanding the deficiencies. Evidence of such satisfactory
performance record should show that the contractor:
• (1) Has a satisfactory record of integrity in its dealings with government
agencies and with subcontractors, and is otherwise qualified to receive an
award under applicable laws and regulations;
(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
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
CONTRACT BID FORMS
BIDDER:
•
CONTRACT BID FORMS
TABLE OF CONTENTS
SECTION 3 NON-COLLUSION AFFIDAVIT ............................................................................10
11
BIDDER:
SECTION 1 - BID SCHEDULE
CBF-0
t
BIDDER:
• e
BID SCHEDULE
SCHEDULE OF PRICES FOR
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT
CDBG PROJECT No. P46402
BASE BID SCHEDULE
1:
UNIT OF
EST.
UNIT
ITEM
NO.
ITEM DESCRIPTION
MEASURE
QTY.
PRICE
COST
1
Clearing & Grubbing per plans and
specifications. See technical
provisions.
LS
1
2
Disposal of Waste Materials
LS
1
3
Construct PCC Curb Ramps per
APWA Sid. Plan 111-3. See Curb
Ramp Tabulation on Appendix A
per Details and Locations.
Ea
68
4
Furnish and install ONLY
Truncated Domes Detectable
Warning Surfaces - ARMORCAST
or Approved Equal see appendix A
per details.
Ea
12
TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$
Dollar amount in written form
ALTERNATE BID ITEM 1
NO.
ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
CITY.
UNIT
PRICE
ITEM
COST
5
Construct 4-inch PCC Sidewalk
per APWA Std Plan 113-1.
SF
450
6
Construct PCC Cross and
Longitudinal Gutters per APWA
Std. Plan 122-1. Intersection of
Emerson Avenue and Kelburn
Avenue
SF
300
CBF-1
BIDDER:
TOTAL ALTERNATE BID PRICE (SCHEDULE BID PRICE):
Dollar amount in written form
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
after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third
party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the
written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall
govern.
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 cashier's check or a bid bond in the amount of
Dollars said amount being not less than ten percent (10%) of the Total
Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award,
we fail or refuse to execute the Contract and furnish the required bonds, certificates and
endorsements of insurance and other certifications within the time provided.
If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be
prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for
the Contract, and will deliver to the Owner within that same period the necessary original
Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all
other documentation and certification required by the Contract.
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence
satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2)
evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract
resulting therefrom; and (3) any other information and documentation, financial or otherwise,
needed by Owner to award a Contract to the lowest responsible and responsive bidder.
CBF-2
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
Telephone Number
Bidder's/Contractor's State of Incorporation
Partners or Joint Venturers:
Bidder's License Number(s)
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the instructions to Bidders, Bidder will be require
to provide evidence that the person signing on behalf of the corporation,
nnrtnershio or ioint 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 are
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
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 Annual 2008-2009 Curb Ramps Construction Project as set forth in
the Notice Inviting Bids and accompanying Bid Documents, dated
NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the
OWNER and, within the time and in the manner required by the above- referenced
Bid Documents, enters into the written form of Contract bound with said Bid
Documents, furnishes the required bonds (one to guarantee faithful performance
and the other to guarantee payment for labor and materials) furnishes the required
insurance certificates and endorsements, and furnishes any other certifications as
may be required by the Contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. In the event suit is brought upon
this bond by the OWNER and judgment is recovered, said Surety shall pay all costs
incurred by the OWNER in such suit, including reasonable attomeys' fees to be fixed
by the court.
SIGNED AND SEALED, this day of , 20_
(SEAL)
Principal
By: By:
Signature
(SEAL)
Surety
Signature
CBF-6
BIDDER:
0 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 or about the construction of the Work in
an amount in excess of one-half of one percent (greater than 0.5 of the Bidder's Total
Bid Price, or, in the case of bids or offers for the construction of streets or highways,
including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten
thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of
the Work which will be done by each subcontractor. Bidder shall list only one subcontractor
for any one portion of the Work.
Pursuant to Public Contract Code Section 4104, the Owner has determined that it wiH allow
Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit
the information requested by the Owner about each subcontractor, other than the name and
location of each subcontractor.
If the Bidder fails to specify a subcontractor for any portion of the Work to be performed
under the Contract, it shall be deemed to have agreed to perform such portion itself, and
shall not be permitted to subcontract that portion of the Work except under the conditions
hereinafter set forth below.
Subletting or subcontracting of any portion of the Work in excess of one half of one percent
• (greaterthan 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction
of streets or highways, including bridges, in excess of one-half of 1 percent of the
Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no
subcontractor was designated in the original bid shall only be permitted in cases of public
emergency or necessity, and then only after Owner approval.
•
CBF-7
BIDDER:
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2.B LIST OF PROPOSED SUBCONTRACTORS (continued)
Duplicate Next 2 Pages H needed for listing additional subcontractors." j
Name and Location
Description of Work
of Subcontractor
to be Subcontracted
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Name:
Address:
I
Name and Location
Description of Work
of Subcontractor
to be Subcontracted
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Name:
Address:
Name and Location
Description of Work
of Subcontractor
to be Subcontracted
Name:
Address:
!
•
Name and Location
Description of Work
i
of Subcontractor
to be Subcontracted
Name:
Address:
Name and Location
Description of Work
of Subcontractor
to be Subcontracted
Name:
Address:
CBF-8
BIDDER:
2.C REFERENCES
The following are the names, addresses and telephone numbers for three public agencies for which BIDDER
has performed similar work within the past two (2) years:
1.
Name and Address
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
0
Typed or Printed Name
Bidder
11
Subscribed and sworn before me
This _ day of 20_
(Seal)
Notary Public in and for
the State of California
My Commission Expires:
CBF-11
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
CONTRACT AGREEMENT..
0
CONTRACT AGREEMENT
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
the term of this Agreement if necessary to complete the Services.
0
Name of Company]
2 of [insert last page number of agreement]
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Contractor shall also not be employees of
City and shall at all times be under Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
32.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
32.4 City's Representative. The City hereby designates [insert Name or
Title], or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert
Name or Title], or his or her designee, to act as its representative for the performance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
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
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(nsert Name of Company]
• Page 3 of [insert last page number of agreement]
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 prior to
the beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules and
• regulations, and shall exercise all necessary precautions for the safety of employees
[insert Name of Company]
Page 4 of [insert last page number of agreement]
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.
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
[insert Name of Company]
• Page 5 of [insert last page number of agreement]
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
is 33.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar
amount]) without advance written approval of City's project manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
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
0 written authorization from City's Representative
[insert Name of Company]
Page 6 of [insert last page number of agreement]
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. 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
[insert Name of Company]
• Page 7 of [insert last page number of agreement]
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 orwhen 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 recover from
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
0 the performance of the Services, the Projector this Agreement, including without limitation
[insert Name of Company]
Page 8 of [insert last page number of agreement]
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.
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.
[insert Name of Company]
• Page 9 of [insert last page number of agreement]
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Parry Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that
. it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to,
all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
• 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
[insert Name of Company]
Page 10 of [insert last page number of agreement]
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]
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[insert Name of Company]
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
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•
City Mayor
Attest:
Gloria Molleda
City Clerk
Approved as to Form:
Garcia Calderon Ruiz LLP
N
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
1 Yel l1V.
City Attorney
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02/08
Documents
[insert Name of Company]
Page 1 of [insert last page number of agreement]
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid
in addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits are subject to review but in no event less than $1,000,000
per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf"basis, with defense costs payable in addition to policy limits. Policy shall
contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $ per occurrence.
i
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D-1
[insert Name of Company]
• Page 2 of [insert last page number of agreement]
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better and
a minimum financial size Vll:
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 parry 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
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.
D-2
[insert Name of Company]
Page 3 of [insert last page number of agreement]
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
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
D-3
[insert Name of Company]
Page 4 of [insert last page number of agreement]
•
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.
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.
D-4
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•
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but. has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
D-5
•
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
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 forthe Annual 2008-2009 Curb Ramp
Construction Project and all other required structures and facilities within the rights-of-way,
easements and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated
(hereinafter the "Public Work Contract"); and
WHEREAS, the Contractor is required by said Public Work Contract to
perform the terms thereof and to provide a bond both for the performance and guaranty
thereof,
NOW, THEREFORE, we
the undersigned Contractor, as Principal,
and , a corporation
organized and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the CITY OF ROSEMEAD in the sum of
dollars,
said sum being not less than 100% of the total
amount payable by the said Obligee under the terms of the said Public Work Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his
or its heirs, executors, administrators, successors orassigns, 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.
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.
PERFORMANCE BOND - 1
• The said Surety, for value received, hereby stipulates and agrees that no
change, extensions of time, alteration or addition to the terms of the Public Work Contract
or to the Work to be performed thereunder, or the specifications accompanying the same
shall in any way affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work or to Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this
day on 120
Principal/Contractor
By:
President
Surety
By:
• Attomey-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.)
0
PERFORMANCE BOND - 2
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STATE OF CALIFORNIA ) j
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
PERFORMANCE BOND - 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
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
n
LJ
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
PERFORMANCE BOND-4
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS
CONSTRUCTION PROJECT
PAYMENT BOND
• PAYMENT (MATERIAL & LABOR) BOND
WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to
(hereinafter "Contractor"),
a contract for work consisting of but not limited to, furnishing all labor, materials, tools,
equipment, services, and incidentals for the Annual 2008-2009 Curb Ramps Construction
Project and all other required structures and facilities within the rights-of-way, easements
and permits;
WHEREAS, the Work to be performed by the Contractor is more particularly
set forth in that certain contract for the said Public Work dated
(hereinafter the "Public Work Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with
said Public Work Contract providing that if said Contractor or any of his or its
subcontractors shall fail to pay for,any materials, provisions, or other supplies, or terms
used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of
the California Civil Code, with respect to such work or labor, that the Surety on this bond
will pay the same together with a reasonable attorney's fee in case suit is brought on the
bond.
• NOW, THEREFORE, we
the undersigned Contractor, as Principal
and ; a corporation
organized and existing under the laws of the State of and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men,
persons, companies or corporations furnishing materials, provisions, and other supplies
used in, upon, for or about the performance of the said Public Work, and all persons,
companies or corporations renting or hiring teams, or implements or machinery, for or
contributing to said Public Work to be done, and all persons performing work or labor upon
the same and all persons supplying both work and materials as aforesaid excepting the
said Contractor, the sum of dollars,
said sum being not less than 100% of the total amount payable by
said Obligee under the terms of the said Public Work Contract, for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or
its subcontractors, heirs, executors, administrators, successors, cr assigns, shall fail to pay
for any materials, provisions, or other supplies or machinery used in, upon, for or about the
performance of the Work contracted to be done, or for work or labor thereon of any kind, or
fail to pay any of the persons named in California Civil Code Section 3181, or amounts due
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
PAYMENT BOND - 1
Employment Development Department from the wages of employees of the contractor and
his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, and all other applicable laws of the State of California and
rules and regulations of its agencies, then said Surety will pay the same in or to an amount
not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the
prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court
costs, necessary disbursements and other consequential damages. In addition to the
provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all
persons, companies and corporations entitled to make claims under Sections 3110, 3111,
3112 and 3181 of the California Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or additions to the terms of the said Public Work
Contract or to the Work to be performed thereunder or the specification accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract or to
the Work or to the Specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this
day on 120
Principal/Contractor
By:
President
Surety
By:
Attorney-in-Fact
PAYMENT BOND - 2
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On this _ day of in the year
before me, a Notary Public in and
for said state, personally appeared
known to me (or proved to be on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument as the Attorney-in-Fact of the
(surety) and acknowledged to me that he
subscribed the name of the (surety) thereto and his
own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
My Commission Expires
•
•
PAYMENT BOND - 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
that
certify that I am the
Secretary of the corporation named as principal in the attached bond,
who signed the said bond on behalf of
the principal was then of said corporation;
that I know his signature, and his signature thereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its
governing Board.
(Corporate Seal)
Signature
Date
NOTE: A copy of the power of attorney to local representatives of the bonding company
may be attached hereto.
PAYMENT BOND - 4
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
CONTRACT PROVISIONS
0
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).
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-
2. 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 Concem(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
The:"X" FACTOR
At Least
But Less Than
is'the:.Lesser than
$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%
2
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions
are included in this Contract pursuant to the provisions applicable
to such Federal assistance.
A. 1. (t) Minimum Wages. All laborers and mechanics em-
ployed or working upon the site of the work will be paid uncondi-
tionally and not less often than once a week, and without subse-
quent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations Issued by the Secre-
tary of Labor under the Copeland Act (29 CFR Part 3), the full
amount of wages and bona fide fringe benefits (or cash equiva-
lents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, re-
gardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section I(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly)
underplans, funds, or programs, which coverthe particular weekly
period, are deemed to be constructively made or incurred during
such weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classi-
fication of work actually performed, without regard to skill, except
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-
forming work in more than one classification may be compensated
at the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which
work is performed. The wage determination (including any addi-
tional classification and wage rates conformed under 29 CFR
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible, place where it can be
easily seen by the workers.
(if) (a) Any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage deter-
mination. HUD shall approve an additional classification and wage
rate and fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe ben-
efits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(b) if the contractor and the laborers and mechanics to be em-
ployed in the classification (if known), or their representatives,
and HUD or its designee agree on the classification and wage
rate (Including the amount designated for fringe benefits where
U.S. Department of Housing
and Urban Development
Office of Labor Relations
appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of La-
bor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise HUD
or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD
or its designee do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determina-
tion. The Administrator, or an authorized representative, will Is-
sue a determination within 30 days of receipt and so advise HUD
or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB Control Number 1215-
0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para-
graph, shall be paid to all workers performing work in the classifi-
cation under this contract from the first day on which work is per-
formed in the classification.
(fit) Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either pay
the benefit as stated in the wage determination or shall pay an-
other bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs rea-
sonably anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, that the applicable stan-
dards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate ac-
count assets for the meeting of obligations under the plan or pro-
gram. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the De-
partment of Labor withhold or cause to be withheld from the con-
tractor under this contract or any other Federal contract with the
same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued pay-
ments or advances as may be considered necessary to pay la-
borers and mechanics, including apprentices, trainees and help-
ers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure
to pay any laborer or mechanic, including any apprentice, trainee
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 mi. Handbook 1344.1
•
of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and
on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall
make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (1) Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work preserved for a period of three years thereaf-
ter for all laborers and mechanics working at the site of the work.
Such records shall contain the name, address, and social secu-
rity number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof
of the types described in Section I(b)(2)(B) of the Davis-bacon
Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Sec-
tion I(b)(2)(B) of the Davis-Bacon Act, the contractor shall main-
tain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially re-
sponsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
designee if the agency Is a party to the contract, but if the agency
is not such a party, the contractor will submit the payrolls to the
applicant sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submitted shall set out ac-
curately and completely all of the Information required to be main-
tained under 29 CFR 5.5(a)(3)(1). This information maybe submit-
led in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Gov-
ernment Printing Office, Washington, DC 20402. The prime con-
tractor is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a'State-
ment of Compliance; signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the per-
sons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, ap-
prentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without re-
bate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the appli-
cable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall sat-
isfy the requirement for submission of the "Statement of Compli-
ance" required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records re-
quired under subparagraph A.3.(i) available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such rep-
resentatives to interview employees during working hours on the
job. 11 the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant or owner, take
such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action pur-
suant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when
they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. De-
partment of Labor, Employment and Training Administration, Of-
fice of Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the Office, or if
a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not Individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an ap-
prentice wage rate, who is not registered or otherwise employed
as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actu-
ally performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other
than that in which Its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the
• form HUD-4010 (07/2003)
ret. Handbook 1344.1
Previous edition is obsolete
Page 2 of 4
journeymen hourly rate specified in the applicable wage determi-
nation. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the appren-
ticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage deter-
mination for the applicable classification. If the Administrator de-
termines that a different practice prevails for the applicable ap-
prentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Train-
ing, Employer and Labor Services, or a Stale Apprenticeship
Agency recognized by the Office, withdraws approval of an ap-
prenticeship program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is ap-
proved.
(if) Trainees. Except as provided in 29 CFR 5.16, trainees will
not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior ap-
proval, evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Train-
ing Administration. Every trainee must be paid at not less than
the rate specified in the approved program for the trainee's level
of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprentice-
ship program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the pay-
roll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Adminis-
tration shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the con-
tractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(III) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under 29 CFR Part 5. shall be in
conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contrac-
tor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in this contract
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the con-
tract and for debarment as a contractor and a subcontractor as
provided In 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related
Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpo-
rated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out
of the labor standards provisions of this contract shall not be sub-
ject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the De-
partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee,
the U.S. Department of Labor, or the employees or their repre-
sentatives.
10. (f) Certification of Eligibility. By entering into this contract
the contractor certifies that neither it (nor he or she) nor any per-
son or firm who has an Interest in the contractor's firm is a person
or firm ineligible to be awarded Government contracts by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate In HUD programs pursuant
to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant
to 24 CFR Part 24.
(III) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.G. 1001. Additionally, U.S. Criminal
Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Adminis-
tration transactions", provides in part: "Whoever, for the purpose
of influencing in any way the action of such Administration.....
makes, utters or publishes any statement knowing the same to be
false..... shall be fined not more than $5,000 or imprisoned not
more than two years, or both"
11. Complaints, Proceedings, or Testimony by Employees.
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be dis-
charged or In any other manner discriminated against by the Con-
tractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding
or has testified or Is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to
his employer.
B. Contract Work Hours and Safety Standards Act. The provi-
sions of this paragraph B are applicable only where the amount of
the prime contract exceeds $100,000. As used in this paragraph, the
terms 'laborers" and "mechanics' include watchmen and guards.
(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 (2) Violation; liability for unpaid wages; liquidated damages.
the compliance by any subcontractor or lower tier subcontractor In the event of any violation of the clause set forth in subpara-
with all the contract clauses in this paragraph.
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 3 of 4
graph (1) of this paragraph, the contractor and any subcontractor
• responsible therefor shall be liable for the unpaid wages. In addi-
tion, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for
each calendar day on which such individual was required or permit-
ted to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in
sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon written
request of an authorized representative of the Department of La-
bor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act
which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabillties of such con-
tractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in subparagraph (1)
through (4) of this paragraph and also a clause requiring the sub-
contractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are ap-
plicable only where the amount of the prime contract exceeds
$100,000-
(1) No laborer or mechanic shall be required to work in surround-
ings or under working conditions which are unsanitary, hazard-
ous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Sec-
retary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act, 40 USC 3701 of sea.
(3) The Contractor shall include the provisions of this para-
graph in every subcontract so that such provisions will be
binding on each subcontractor. The Contractor shall take such
action with respect to any subcontract as the Secretary of
Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
• form HUD-4010 (07/2003)
mf 14-dh-k I1 41
Previous edition is obsolete Page 4 of 4
Page 1 of 23
GENERAL DECISION: CA20080033 01/02/2009 CA33
Date: January 2, 2009 -
General Decision Number: CA20080033 01/02/2009
Superseded General Decision Number: CA20070033
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Los Angeles County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Publication Date
02/08/2008
02/15/2008
02/22/2008
02/29/2008
03/07/2008
04/04/2008
04/11/2008
05/09/2008
06/20/2008
07/04/2008
07/11/2008
08/01/2008
08/08/2008
08/15/2008
08/29/2008
09/12/2008
10/03/2008
01/02/2009
ASBE0005-002 08/07/2007
Rates
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems) $ 37.01
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) 20.76
ASEE0005-004 08/07/2006
Rates
Fringes
10.84
10.23
Fringes
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Page 2 of 23
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical. systems, whether
they contain asbestos or not) $ 19.55
BOIL0092-003 10/01/2007
Rates
BOILERMAKER $ 37.99
BRCA0004-007 05/01/2008
Rates
Bricklayer; Marble Setter $ 35.46
BRCA0018-004 06/01/2007
Rates
MARBLE FINISHER.: $ 24.02
• TILE FINISHER $ 19.82
Tile Layer $ 30.55
BRCA0018-010 10/08/2007
Rates
TERRAZZO FINISHER $ 25.54
TERRAZZO WORKER/SETTER $ 32.63
CARP0409-001 07/01/2007
Rates
6.38
Fringes
18.11
Fringes
10.60
Fringes
8.41
7.51
11.62
Fringes
8.62
9.41
Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer
$
35.51
9.20
(2) Millwright
$
36.01
9.20
(3) Piledriver/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or $cowman,
Rockslinger, Shingler
(Commercial)
$
35.64
9.20
(4) Pneumatic Nailer,
Power Stapler
$
35.76
9.20
• (5) Sawfiler
$
35.60
9.20
(6) Scaffold Builder
27.46
9.20
(7) Table Power Saw
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Page 3 of 23
operator $ 35.61 9.20
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional. Certified Welder
- $1.00 per hour premium.
CARP0409-002 07/01/2007
Rates
Fringes
Diver
(1)
Wet
$
639.29
8.20
.(2)
Standby
$
317.12
8.20
(3)
Tender
$
309.12
8.20
(9)
Assistant Tender
$
285.12
8.20
Amounts
in "Rates' column are
per
day
CARP090
9-005 07/01/2007
Rates
Fringes
Drywall
DRYWALL INSTALLER/LATHER $ 35.51 9.17
STOCKER/SCRP.PPER............ $ 10.00 6.56
CARP0909-008 01/01/2007
Rates Fringes
Modular Furniture Installer $ 18.25 7.16
ELE00011-009 07/28/2008
Rates Fringes
ELECTRICIAN (INSIDE
ELECTRICAL WORK)
Journeyman Electrician $ 35.95 3%+16.32
ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician. $ 35.60 3%+16.67
Technician $ 26.70 3%+16.67
FOOT NOTE:
CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per
hour above Journeyman Electrician basic hourly rate.
TUNNEL WORK: 10% additional per hour.
SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:
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Page 4 of 23
• Installation of street lights and traffic signals,including
electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of
pre-assembled multi-conductor cable in ducts, layout of
electrical systems and communication installation,
including proper position of trench depths and radius at
duct banks, location for man
holes, pull boxes, street lights and traffic signals.
Installation of underground ducts for electrical,telephone,
cable television and communication systems.
Pulling,termination and
splicing of traffic signal and street lighting conductors and
electrical systems including interconnect,detector loop,
fiber optic cable and video/cable.
TECHNICIAN:
Distribution of material at job site, manual excavation and
backfill, installation of system conduits and raceways for
electrical, telephone, cable television and communication
systems. Pulling, terminating and splicing of traffic signal
and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable
and video/data.
* ELE00011-005 03/01/2008
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent
Transportation Systems or CCTV highway systems)
• Rates Fringes
Communications System
Installer 26.43 30+7.60
Technician $ 28.23 3%+7.60
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for TV monitoring and surveillance, background foreground
music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom
and sound, burglar alarms and low voltage master clock
systems.
A. Communication systems that transmit or receive information
and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition
PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication
systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
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Page 5 of 23
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave
Guide
C. -Fire Alarm Systems-installation, wire pulling and
testing.
D. Television and Video Systems Television Monitoring and
Surveillance systems video Security Systems Video
Entertainment Systems Video Educational Systems CATV and
CCTV
E. Security Systems, Perimeter Security Systems, Vibration
Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems,
Card Access Systems
-Fire Alarm Systems
1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and
fringe benefits. Installation and termination of devices,
panels, startup, testing and programmming performed by the
Technician.
2. Fire Alarms-Open Wire Systems: installed by the Technician.
ELEC1245-001 06/01/2008
Rates Fringes
LINE CONSTRUCTION
'
(1) Lineman; Cable splicer..$
43.07
12.57
(2) Equipment specialist
(operates crawler -
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead 5
underground distribution
line equipment) $
34.40
11.53
(3) Groundman $
26.31
11.29
(4) Powderman $
38.46
11.69
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2008
Rates Fringes
ELEVATOR MECHANIC $ 43.10 16.285
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
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ENGIO012-003 07/01/2008
•
Rates
POWER EQUIPMENT OPERATOR
(All
Other Work)
GROUP
1
$
35.28
GROUP
2
36.06
GROUP
3
36.35
GROUP
4-
$
37.84
GROUP
5
38.94
GROUP
6
$
38.06
GROUP
7
$
39.16
GROUP
8
36.17
GROUP
9
39.27
GROUP
10
38.29
GROUP
11
$
39.39
GROUP
12
38.46
GROUP
13
38.56
GROUP
14
38.59
GROUP
15
$
38.67
GROUP
16
$
38.79
GROUP
17
38.96
GROUP
18
39.06
GROUP
19
$
39.17
GROUP
20
$
39.29
GROUP
21
$
39.46
GROUP
22
$
39.56
GROUP
23
$
39.67
GROUP
24
$
39.79
GROUP
25
39.96
POWER EQUIPMENT OPERATOR
(Cranes, Piledriving &
Hoisting)
GROUP
1
$
36.63
GROUP
2
$
37.41
GROUP
3
$
37.70
GROUP
4
$
37.84
GROUP
5
38.06
GROUP
6
38.17
GROUP
7
........5
38.29
GROUP
8
38.46
GROUP
9
........5
38.63
GROUP
10
$
39.63
GROUP
11
$
40.63
GROUP
12
$
41.63
GROUP
13
$
42.63
POWER EQUIPMENT OPERATOR
(Tunnel Work)
GROUP
1
$
37.13
GROUP
2
$
37.91
GROUP
3
$
38.20
GROUP
4
38.34
GROUP
5
$
38.56
GROUP
6
$
38.67
GROUP
7
$
38.79
Fringes
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
16.47
• FOOTNOTES:
PREMIUM PAY of $3.75 per hour shall be paid on all power
Page 6 of 23
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Page 7 of 23
equipment operator work at Camp Pendleton, Point Arguello,
and vandenburg AFB.
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes load, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor Operator;
Fireman; Forklift operator (includes load, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant) ; Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types) ; Skiploader (wheel type up to 3/4 yd.
without attachment) ; Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer) ; Equipment greaser (rack) ; Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type) ; Boring machine operator; Boxman or mixerman
(asphalt or concrete) ; Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck) ; Guard rail post driver operator; Highline cableway
signalman; Horizontal Directional Drilling Machine;
Hydra-hammer-aero stomper; Micro Tunneling (above ground
tunnel) ; Power concrete curing machine operator; Power
concrete saw operator; Power-driven jumbo form setter
operator; Power sweeper operator; Rock Wheel Saw/Trencher;
Roller operator (compacting) ; Screed operator (asphalt or
concrete) ; Trenching machine operator (up to 6 £t.); Vacuum
or much truck.
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type), Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
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• machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 7: Welder - General
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
• work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck); _
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
• similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
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Page 9 of 23
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP ll:.Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 19: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
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• GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system.(multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
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Page II of 23
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes load,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 9: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/9 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane.
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
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• (over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
• GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhce operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGIO012-004 08/01/2008
Rates Fringes
• POWER EQUIPMENT OPERATOR
(DREDGING)
(1) Leverman $ 43.28 16.47
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(2) Dredge dozer
$
38.81
(3) Deckmate
$
38.70
(4) Winch operator (stern
winch on dredge)
$
38.15
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand
$
37.61
(6) Barge Mate
$
38.22
IRON0002-004 07/01/2008
Rates
Ironworkers:
Fence Erector $ 25.96
Ornamental, Reinforcing
and Structural $ 31.83
16.47
16.47
16.47
16.47
16.47
Fringes
14.08
22.17
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
LAB00300-001 07/01/2008
Rates Fringes
Brick Tender $ 27.17 13.75
LABO0300-003 07/01/2008
Rates Fringes
LABORER (GUNITE)
GROUP 1
$
29.79
16.87
GROUP 2
28.84
16.87
GROUP 3
$
25.30
16.87
LABORER (TUNNEL)
GROUP 1
$
30.74
14.04
GROUP 2
$
31.06
14.04
GROUP 3......
31.52
14.04
GROUP 4
$
32.21
14.04
LABORER
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•
i
I
I
i
Page 14 of 23
GROUP
l_ .
$
26.33
13.75
•
GROUP
2
.....5
26.88
13.75
GROUP
3
$
27.43
13.75
GROUP
4
$
28.98
13.75
GROUP
5
$
29.33
13.75
Laborers:
GROUP
1
$
26.33
13.75
GROUP
2
$
26.88
13.75
GROUP
3
$
27.43
13.75
GROUP
4
$
28.98
13.75
GROUP
5
$
29.33
13.75
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
751-0" above base level and which work must be performed in
whole or in part more than 75'-0" above base level, that
work performed above the 75'-0" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks-); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - allconcrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
• pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
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I
wet sacked concrete; Roto scraper and tiller; Sandblaster:
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
("applying" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services; i
Rock Slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe,.metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Ports Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Bull gang mucker, track person; •
Changehouse person; Concrete crew, including rodder and
I
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•
•
spreader; Dump person; Dump person (outside); Swamper
(brake person and switch person on tunnel work); Tunnel
materials handling person
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Nipper; Pot tender, using mastic or other
materials (for example, but not by way of limitation,
shotcrete, etc.); Vibrator person, jack hammer, pneumatic
tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LAB00300-005 08/06/2008
Rates
Fringes
LABORER
PLASTER CLEAN-UP LABORER .
$
26.65
13.70
PLASTER TENDER
$
29.20
13.70
LAB00882-002 01/01/2008
Rates
Fringes
Asbestos Removal Laborer
$
25.15
12.25
SCOPE OF WORE: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
LABO1184-001 07/01/2008
Rates Fringes
•
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer 27.05 9.40
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(2) Vehicle Operator/Hauler
27.22
9.
40
(3) Horizontal Directional
Drill Operator
29.07.
9.
40
(4) Electronic Tracking
Locator
. $
31.07
9
.40
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1
27.75
12
.06
GROUP 2
. $
29.05
12
.06
GROUP 3
. $
31.06
12
.06
GROUP 4
. $
32.80
12
.06
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
PAIND036-001 07/01/2008 -
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint $ 26.05 8.54
(2) All Other Work $ 29.32 8.54
REPAINT of any structure with the exception of work involving
the aerospace industry, breweries, commercial recreational
facilities, hotels which operate commercial establishments
as part of hotel service, and sports facilities, tenant
improvement work not included in conjunction with the,
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• construction of the building and all repainting of tenant
improvement projects.
FAIN0036-006 10/01/2008
Rates
DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:
Kern County line to Hwy.
45, South of Hwy. #5 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hsy.
#14, South to Hwy. #18,
East to Hwy. #395...........$ 29.19
Remainder of Los Angeles
County $ 33.22
PAIN0036-015 06/01/2008
Rates
GLAZIER $ 35.35
Fringes
11.29
11.29
Fringes
14.52
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
• --stage or any suspended contrivance, from the ground up
* PAIN1247-002 01/01/2009
Rates Fringes
SOFT FLOOR LAYER 30.85 9.05
PLAS0200-009 08/06/2008
Rates Fringes
PLASTERER $ 34.66 8.63
PLAS0500-002 07/01/2007
Rates Fringes
CEMENT MASON/CONCRETE FINISHER 28.00 16.45
PLUM0016-001 07/01/2008
Rates Fringes
PLUMBER/PIPEFITTER
(1) Work on strip malls,
light commercial, tenant
improvement and remodel
• work... $ 28.16 13.64
(2) work on new additions
and remodeling of bars,
restaurant, stores and
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commercial buildings not
to exceed 5,000 sq, ft. of
floor space $ 35.17
(3) A11 other work $ 36.27
PLUM0250-002 01/02/2006
Rates
REFRIGERATION MECHANIC
Refrigeration Fitter $ 33.30
PLUM0345-001 07/01/2008
Rates
PLUMBEE
Landscape/Irrigation Fitter.$ 25.98
Sewer 6 Storm Drain Work $ 24.62
ROOF0036-002 08/01/2008
Rates
ROOFER $ 31.65
15.03
16.01
Fringes
13.95
Fringes
13.01
14.84
Fringes
7.87
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour "pitch premium" pay.
SFCA0669-013 01/01/2009
DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT
PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS
OF LOS ANGELES:
Rates Fringes
SPRINKLER FITTER 32.65 16.05
SFCA0709-005 09/01/2008
THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS
ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS
ANGELES:
Rates Fringes
SPRINKLER FITTER (Fire).......... $ 38.08 19.15
SHEE0105-002 07/01/2008
LOS ANGELES (South of a straight line between gorman and Big
Pines includingg Catalina Island)
Rates Fringes
SHEET METAL WORKER
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• (1) Light Commercial: Work
on general sheet metal and
heating and air
conditioning up to 4000 sq
ft 22.84
(2) Modernization :
Excluding New Construction
Under 5000 sq. ft. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment.................... $ 22.84
SHEE0105-003 07/01/2008
5.57
5.87
LOS ANGELES .(South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work.... $ :....38.07 15.12
.(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort 32.66 20.77
SHEED105-004 07/01/2008
KERN (Excluding portion East of Hwy 395) 5 LOS ANGELES (North
of a straight line drawn between Gorman and Big Pines including
Cities of Lancaster and Palmdale) COUNTIES
Rates
SHEET METAL WORKER 32.53
Fringes
13.94
TEAM0011-002 07/01/2008
Rates
CI
TRUCK DRIVER
GROUP 1
$
26.44
GROUP 2
26.59
GROUP 3
26.72
GROUP 4
$
26.91
GROUP 5
$
26.94
GROUP 6
$
26.97
GROUP 7
27.22
GROUP 8
27.47
Fringes
18.24
18.24
18.24
18.24
18.24
18.24
18.24
18.24
4
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GROUP
9
$
27.67
18.24
GROUP
10
$
27.97
18.24
GROUP
11
$
28.47
18.24
GROUP
12
$
28.90
18.24
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
E1 Centro Naval Facility, Fort Irwin, George AFB, Marine
Corps Logistics Base at Nebo 6 Yermo, Mountain Warfare
Training Center, Bridgeport, Point Arguello, Point
Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire •
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
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• operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling.
. On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
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etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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I
i
El
FEDERAL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
REQUIREMENTS
EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the
contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will 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 contractor will send to each labor union or representative ofworkers 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 fumish 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 Labor for 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
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 contractor will include the provisions of Paragraph 1 a through 1 g 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
0
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
dollar amount 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
0
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).
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
4
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 other on-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
•
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 contractors 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 contractors EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing
business.
(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 contractors 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 contractors 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)
0
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.
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).
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.
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, atleast 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
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
0
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.
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 Tide 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.
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
•
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.
•
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.
CITY OF ROSEMEAD
• CURB RAMPS CONSTRUCTION PROJECT
COMPLIANCE FORMS
"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:
Company: _
Address:
Signature:
Title:
Date:
SWORN TO AND SUBSCRIBED TO BEFORE ME
Project Number:
This day of
(s/ Notary Public:
My Commission Expires:
4
20
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:
Company:
Address:
By:
Title:
0
Project Number:
i
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The ❑bidder, ❑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:
Affiliate Company:
By:
Title:
Total Number of Employees
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 60-1.7(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 bv;
(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.
0
• OpMENT. Community Development Commission
oE~i or ~ ~4'm
County of Los Angeles
.1Y
~ , Ili m
• uivo Mr
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, Chapter2.160 (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:
(CmitraandSubcauwaor)
(Dos)
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 Name:
Company Name:
Address:
Print Name:
Title:
Signature:
Project Number:
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD FORM 4230A
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
OMSA,,m lNU r:6o,ao„
(Em. a9ra62666)
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
S. 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
6. 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 All That Apply:
❑ 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.
Check One:
❑ 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
Log In:
(Typed name and signature)
Log out:
Phone Number
(a ) PREVIWS EDmON IS 00SO E
•
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
TO:
(Name of Labor Union. Workers Represmtative, etc.
Name of Business (contractor):
Project Name:
Project Number.
The Undersigned currently holds a contract with involving
funds of the U. S. Government, 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 Executive Order 11246, the undersigned is obligated not to discriminate against any employee
•
or applicant for employment because of race, color, religion, sex or national origin. This obligation
not to discriminate in employment includes, but is not limited to the follow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection: for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous
places available to employees or applicants for employment.
By:
(Print Name)
(sigoanve)
0
NOTICE OF SECTION 3 COMMITMENT
TO:
(Narrre of Labor Union, Workers Representative, etc
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(
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:
• SECTION 3 ECONOMIC OPPORTUNITY PLAN
•
1. Name and Address of Reporting Entity
(Recipient, Sub-recipient, Contractor, Subcontractor)
2. Federal Identification: (Contract/Award No.)
3. Dollar Amount of Award:
4. Contact Person:
5. Phone: (include Area Code)
6. Reporting Period:
7. Date Report Submitted
B. Program Code:
(Use a separate sheet for each Program Code)
Program Codes
F le Subsidy 2Section 202/611 3. PubGdlndian Housing Development, Operation and Modernization 4. Hmeless Assistance 5. HOME
E- State AdminMered 7. CDBG - Entlllement It. CDBG- Slate Administered 9. Other CD Programs 10. Other Housing Program
n~..r, s. c..... s..........,a 4 7,ininn L`nmmitmant
JOB
TOTAL
SECTION3
% of Aggregate Hires
CLASSIFICATION
NEW HIRES
NEW HIRES
Who are Section 3 Residents
%
Professionals
Technicians
%
%
Office/Clerical
Trade:
%
%
Trade:
%
Trade:
%
Trade:
Total:
e......d f`........ilment+. Carfinn Z o.. ,.11- ve.,d,.,e -q-ti Pr d.'l
NAME OF
SECTION 3 BUSINESS CONCERN
SPECIFY
CONSTRUCTION OR NONCONSTRUCT10N CONTRACT
CONTRACT
AMOUNT
$
$
$
$
TOTAL
$
Percentage of the total dollar amount to be awarded to Section 3 Business Concerns:
0
SECTION 3 ECONOMIC OPPORTUNITY REPORT (CONTRACTOR)
i. Recipient Name and Address
(Recipient, sub+ecipient Contmcta, subcontractor)
2. Project Number. Icowa Award W.)
3. Dollar Amount of Contract:
4. Contact Person:
5. Phone: (Include Area Code)
6. Reporting Period:
7. Date Report Submitted
8. Project Number.
9. Federal EIN:
i C.....t....mcn. R. Traininn rlnnnrt initioa nrnvlrt0rl to low-Income individuals fMinimum Gm1:30%of New Hires)
TOTAL
LOW-INCOME
% of Aggregate Hires
JOB CLASSIFICATION
NEW HIRES
NEW HIRES
who are low-income
%
Technicians
Office/Clerical
Professionals
%
%
Construction Trade:
Construction Trade:
%
TOTAL
%
r mau. ...u......,n,.......--------v
Number of Subcontracts awarded:
Name of Qualified Business Concern
.
Number of Section 3 Businesses Receiving Contracts:
Construction or Non-construction Contract
Amount
$
Total Dollar Amount of Subcontracts awarded to Section 3 qualifled Business Concems:
$
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 Concems for future employment.
OTHER • (Attach supporting documentation)
Z
SECTION 3 RESIDENT CERTIFICATION
(2008 Income Guidelines)
Employee's Name:
Employee's Address:
I hereby certify that I am a Section 3 resident; based on the following qualification(s):
1
2.
0
3.
I am not a public housing or low-income resident of the metropolitan area.
Employee Signature
I am a Public Housing Resident (specify Name of the Public Housing site):
I am a low-income resident of the metropolitan area.
Select your household size and gross annual income level (from all sources):
HOUSEHOLD SIZE & INCOME LEVEL
❑
1 $26,550 or less
❑
2 $30,300 or less
❑
3 $34,100 or less
4 $37,900 or less
❑
5 $40,950 or less
❑
6 $43,950 or less
❑
7 $47,000 or less
8 $50,050 or less
Date
Must Be Completed by Employer
The above-named person is a permanent full-time employee who was hired on:
The above-named person is a new-hire employee who was hired on:
This person's Job Classification is:
Name of Employer:
To Be Completed by Local Coufracting Agency
• Reference Category: ❑ Targeted Service Area - ❑ Youthbuild ❑ McKinney Homeless I]'Otfier Sectlou 3
Census Tract Number:
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 for housing, 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 business/firm 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 calwia.orgAwia/index.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 otherflyer 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 htti)://www.dir.ca.gov/databases/das/aicistart.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 placement websites such as
www.monster.com
V
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
Business Name
Date
License Number
To Be Completed by Local Contracting Agency
Preference Category: oTargeted Service Area oYouthbuild DDther - Census Tract Number:
SECTION 3 ECONOMIC OPPORTUNITY REPORT (CONTRACTOR)
1. Recipient Name and Address
(Recipient, Subaecipient, contractor, Subcontractor)
2. Project Number. (cane vAw w.)
3. Dollar Amount of Contract
4. Contact Person:
5. Phone: fmclude Area Code)
6. Reporting Period:
7. Date Report Submitted
6. Project Number
9. Federal EIN:
Part I: Employment & Trainino OooortunitiPS nrnvirtAH r
-
vruunr
a(minimum Goal: 30% of New Hires)
JOB CLASSIFICATION
TOTAL
LOW-INCOME
% of Aggregate Hires
NEW HIRES
NEW HIRES
Who are low-income
Technicians
00
Office/Clerical
0
0
Professionals
p/p
Construction Trade:
%
Construction Trade:
ova
TOTAL
ova
Part II: Subcontracts Awarded
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 AP Subcontracts:
$
Percentage of the total dollar amount awarded to qualified Business Concems:
%
Part III: Summary of the efforts that were made to generate economic opportunities
Trainedbo annsd/or)Employed _ low-income individuals equal to of the aggregate new hires. (Attach Resident
Certirca
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 advedisement)
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)
•
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 oremployee 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 or employee 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:
(Cwtracmdsubrnnvador)
By:
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
CONTRACT APPENDIX
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
PART "A"
GENERAL PROVISIONS
Standard Specifications. The Work hereunder shall be done in accordance with the
Standard Specifications for Public Works Construction ("Greenbook"), 2006 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'), 2006 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 for the 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 agents 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 are
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 Special Provisions (Part "C").
Total Bid Price - The amount stated in the Contract form, including authorized
adjustments pursuant to Change Orders, which is the total amount payable by the
City to the Contractor for performance of the Work under the Contract. Also
sometimes referred to as the "Contract Price" in the Standard Specifications and
other Contract Documents.
- END OF SECTION -
GENERAL PROVISIONS - 3
• SECTION 2 SCOPE AND CONTROL OF WORK
The construction of eighty (80) curb ramps, sidewalk, crosswalks 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
Contractor until the Contractor provides the aforementioned Subcontractor bonds to the
• Contractor."
GENERAL PROVISIONS - 4
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:
"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
GENERAL PROVISIONS - 5
• 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."
0
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:
"All survey monuments, centerline ties and survey reference points shall be
protected in place or reestablished where disturbed, in accordance with Section 8771 of the
Professional Land Surveyor's Act (Business & Professions Code Section 8700 et sec.),
prior to Project acceptance. This work will be the responsibility of the Contractor and shall
be at the Contractor's sole cost and expense."
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."
GENERAL PROVISIONS - 7
& 2-11 INSPECTION..
The provisions of Section 2-11 shall be amended to include the following at the end
of that Section:
"The Engineer shall have complete and safe access to the Work at all times during
construction, and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the Specifications, the Special
Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to
the Engineer's inspection."
"When the Work is substantially completed, the Engineer or a. representative of the
Engineer will make the final inspection."
"Whenever the Contractor varies the period during which Work is carried on any day,
he shall give adequate notice to the City's Representative so that proper inspection may be
provided. Defective Work shall be made good, and unsuitable materials may be rejected,
notwithstanding the fact that such defective work and unsuitable materials have previously
been inspected, accepted or estimated for payment."
"The Contractor shall prosecute work on any State highway or within any railroad
40 right-of-way only in the presence of an inspector representing the State Division of
Highways or the railroad company, and any Work done in the absence of such inspectors
will be subject to rejection. The Contractor shall make the appropriate notification
according to the instructions given on the State Encroachment Permit or railroad permit for
all inspections, and shall post all bonds and certificates required by the permit. The permit
shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay
for all testing and inspections required by a State Encroachment Permit or railroad permit."
•
GENERAL PROVISIONS - 8
2-12 SITE EXAMINATION
Section 2-12 shall be added to the Standard Specifications as follows:
"The Contractor shall have the sole responsibility of satisfying itself concerning the
nature and location of the Work, and the general and location conditions, such as, but not
limited to, all other matters which could in any way affect the Work or the costs thereof.
The failure of the Contractor to acquaint itself with all available information regarding any
applicable existing or future conditions shall not relieve it from the responsibility for properly
estimating either the difficulties, responsibilities, or costs of successfully performing the
Work according to the Contract Documents."
2-13 FLOW AND ACCEPTANCE OF WATER
Section 2-13 shall be added to the Standard Specifications as follows:
"Storm, surface, nuisance, or other waters may be encountered at various times
during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby
acknowledges that it has investigated the risk arising from such waters, has prepared its
Bid accordingly, and assumes any and all risks and liabilities arising therefrom."
2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
Section 2-14 shall be added to the Standard Specifications as follows:
"The Contractor shall give his personal attention to the fulfillment of the Contract and
shall keep the Work under his control. The Contractor shall not contract with any other
entity to perform in whole or in part the services required hereunder except in strict
compliance with Section 2-3 of the Standard Specifications and state law. In addition,
neither this Contract nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise
provided in Section 7103.5 of the State of Califomia 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:
113-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to
read as follows:113-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the
event of an increase or decrease in a bid item quantity of a unit price contract, the total
• amount of work actually done or materials or equipment furnished shall be paid for
according to the unit price established for such work under the Contract Documents,
wherever such unit price has been established; provided, that an adjustment in the
Contract Unit Price may be made for changes which result in an increase or decrease in
the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated
items of work."
"3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a
unit price contract, should the total quantity of any item of work required under the Contract
exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of
125 percent of such estimate and not covered by an executed contract Change Order
specifying the compensation to be paid therefor will be paid for by adjusting the Contract
Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work
involved in such excess will be made as provided in Paragraph 3-3.2, as amended in these
Special Provisions."
"Such adjustment of the Contract Unit Price will be the difference between the
Contract Unit Price and the actual unit cost, which will be determined as hereinafter
provided, of the total pay quantity of the item. If the costs applicable to such item of work
include fixed costs, such fixed costs shall be deemed to have been recovered by the
Contractor by the payments made for 125 percent of the Engineer's Estimate of the
quantity for such item, and in computing the actual unit costs, such fixed costs will be
excluded. Subject to the above provisions, such actual unit cost will be determined by the
• engineer in the same manner as if the work were to be paid for as extra work as provided in
GENERAL PROVISIONS - 10
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(0) 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 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."
GENERAL PROVISIONS - 11
i
•
r~
u
"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
for labor, one percent shall be added as compensation for bonding."
•
GENERAL PROVISIONS - 12
3-6 EXISTING CONDITIONS.
Section 3-6 shall be added to the Standard Specifications as follows:
"Contractor shall have the sole responsibility for satisfying itself concerning the
conditions, nature and location of the Project and the Work to be performed, as well as the
general and local conditions. Such conditions shall include, but shall not be limited to, local
labor availability, means of transportation, necessity for security, laws and codes, local
permit requirements, wage scales, local tax structure, contractors' licensing requirements,
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."
3-7 RESOLUTION OF CLAIMS OF $375,00 OR LESS.
Section 3-7 shall be added to the Standard Specifications as follows:
Resolution of claims of $375,000 or less shall be processed and resolved pursuant
to Public Contract Code Sections 20104 through 20104.8, which provisions are
incorporated herein by reference.
- END OF SECTION -
GENERAL PROVISIONS - 13
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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
equipment."
GENERAL PROVISIONS - 14
"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
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
GENERAL PROVISIONS -15
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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 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 - 16
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 - 17
0 5-5 DELAYS
The provisions of Section 5-5 of the Standard Specifications shall be amended to
add the following at the end of that Section:
"Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the
California Government Code (Sections 4215 and 4216) are incorporated by reference as if
fully set forth herein. In the event of any conflict between the Standard Specifications and
Government Code Sections 4215 and 4216, the provisions of Government Code Section
4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of
Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused
thereby and the indication of service laterals and appurtenances."
"The right is reserved to the owners of public utilities or franchises to enter upon the
streets for the purpose of making repairs or changes in their property which may be
necessary as a result of the Work. Employees of the City shall likewise have the privilege
of entering upon the street for the purpose of making any necessary repairs or
replacements."
"Contractor shall employ and use only qualified persons, as hereinafter defined, to
work in proximity to Southern California Edison's secondary, primary and transition
• facilities. The term "qualified person" shall mean one who, by reason of experience or
instruction, is familiar with the operation to be performed and the hazards involved, as more
specifically defined in Section 2700 of Title 8 of the California Administrative Code. The
Contractor shall take such steps as are necessary to assure compliance by all
Subcontractors."
- END OF SECTION -
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GENERAL PROVISIONS - 18
SECTION-6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The second paragraph of Section 6-1 of the Standard Specifications shall be
amended in its entirety to read as follows:
"After the Contract has been approved by the Owner, and a written Notice to
Proceed has been issued to the Contractor, the Contractor shall start the Work within 10
working days after the date specified in said Notice to Proceed. The Work shall be
diligently prosecuted to completion before the expiration of the time indicated in the Bid
Documents and Contract Form, plus any duly authorized extensions thereof."
The provisions of Section 6-1 of the Standard Specifications shall be amended to
add the following at the end of that Section:
"Notwithstanding anything to the contrary herein, the Contractor's proposed
construction schedule shall include the expected start and completion dates for all portions
of the contract Work. During a scheduling conference between the Contractor and the
City's Representative, the work schedule will be discussed and modified, if necessary, by
mutual agreement. Should it become necessary for the City to delay temporarily the
construction schedule agreed upon during the scheduling conference, every effort will be
made to permit a new construction schedule at the time most convenient to the Contractor,
thus permitting the Project to proceed with the shortest intramural movement of the
equipment. The Contractor shall notify the City's Representative in all such cases in order
to arrive at a mutually satisfactory schedule."
"Contractor's construction schedule shall be in a form provided for in the
Specifications. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the
Owner whenever specifically requested to do so by Owner and with each periodic
payment request. Failure to submit an updated and accurate construction schedule
shall render Contractor in breach of the Contract and shall entitle Owner to withhold
money therefor."
6-3 SUSPENSION OF WORK.
6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall
be amended to add the following at the end of that Section:
"The situations which will be deemed to be in the City's interest to suspend the Work
shall include, but shall not be limited to, the following: (1) unsuitable weather or such other
conditions that render the proper prosecution of the Work impracticable or inefficient; or (2)
when the Contractor or his workmen fail or refuse to carry out orders or to perform any or
all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an
adequate working force for any reason whatsoever (including, but not limited to, strikes,
GENERAL PROVISIONS - 19
• 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 riot 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 by the terms of the Contact."
"If the City determines that sufficient grounds exist to terminate the Contract as
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
GENERAL PROVISIONS - 20
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 setforth herein
for any part of the Work constructed hereunder, which during said one (1) year 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
GENERAL PROVISIONS - 21
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• which shall be delivered by the Contractor to the City before the Notice of Completion and
acceptance of the Work by the City. Said bond shall be in the form approved by the City
Attorney and executed by a surety company or companies satisfactory to the City in the
amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force
for a period of one (1) year after the date of Notice of Completion and acceptance.
Alternatively, the Contractor may provide for the Faithful Performance Bond furnished
under the Contract to remain in force and effect for said amount until the expiration of said
one (1) year period."
"The parties agree that no certificate given, with the exception of the certificate of
final payment, shall be conclusive evidence of the faithful performance of the Contract,
either in whole or in part, and that no payment shall be construed to be in acceptance of
any defective work or improper materials. Further, the certificate of final payment shall not
terminate the Contractor's obligations under his warranty herein above. The Contractor
agrees that payment of the amount due under the Contract and the adjustments and
payments due for any Work done in accordance with any alterations of the same, shall
release the City, the City Council and its officials, officers and employees from any and all
claims or liability on account of work performed under the Contract or any alteration
thereof."
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GENERAL PROVISIONS - 22
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 3:30 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"
-END OF SECTION -
GENERAL PROVISIONS - 23
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 (1-112) times the
basic rate for that worker."
"7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the
Business and Professions Code and Section 3300 of the Public Contract Code, all bidders
must possess proper licenses for performance of this Contract. Contractors shall meet the
California Contractor's license requirements set forth in the Notice Inviting Bids.
Subcontractors must possess the appropriate licenses for each specialty subcontracted.
Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider
any bid submitted by a contractor not currently licensed in accordance with state law and
pursuant to the requirements found in the Contract Documents to be nonresponsive, and
the City shall reject the Bid. The City shall have the right to request, and the Bidders shall
provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s)
currently held by that Bidder and each of the Bidder's subcontractors, before awarding the
Contract."
•
GENERAL PROVISIONS - 24
"7-2.2.5 Non-Discrimination. Contractor shall rot discriminate in the
employment of persons upon the Contract because of the rac(:, creed, color, national
origin, ancestry, non-disqualifying disability, age, medical condition, marital status, sex or
other classifications of such persons protected by federal, state zind 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 laccordance 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 Iof that Section:
"In addition, Contractor shall comply with all air pollution &ontrol 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 coilnply with the applicable
material requirements."
7-8.6 Water Pollution Control. The provisions of
Specifications shall be amended to add the following at the
"in addition, Contractor shall comply with the provisions of
Act as regulated by the U.S. Environmental Protection Agenc
Regulations Parts 122-124, the Porter-Cologne Act (California
7-8.6 of the Standard
that Section:
the Federal Clean Water
i in 40 Code of Federal
Nater Code), the Waste
GENERAL PROVISIONS - 25
• Discharge Requirements for Municipal Storm Water Discharges within the County of Los
Angeles and Section 7810 of the Arcadia Municipal Code. Suitable Best Management
Practices (BMPs) are listed in the California Storm Water Best Management Practices
Handbook for Construction Activities."
7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added
to the Standard Specifications to read as follows:
"The Contractor shall comply. with all local sound control and noise level rules,
regulations and ordinances, including hours of operation requirements. No internal
combustion engine shall be operated on the Project without a muffler of the type
recommended by the manufacturer. Should any muffler or other control device sustain
damage, the Contractor shall promptly remove the equipment and shall not return said
equipment to the job until the device is repaired or replaced. Said noise and vibration level
requirements shall apply to all equipment on the job or related to the job, including but not
limited to, trucks, transit mixers or transit equipment that may or may not be owned by the
Contractor."
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.4 Safety.
7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to
the beginning of the first full paragraph:
'In accordance with generally accepted construction practices, the Contractor shall
be solely and completely responsible for conditions of the job site, including the safety of all
persons and property in performance of the Work. This. requirement shall apply
continuously and shall not be limited to normal working hours. The Contractor's duty to
preserve safety shall include, but shall not be limited to, the erection and maintenance of
temporary fences, bridges, railings and barriers; the placement of guards; maintenance and
operation of sufficient lights and signals; and all other precautions necessary to maintain'
safety in the vicinity of the Work. Any duty on the part of the City's Representative or other
City employee or agent to give general engineering supervision of the Contractor's
performance is not intended to include the review of the adequacy of the Contractor's
safety measures. Nothing herein shall relieve Contractor of his sole and complete
responsibility for safety conditions on the Site."
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"
GENERAL PROVISIONS - 26
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 1, 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 entirety to read
as follows:
"The Contractor shall include in its bid amount the patent fees or royalties on any
patented article or process furnished or used in the Work. Contractor shall assume all
liability and responsibility arising from the use of any patented, or allegedly patented,
materials, equipment, devices or processes used in or incorporated with the work, and shall
defend, indemnify and hold harmless the City, its officials, officers, agents and employees
from and against any and all liabilities, demands, claims, damages, losses, costs and
expenses, of whatsoever kind or nature, arising from such use"
7-13 LAWS TO BE OBSERVED.
Section 7-13 of the Standard Specifications shall be revised in its entirety to read as
follows:
. 'The Contractor shall keep itself fully informed of all existing and future State,
Federal and local laws, rules and regulations; which in any manner affect those engaged 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
GENERAL PROVISIONS - 27
• obstruction of streets or the conduct of the Work, keeping open passageways and
protecting the same where they are exposed or dangerous to traffic. The Contractor shall
at all times comply with such laws, rules and regulations. If any discrepancy or
inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the
Work in relation to any such law, rule, ordinance, regulation, order, or decree, the
Contractor shall forthwith report the same to the Engineer in writing."
7-15 INDEMNIFICATION.
Section 7-15 shall be added to the Standard Specifications as follows:
"Contractor shall defend (with counsel of City's choosing), indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or
injuries, in law or equity, to property or persons, including wrongful death, to the extent
arising out of or incident to any acts, omissions or willful misconduct of Contractor, its
officials, officers, employees, agents, consultants and contractors arising out of or in
connection with the performance of the Work or this Contract, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with
Counsel of City's choosing, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its officials,
officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay
and satisfy any judgment, award or decree that may be rendered against City, its officials,
officers, employees, volunteers or agents, in any such suit, action or other legal
proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers or
agents for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. The only limitations on this
provision shall be those imposed by Civil Code Section 2782."
7-16 CONCRETE FORMS, FALSEWORK AND SHORING.
Section 7-16 shall be added to the Standard Specifications as follows:
"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."
•
GENERAL PROVISIONS - 28
- END OF SECTION -
GENERAL PROVISIONS - 29
•
• 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, for approval by the 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
• (OSHA)."
GENERAL PROVISIONS - 30
"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 sec."
"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 Owner for payment. All
billings shall be directed to the Engineer."
"Pursuant to Section 22300 of the California Public Contract Code, In accordance
with California Public Contract Code Section 22300, the City will permit the substitution of
securities for any monies withheld by the City to ensure performance under the Contract.
At the request and expense of the Contractor, securities equivalent to the amount withheld
shall be deposited with the City, or with a state or federally chartered bank in California as
the escrow agent, and thereafter the City shall then pay such monies to the Contractor as
they come due. Upon satisfactory completion of the Contract, the securities shall be
returned to the Contractor. The Contractor shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any interest thereon. The escrow
agreement used for the purposes of this Section shall be in the form provided by the City."
"The Contractor shall submit with each invoice the Contractor's conditional waiver of
lien for the entire amount covered by such invoice, as well as a valid unconditional waiver
of lien from the Contractor and all subcontractors and materialmen for all work and
materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by
California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor
shall submit a final waiver of lien for the Contractor's work, together with releases of lien
from any subcontractor or materialmen."
- END OF SECTION
GENERAL PROVISIONS - 31
CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
SUPPLEMENTARY
GENERAL CONDITIONS.
SUPPLEMENTARY GENERAL CONDITIONS
10-1 GENERAL
10-1.1 Description of Work
The work will consist of furnishing and installation of curb ramps, sidewalk cross
gutter, truncated domes detectable warning, 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 alternate products and 'a
statement with regard to the saving to the owner, if any, in case the substitution
would be permitted. The Engineer will have the right to make the final decision in
these cases and to insist on use of particular brands of products shown on the
drawings or in the specifications, if, in his opinion, such brands will be preferable
to the Engineer, in lieu of the requested substitutions.
10-1.4 Installation of Equipment - All materials and workmanship shall be in
accordance with the manufacturer's specifications and instructions.
SUPPLEMENTARY GCs-1
i
• 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 forty-five (45) 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 Holidays, and alternate Fridays in
Saturdays, Sundays,
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.
9. The contractor and all subcontractors shall attend a pre-construction
meeting at the time, date, and place determined by the City.
h. The contractor and all subcontractors shall obtain a Rosemead Business
License prior to the start of work.
•
SUPPLEMENTARY GCs-2
10-3 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
0 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 contractors 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.
0
SUPPLEMENTARY GCs-6
I
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
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION
PROJECT
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
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.
1.05 Restoration of Existing Improvements. All existing improvements removed or
damaged during construction shall be reconstructed in accordance with the applicable
TP-t
• provisions of the Standard Specifications for Public Works Construction, 2006 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.
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.
0 TP-2
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.
Saw cutting Portland cement concrete and asphalt concrete pavement for
construction of smooth and straight joins.
G. Protecting in place any utility line affected by this improvement.
H. 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.
1. Removing, replacing, backfilling, and compacting miscellaneous earthwork
resulting from removing existing improvements that are not replaced and
where excavations were made for concrete forming.
Protecting existing improvements and items within and adjacent to the right-of-
way.
K. Coordinating the construction with all utility companies.
L. 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.
M. Providing construction signs as specified in the Special Provisions of these
specifications.
N. Storing construction equipment and materials. (See Special Provisions, Section 17)
0. Providing enclosed toilets.
P. Replacing in kind any traffic striping affected by this improvement.
Q. Remove, adjust to grade and replace if necessary any utility pull boxes (water
meter, gas valve, water valve, electrical meter, etc.) affected by this
improvement.
TP-3
• R. Remove, relocate or modify any existing irrigation system affected by this
improvement.
S. Replace in kind any landscapedamage or affected by this improvement.
T. Protecting in place any traffic loops.
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. 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 to Residents. The Contractor shall distribute notices informing businesses
and residents that construction will be performed in proximity to their property. The notice
shall be distributed not less than 24 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.
SECTION 4 - EARTHWORK, ROADWAY EXCAVATION AND FILL
4.01 General. Earthwork, Roadway Excavation and Fill shall include excavating, removing,
hauling, disposing, and placing in fill embankment, using approved materials, to the
subgrade elevation indicated on the Plans. Roadway excavation shall include removal of
asphalt concrete pavement, Portland cement concrete pavement, roadway base material,
curb, sidewalk, and driveway approach. The work shall also include compacting original
ground, providing and placement of fill material, overhauling, finishing roadway subbase,
• TP-4
and miscellaneous grading. Earthwork, subgrade preparation, and finishing roadway shall
T
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.
I
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.
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 301-1.3, "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. Except as specifically noted below, 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 all in accordance
with the provisions of Section 5 of the Technical Provisions of these Specifications.
•
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 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-Waterinq. 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
j
accomplished by methods, which will insure a dry excavation, the preservation of final
grades, and proper soil conditions.
TP-5
•
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. No separate payment will be made for Earthwork, Roadway Excavation and
Fill. 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.
SECTION 5 - REMOVAL, HAULAWAY, AND DISPOSAL OF MATERIALS
5.01 General. The Contractor shall remove, haulaway, and dispose of all existing
pavement, curb, curb and gutter, sidewalk, driveway, and other improvements including
landscaping, trees, and irrigation facilities interfering with the new construction unless
otherwise noted on the plans.
5.02 Payment. Payment for disposal of waste materials will be made at the unit price bid
under Bid Items No. 2. All cost for furnishing labor, materials, tools, equipment and
incidentals, and for doing all work involved as specified herein and directed by the Engineer,
shall be included in the unit price bid for the various contract items of work.
• SECTION 6 - PORTLAND CEMENT CONCRETE CONSTRUCTION
6.01 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 is the construction of curb ramps as described in this section and
as shown on the Plans.
The Contractor shall cover all new curb ramps with asphalt paper after the concrete
pavement has been finished. Asphalt paper shall be properly secured in place for at least
24 hours to avoid any vandalism. It shall be the Contractor's responsibility to protect the
new ramps with all available means from defacing or damaging acts. The Contractor shall
promptly restore or repair such damages as required by the Engineer at no expense to the
City.
6.02 Concrete Mix. Concrete for curb ramp 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.
6.03 Curb Ramp. Concrete curb ramp shall be constructed in accordance with Section
303-5 of the Standard Specifications and shall be per Standard Plan 111-3. In addition, the
depressed curb and gutter shall be constructed separately from the ramp. The Contractor
• shall protect in place and adjust valve covers and other structures that may be within the
TP-6
curb ramps area to new grade at locations indicated on the Curb Ramp Tabulation on
Appendix A. The Contractor shall include as part of the unit price bid for the construction of
curb ramps, curb and gutter along ramps, the cost of removal of curb, sidewalk and asphalt
and/or concrete pavement and construction of the curb ramp and asphalt and/or concrete
pavement for the entire area affected by the construction of the curb ramp.
At locations where the curb ramp is constructed adjacent to concrete cross gutter or
pavement, the concrete shall be saw cut and removed a distance of three (3) inches from
the flow line. After removing the forms for the construction of the curb ramp, the 3-inch area
of removed concrete pavement shall be replaced with concrete equal to the thickness of the
pavement removed. Asphalt concrete adjacent to the construction of curb ramps shall be
removed a distance of 3 feet per APWA Standard plans. Asphalt concrete pavement for
pave out sections constructed in conjunction with the construction of curb ramps shall be
minimum of 6-inch thick.
Truncated Domes Detectable Warning Surfaces. Truncated domes shall be installed on all
Proposed curb ramps. Contractor to obtain approval on the size and placement of the
truncated domes from the City Engineer. Truncated domes shall be yellow cast in place
ARMORCAST or approved equal. Contact Persons: Rolance Mehserdjian 818-489-9156 or
Larry Harden 818-263-3401. See specifications and standard drawing on Appendix A.
Curb and Gutter adjacent to the Curb Ramp shall not be poured monolithically with
adjacent concrete improvements such as ramps, etc.
After removing forms for curb ramp construction, the space left by the form and the area
beyond the form that was disturbed due to construction shall be filled with selected backfill
material to the elevation of the back of the curb ramp and restored to the conditions prior to
construction.
Any traffic striping and/or signage painted on pavement removed to accommodate
construction of curb ramps shall be replaced in kind after replacing the removed
pavement.
Contractor shall relocate and adjust to grade any street sign, traffic pull box, water
meter, water valve and traffic sign affected by this improvement.
Contractor shall replace in kind any broken or damaged sidewalk as indicated on tabulation
or by the inspector.
6.04 Curb Ramp Type and Location. The location at which curb ramps shall be constructed
is shown on the Location Map in the Appendix of these specifications. The curb ramp type
and case are shown on the table in the Appendix entitled Curb Ramp Tabulation..
Contractor shall be aware that some field modifications may take place at the time of
construction.
TP-7
• 6.05 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.
Expose roots within the subgrade area must be completely removed, voids backfilled and
compacted prior to placement of new sidewalk.
6.06 Payment. Payment for Concrete Curb Ramp Construction will be made at the unit
price bid under Bid Items No. 3. 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. The price shall include the cost of removing and replacing the concrete or asphalt
pavement adjacent to the construction and for replacement of any traffic striping or signage
and the construction of any retaining curb as necessary. The construction of any curb as
indicated in the Standards Plans or as necessary and the replacement of any broken
sidewalk as indicated.
SECTION 7 - ASPHALT CONCRETE PAVEMENT
• 7.01 General. Asphalt concrete pavement shall be C2-AR-4000 and shall be constructed in
accordance with Section 203, "Bituminous Materials" and Section 302-5, "Asphalt Concrete
Pavement" of the Standard Specifications and the Plans.
7.02 Asphalt Concrete Pavement Construction. Asphalt concrete pavement construction
shall be in accordance with Section 302-5, "Asphalt Concrete Pavement" of the Standard
Specifications. Asphalt concrete to be used for this work shall be C2-AR-4000.
For construction of curb ramps, the existing asphalt concrete pavement shall be saw cut and
removed a distance of three (3) feet from the edge of the existing gutter, parallel to the edge
of gutter. After construction of the curb ramp, the 3-foot wide area shall be paved with 6
.inches thick of asphalt concrete pavement after preparation of the subgrade and properly
rolled and finished.
7.03 Subgrade. Subgrade preparation for the pavement shall be as specified in Section 4
of these Specifications. Asphalt concrete pavement shall be constructed on compacted
subgrade of existing material.
7.04 Payment. No separate payment will be made for Asphalt Concrete Pavement and will
be included in the unit price bid for curb ramp construction. The price 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,
disposal fees and subgrade preparation.
TP-8
CITY OF ROSEMEAD
CURB RAMPS CONSTRUCTION PROJECT
PART "C
APPENDIX "A"
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CITY OF ROSEMEAD
ANNUAL 2008-2009 CURB RAMPS CONSTRUCTION PROJECT
SURVEYOR MONUMENT
INTERSECTION l
COMMENTS
SAN GABRIEL BLVD. & HELLMAN AVE.
NE CORNER
EXISTING SURVEYOR MONUMENT.
NW CORNER
EXISTING SURVEYOR MONUMENT.
HELLMAN AVE. & ALANREED AVE.
SE CORNER
EXISTING SURVEYOR MONUMENT.
SW CORNER
EXISTING SURVEYOR MONUMENT.
HELLMAN MV E. & ECKHART AVE.
NE CORNER
EXISTING SURVEYOR MONUMENT.
SW CORNER
EXISTING SURVEYOR MONUMENT.
.
HELLMAN AVE. &KELBURN AVE.
NW CORNER
EXISTING SURVEYOR MONUMENT.
.
HELLMAN AVE. & BRIGHTON ST.
_
NE CORNER
EXISTING SURVEYOR MONUMENT.
SE CORNER _
EXISTING SURVEYOR MONUMENT.
NW CORNER
EXISTING SURVEYOR MONUMENT.
SW CORNER
EXISTING SURVEYOR MONUMENT.
HELLMAN AVE. & DELMAR AVE.
SE CORNER
EXISTING SURVEYOR MONUMENT.
LYN AVE.
HELLMAN AVE. & EVE
_
SE CORNER
EXISTING SURVEYOR MONUMENT.
_
NW CORNER
EXISTING SURVEYOR MONUMENT.
HELLMAN AVE. & ISABEL AVE.
SE CORNER
EXISTING SURVEYOR
OR MONUMENT.
SW CORNER
EXISTING SURVEYOR MONUMENT.
HELLMAN AVE. & STEVEN AVE.
SW CORNER
EXISTING SURVEYOR MONUMENT.
STEVEN AVE. & EMERSON AVE.
.
NE CORNER
EXISTING SURVEYOR MONUMENT.
NW CORNER
EXISTING SURVEYOR MONUMENT.
PROSPECT AVE. & EMERSON AVE.
NE CORNER
EXISTING SURVEYOR MONUMENT.
NW CORNER
EXISTING SURVEYOR.MONUM,ENT.
EVELYN AVE. & EMERSON AVE.
NE CORNER
EXISTING„SURVEYOR MONUMENT.
SE CORNER
EXISTING SURVEYOR MONUMENT.
_
SW CORNER
EXISTING SURVEYOR MONUMENT.
DELMAR AVE. & EMERSON PL
SE CORNER
EXISTING SURVEYOR MONUMENT.
DELMARAVE. & WHITMORE AVE.
-
NE CORNER
EXISTING SURVEYOR MONUMENT.
SE CORNER
EXISTING SURVEYOR MONUMENT.
BRIGHTON ST. & DOROTHY AVE.
.
SW CORNER
_.._UR__
R
EXISTING SVE OY MONUMENT.
HERSHEY AVE. & KELBURN AVE.
_§cOR ...NER_
SW C
SURVEYOR MONUMENT.
EXISTING
JACKSON AVE. & COLUMBIA ST.
-
SE CORNER
EXISTING SURVEYOR MONUMENT.
.
SW CORNER
EXISTING SURVEYOR MONUMENT.
.
.
NE CORNER
NT.
EXISTING SURVEYOR MONUME
NW CORNER
EXISTING SURVEYOR MONUMENT.
DOROTHY AVE. & KELBURN AVE.
NW CORNER
EXISTING SURVEYOR MONUMENT.
NE CORNER
EXISTING SURVEYOR MONUMENT.
SW CORNER
EXISTING SURVEYOR MONUMENT.
NOTE:
SEE GENERAL CONDITIONS PAGE 7 PAGE i OF 1
0
TRUNCATED DOMES SPECIFICATIONS
u
11
SPECIFICATLONS
FOR POLYMER CONCRETE
DETECTABLE WARNTNG TILE PANELS
1.0 General Requirements
1,1 This specifloation states the regLreroents for detectable warning tiles for
installation in existing curb ramps and hazardous areas.
1.2 Sample and certified Test Reports
A representative sample of the proposed tile to be furnished must be submitted
along with the regmred certified test reportsfor approval.
1.3 Standards .
1.3.1 Detectable warning tiles must comply with detectable warnings on walling
s[sfaces section of the Americans with Disabilities Act (Title 49 CFR
TRANSPORTATION, part 37.9 STANDARDS FOR ACCESSIBLE .
TRANSPORTATION FACILITIES, Appendix A, section 4.29.2 DETECTABLE
WARNINGS ON WALKING SURFACES. .
2.0 Materials Re4uirements
er concreteDetectabl e Waming tiles shall be manufactured using polymer
Polym
erial
concrete material. Polymer concrete mat shall consist of calcareous and
siliceous stone, glass fibers and fl1emO eset polyester 'rosin. ne ndent testing laboratory for chemical
material shall be tested by an indeP
resistance and.mechawoal properties.
Chemical Resistance
/ .
Chemical Resistance ASTM D-543
AST'M D-1501
Simulated Sunlight
ASTM D-756 Procedure
Accelerated Service Test ASTM D-570
Aster Absorption criteria I
Material shall be determined to be acceptable if thelfollowing service test,
met. For chemical resistance, simulated sunE
and water absorption: retention of 75 percent of the control specimen
values for load and deflection and no more than 2 percent change For
weight. For flammability test, specimen should be self-exiinguishingh
fungns resistance test the material shosid not allow any fungus gr
Smoke density shall be less than 0.5 at 1.5 minutes and less than 15, at 4
ammability shall be less than 25.
minutes. Surface fl
2 .2 M r n; !U'rouerties
The mechanical Properties of polymer concrete material shall be tested by
an independent testing laboratory. Polymer concrete material shall have
the following mechanic al Properties:
Meehanical Properties Average Value Test Method
ethod 99
Compressive Strength 11,430 PSI
3,330 PSI ASTM C-580-02
Flexural Strength 1,710 PSI ASTM C307-99
Tensile Strength 11,670 PSI ASTM D-372-02
Shear Strength
1VIodulus of Elasticity !,776,400 PSI ASTM C-580
2.3 Conslrnti°Il detectable warning tiles shall be manufactured
1. For consistency,
using matched die molds under heat and pressure for uniform
material compaction, controlled chemical curing a
dimensions. shall have I/" thick
2. Polymer concrete detectable warning ties d domes height or
material sectional thickness excluding truncate
reinforcement ribs. hall have a 1!8" tapered
3 polymer concrete detectable warning tiles s
edges on the outside of the finished detectable warning tile.
4. Slip Resistance.ofPolymer concrete detectable warning tile when
tested by ASTM-C 1028 shall not to be less than 0.80.
5 Chemical Resistance. of Tile when tested by ASTM-D 543 to
withstand without any degradation or discoloration-1%
hydrochloric acid, Acetic Acid, Sulfuric. Acid, Sodium Chloride
Sodium Hydroxide, Sodium. Sulfate, Sodium Carbonate, Kerosene
and Oil.
6 The material shall be abrasive resistant and shall be warranted for 5
Average abrasi.
years against excessive w CSOl.on depth shall. not
exceed 0,030" when tested Per ASTM
and be self
7 The polymer concrete material shall not sustain. burning
extinguishing when tested in accordance with A5TM D 63 5.
8, The polymer concrete material shalt not promote fungus growth
when tested in accordance with ASTM Cr21. be tested
9. The polymer concrete material surface flammability
in accordance with ASTM B-162 and shall be less than 25. with I0. Smoke
shall be density les than e0.5 s eat 1.5 ~mindntese and lesASTM s than 66 a 04
minutes..
11. The polymer concrete material shall withstand 200 hours exposure
to salt and spray per ASTM 13117 without damage, or degradation.
3.0 Tesfine and Documentation Requirements
3.1 The Polymer concrete Detectable Wanting Tiles specified is based on Armorcast
Products Company (818-982-3600) or approved equal
3.2 Certified test report must be submitted to demonstrate conformance to this
specifications. Testing must be conducted by an independent testing laboratory.
3.3 Installation procedures must be submitted along with product drawings.
ARMORCAST PRODUCTS COMPANY
_ 13230 SakFcay St Norfh Hollywood, GA 91605
phone: 818: 982.3600 Fax= 818: 982.7742
www,armo rcasfiprod, oom
Detectable O/i/arning.` ile Panels
•
C]
Recommended Instkllation Procedure
1. Read and follow all manufacturer New P ured concrete should be cur d for a minimum of 21 days.
Z. installation area shouuld dbe be dry. and debris.
3, Sweep the desired location to remove loose dirt. _
4, Protect tiles from direct sunlight to reduce heat acenmulation prior to aPP1Y'mg adhesive to the
tinie-
tile: This is recommended to extend adhesive workability insert into a heavy duty or battery
9, Remove tube top, pull cap, cut bag tip , n
operated caulldng gun mixture is achieved prior to applying adhesive to tile-
6. Dispense adhesive until a uniform gray
7. Apply a uniform bead. (approximately 1/411) of adh b e laced otch ed out scratched areas
horizontal scratched areas. Remaining epoxy may P
and apply pressure. Adhesive should
place the detectable warning tile at the desired location
squeeze out around the perimeter of tile. .
9. Use putty knife and push all adhesive that.was squeezed out under the tiles. Clean excess
adhesive..
10. Protect the installed tiles from pedestrian traffic until adhesive is hardened.
The above installation instructions are not meant to override applicable codes or local agency's
requirements.
Recommended Anchorins Adhesive
• Sikadur AnchorFix-1- manufactured by Sik,
• T,,be Size: Net 10.1 FL, OZ. (300 ml)
• Must use 1 tube for 2'x3', 2'x4'& 2'x5' Till
Must use 2 tubes for 3'x4'& 3'x5' Tiles
•
Ner LLGaa
(epoxy not required.
' - Product Data Sheet
_ -dition 8.2003
Identification no. C370
rFix 1
1 Slkadur Anc:bo
l
1 sikauur@
q iaech~ ,e
l~otaFix- e
Modifled-acryl
ic anchoring adhesive
Slkadur Amh.rFX-I o.a two-componan6 solvent. and styrene-free, modlfled-acylc anchoring adhcsivs.
Dascriptlon
stenlnfl
dhwlvO for at Omuta of rtb.r , threaded rods, bolts and special fa sys teme.
i
A
Where FO Use
np a
nr
a Fasl-cuing anc
As
base matedaic.
Ins'.a11 In concrete and masonry
Advantages
a Low sensltlvly In -W-o errors. -
a Factaung.
• Styrens•frae, solvent-Free
a Low odor:
'
a I.wv waste.
ed/mixed with a standard, good aualhy caulking gun or se VSage gun.
e Can be dispens
sYC~m R~ °~se
one nt.Ilapslbie'e,UldgcIn carbtdge'
Packaging
1p fl.on (300 roll or 20 flan (650 mq hva-wmp
ky oapgang gun (10 flan) or eausafl. guh (20 11 M).
With a dandard, Good qua
' Gel and Curing Times
Applimbon Temperature Gei Time
'Cure Time
85°F (30•C) 3 min.
26 elite
cn•c r~n•nY 7 min.
60 min-
Caution
First Aid
Split
IEiFITAtfr: PassicIt'sensldzadoo,.U. glc motion pa6alble with Pmlon,eq contact
Eyes: Rinse for 1a minutes; Skin. Wsah with 6oaP and welsr;.Enh'al-ftnz Move be fresh alr;.ing.stlon: tf
do not kndaca -,dd g. contact a physlclan immedlatey with all cases If T'mPtome Persist
'svragowad, .
Venlgete area, Conac!'alth absorbent material. wear P-Per penmal Pro=d_ aqutpmant. Dispose a(Is.
a=.nfanee with local, state and bademl envaonmenlai regJla9on..
apd'Storage Avoid direct wnfacL Wear PmtectWe equipment (chendcal resistant gleyea/goggle./doth[ng) In prevent direct Una. Use adequate ILloo' adno"'
contact with skin and .yas. Re doom and windovon and uaie eonNlOSr approved re phatat Wstslh akin land hand.
-19 any venoleeon Is rmavagabit, op
aft.r ma.
g. g `dfb os.
Ooo,`u y.,P,..., 27-
27°C)eFld-out tlF i~!eeE:sy1411~1t.
(!r
aa4t}' "F
-
,
Co ~dFle.Ats'A'*'3 mxad:.urtlfntmr$~9
Ce6tit
Carrfpment'A':Cdttlporent'b'=.iQ:l by volume
9l~ irird$.atlD
.
Corn P. 'A'+'S' mixed: non-sag, oreaii y Paste
Gons{$tan.cy
Substrate and ambient: i4°-9fi°F (-10°-30°C)
APpllaadorf Temparature
s
75 Ibsigal.(0,33 kgfl)
2
Denslty(MbXed)
.
Load Capacltles •Threaded Rod
om® s.em.•
a,,,,, oat
u..aaram s.ma sr,ou ar .
mea,ad~w uoow
umwt+v a~ ~,~,e~ 1)fillowableloads basedonaminlmuhewar-
Higherherfact
of safety may
t
r of 3
o`+' f
a~
ua
.
rum
ac
o
rented depending bn actual apPlicatlonandio sit
,
a
i,rn conditions.
2)Mlnimum concrete base materiarthickness must
°
ca
aLbe 1.5 times the anchor embedment depth.
anchor must bathe
ar
a
a°° 31Allowable load-of adhesive
lesser of bond or steel strength.
®
i
v fn r!s
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aa+
x~
.
a
m
zm
r "For information on the .fracu at Anchor spacln0 and
lorm.nca, Ptesco
u
ss °
c
aos as 'Egg a NO ancs o o adhesive anchor par
contact sike'. T.chnical Service DepartmenL
;
s
~ Ya °W
sue
I cID
s ma
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D
m
x
~G
0
X
X
n. ~
m
z D
m r
m
n D
0
0
u
0
m
m
P,
y
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w m m*' *>20---i T o O
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3' =y~v NCmj~lj,Om
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N 55Z T n vvv~:'w~~
AAW D ~ m m m>J'N o,A
m 0 O O N p m N N 0 0 0 O
N
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m=
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➢ D➢ D D➢ D D D D➢
m. mmm:nrn0 mcnmrnu,m
M rncooooQoP~pp
mN W L9 W UN4
m N U v m U A O W m. v
N N UOO,Ow~iOO;vp
a MNNN6D
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m T, O m O Q 0 3 O X
mo2~:m.~ ] ~ m n0 p
FT 2 D y D m m m E In= ; o' R> n
<DGm O N N D 00 D i
p 0'. N Em =
A _ffm~~ mm~~ 1
a- CD 'M - N
'o C'Om o a'm~m aN.,~
n m~~.'~s~o~ co
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N 'a) ID ' N W
m g m m
= m W lJ
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D
N m m
r z
o ~
D
z
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r
r
i
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Z~
om
r~ a A
n
APWA STANDARD PLANS
1220 mm 4')
915 mm (3) MIN
A
k
'
1220 mm 4'
915 mm (3 MIN
-9*'
TRANSITION
_
a
4:1 MIN
I
I
y
N1~
1
r J
915 mm
'
M
NOTE 8
) MIN
(3
U
NOTE 2
a
a d
8.33.
i
MAX
CURB
X
1
x
CURB FACE
220 mm
1x (4)
TYPE 1
AORB
1220 mm (4')
mm
MIN
R
z . ~
R
ox GRADE BREAK
I a I
.
r NOTE 8
a
Y 3 NOTE 2
mI
6 U
S:EE S[ ;;t
8.3
ii3q ~ieF
I
N
a a
i!io tt: AX
X X
-
CUR
CURB FACE
12( ) m
xx '
4
~
~
N
AOR B
SEE FIGURE 1
TYPE 2
CASE A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
srnuMOtN~ PLAN
ruauc rnw~s srArm/+ms we
• . ' CURB RAMP 111-3
tnFdB°°N Ca1011i1EE
9M
f994 acn E-~.TW <rANDARD SPECIFICI' S_FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OE -1
nON
F t.
1
AOR B
1220 mm 4'
915 mm R
MIN
O 2
8.33% I
N<
I
B.33%
N
SI
BREAK
X
r
Q
N
Q
Y
E
q
NOTE
PLANTING AREA
,
PLANTING AR
CURB
CURB FACE }}II 00
N~
a 4)
AOR B
SEE FIGURE 1
Q X~t
P
1220 mm 4'
915 mm 3 MIN
PCC WALK
1220 mm 4 R Z
915 mm (3') MIN
3=
NOTE 2
PLANTING AREA
CURB FACE'
IF PLANTING AREA IS NOT
ADJACENT TO SIDE FLARE, USE
"X" PER TABLE 2 FOR THAT FLARE
TYPE 5
TYPE 6
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB RAMP
PARKWAY
w
2% ~
MA a
z
z
F
Z
/ J
CASE A
111-3
I
I
SKEW ANGLE a=4
OFFSET b=0
UNLESS OTHERWI`.
NOTED ON PLANS
3EE
SEE DETAIL
U N ~
C. OR
A. B,
N
A
r
3
NOTE 2'
Y
a
UFO
PLANTING P
a
AREA
REGRADI
CUR
CURB FACE
SEE DETAIL A, B. C OR C
-
•
3 3 Nla NOTE
Q U
01a NOTE 2
CURB'
CURB FACE
TYPE 2
CASE D
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB RAMP
2
CASE C
/NOTE 8
j A TYPE
5% AX
X=1220 mm (4')
IF ADJACENT TO
PLANTING AREA,
OTHEWISE SEE TABLE 1
z
vM
EE
AN
111-3
1 SEE NOTE 6
R Y 1220 mm 4' .
1 15 mm MIN
EXISTING ROULADE TOP OF
EDGE RAMP
% MA
ROADWAY 5% X .33% MAX
A2-0 CURB AND GUTTER
SECTION A-A
USE FIGURE 1 TO DETERMINE
WHICH OF SECTIONS A-A, B-B
SEE NOTE 6 PARKWAY OR C-C IS APPROPRIATE.
R Y 1220 mm 4'
ROUNDED TOP OF
EXISTING EDGE RAMP/ N DEPRESS BACK OF WALK
ROADWAY 5`X rSEE DETAIL A, B. C OR D,
f 2% AX SHEET 10.
A2-0 CURB AND GUTTEh'
SECTION B-B
SEE NC
EXISTING
ROADWAY
DEPRESS BACK OF WALK
SEE DETAIL A, B, C OR D,
/ SHEET 10.
_K
111-3
SECTION C-C
SECTION R-R
, nD 1F
SECTION S-S
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB RAMP
1220 mm (4')
915 mm MIN
Z.D~
GRADE BREAK
~x
T
m
CURB GUTTER I X.DOWN~ X.UP
CURB FACE SLOPE, S 22 mm
(4!)
TYPICAL CURB RAMP
I~►X-.D-OWN {I Ir X.UP
BACK OF WALKI I I _I
S GUTTER
SECTION T-T FLOW LINE
SLOPED STREET
FOR SLOPED STREETS, MULTIPLY THE DIMENSIONS PARALLEL -
TO THE STREET, X AND Z, UPSTREAM AND DOWNSTREAM OF
THE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE.
FOR EXAMPLE, X.DOWN = X x K.DOWN
S K.DOWN K.UP
0% 1.000 1.000
0.2% 0.977 1.025
0.5% 0.943 1.064
1% 0.893 1.136
2% 0.806 -1.316
3% 0.735 1.563
47 0.676 1.923
5% 0.625 2.500
TABLE 2 - SLOPE ADJUSTMENTS
TABLE 2 REFERENCE FORMULAS:
KZOWN - 8.333% / (8.333% + S)
K.UP = 8.333% / (8.333% - S)
STREET SLOPE ADJUSTMENTS
a
v
CURB RA
MP
.1
LH
1
~ x
3
3
3
~
J
w
3
WPJ a!
U
RIVEWAY
EXP JT
BCRI"
EXP JT
ABBREVIATIONS:
WPJ WEAKENED PLANE JOINT BCR BEGINNING OF CURB RETURN
WPJ
EXP JT EXPANSION JOINT ECR END OF CURB RETURN
WPJ
NOTES:
WPJ
1. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL JOINTS,
EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE
WPJ
BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND
UTILITY POLES LOCATED IN SIDEWALK AREAS.
TREE
WELL
WPJ
WPJ
2 WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR
'
UTILI
POLE
) IN WALKS AND
INTERVALS NOT EXCEEDING 3000 mm (10
l1
6000 mm (20') IN GUTTERS. JOINTS IN CURB AND WALK
\EXP
JT
SHALL BE ALIGNED.
WPJ
3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM
SIDEWALK.
EXP JT
E
EXP JT
~
~-PROPERTY LINE
~
¢
¢
w
~t1F
~ ~
3
S
X
0
CURB RAMP w
U
m
3
n.
x
w
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
I STANDARD PLAN
CURB AND SIDEWALK JOINTS METRIC
CflFFTIBOOK t?AIMITIEE
112-1
i0{
mv. I'm .,,r,.,r,,.,.n.,c rno oiiai ,r wnawc rnNSTRl1CT10N SHEET 1 OF 1
•
i
I
0
N. ,
WALK OR FILL-IN REPLACEMENT PFOR ROPERTY EXCAVATIONS MADE PARALLEL TO CURB
WALK LESS THAN 1500 mm (5') WIDE
.n'.ICIJT TO PROPERTY LINE
W1m
mGE
SAWCUT IF SCOftJJ -
EARTN OR CONCRETE FlLL-IN
WA
~I~ THAN WALK (3G-
-LACE 750 mm (30') MIN
1
WALK ADJACENT TO CURB
WALK ADJACENT TO CURB W ~soo mm GAVATIO M REDUCE 750 mm (SG•) MIN
i5
LE55 THAN AVATIO EPLACE WALK WDER SAWCUT ff LESS THAN 750 mm (3G-
15IfG mm IN ITS CURB REFI.ACE ENTIRE WA44
(5) WIDE G ENTIRETY
cu ER
CUTTER
FILL-IN 1500 mm (5') WIDE OR WIDER
FlLL-IN LESS THAN 7500 mm (5') WIDE
PL
PL WALK
WAU( SAWCUT IF SCdTIOU
SAWCUT IF SCORELINE ~'-~6•I SAWCU R I.Ess LP ENTIRE FILL- IN(J0ry
LESS MAN CAVATIO IN EPLACE FlLL-IN CAVATIO REPLACE 750 mm OW) MM
(5') W10E ENTIRETY GUTTER CURB
GUTTER
WALK OR FILL-IN REPLACEMENT FOR EXCAVATIONS MADE NORMAL TO CURB
OR PROPERTY LINE
(THESE REQUIREMENTS ALSO APPLY TO ENDS OF PARALLEL EXCAVATIONS)
W750 IF AN EXCAVATION FALLS WITHIN 750 mm (30") OF AN EXPANSION JOIN
BE CONSTRUCTION JOINT, WEAKE14ED PLANE JOINT, OR EDGE, THE CONCRETE SHALL
N.
REMOVED AND REPLACED TO THE JOINT OR EDGE.
IF AN EXCAVATION FALLS WITHIN 300 mm (12") OF A SCDREUNE, THE CdJCRETE
SHALL BE REMOVED AND REPLACED TO THE BCORELINE. THE SCORELINE SHALL BE
SAWCUT PRIOR TO REMVAL.
THE MINIMUM LENGTH OF REPLACEMENT IN BOTH CASES SHALL BE 750 mm (30").
SHALL
CoNs
NOTES WALK,
DRIVEWAYS
MUL-IN
NEATL 7. AWED EDGES. LL CUTSASHALL BE PARALLEL TO OR PER TO THE~URB:ON CURVES, THE LACEDT STHOALL BE Y
RADIAL TO THE CURB.
2 DRIVEWAY APRONS IN WHICH THE "W DISTANCE IS LESS THAN 330D mm (11') SHALL BE REPLACED IN THEIR ENTIRETY
THE
IF OUT M ANY AREA
3. DRIVEWAY APRONS IN WHICH THE 'W' DISTANCE IS 3300 mm (11') OR MORE MAY BE UT WITHIN THE "W SECTION.
MINIM EPL( CEMENT SHALL BE 750 mm (30") N LENGTH. THE MINIMUM DISTANCE ALLOWED BETWEEN SUCH CUTS SHALL
0
APRONS 4 R PLACEMENT SHALL WHICH ETHE NTIRE X ISTAR EIS 3300 mm OR MORE MAY BE UT N THE X . OR R SECTION.
(11' DRIVEWAY
BE THE OR SECTION,
5. DRIVEWAY APRONS SHALL BE REPLACED FROM THE BACK OF THE CURB TO THE FRONT EDGE OF THE WALK, EXCEPT, WHERE
WALK IS ADJACENT TO CURB, REPLACEMENT SHALL BE FROM BACK OF CURB TO BACK OF WALK
6. WALK PORTIONS OF DRIVEWAYS SHALL BE REPLACED AS SHOWN ABOVE FOR EXCAVATIONS MADE PARALLEL OR NORMAL
TO CURB.
7. REPLACEMENT OF THE X OR R SECTION SHALL MATCH EXISTING CONSTRUCTION.
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
• PRGM11LCAiFD % CE 3-
P11911C WORKS STAMGARII✓a5 MG SIDEWALK & DRIVEWAY REPLACEMENT
-E= P'kWITILY
190.
u . loge r Im PFCIFICATONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OF
WALK 1500 mm (5') WIDE OR WIDER
STREET SLOPE LESS THAN 4%
TRANS17ION
a
FLOW v FLOW UNE a
w SIR OR UNE jLIj4
STR GR u
~--FLOW _ ~
459 mm (6) I 9 m 4500 mm (157
I mmt 1200 mm 25 mm (15) G 500 nun
60 ~j (s) TYP ( NORMAL ff
PROPERTY LINE 8 ECR 5) m Em in °w WNLS 50 mm (27
tip ~o~
m Fo
E<~ UTTER GUTTER (2 0 E am
FOUR EOUALLY o~ r
"WELS
FOR CONTACT ° XP 'IT W EXP J
JOINTS-SEE NOTE 4
TYPICAL CROSS GUTTER PLAN
STREET SLOPE LESS THAN 4%
LONGITUDINAL
GUTTER STREET SLOPE 4% OR GREATER
STREET CENTERLINE
a FLOW LINE
CURB
NORMAL CF
MINUS 50 mm (2')
GUTTER
nun
LM 200
(B')
SECTION A-A
------t----
I
I
ECR ECR
PROPERTY PRC
LINE LINE
TYPICAL CROSS GUTTER PLAN
STREET SLOPE MORE THAN 4%
900 mm CURB
E ~
n " E (2')
IEVEL '
IC
SECTION B-B SECTION C-C
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
PRgNl X4 a ra
STANM.A , PLAN
P~°~ n"m~="`
CROSS AND LONGITUDINAL GUTTERS
122-1
fvie
Rfl
.
USE WITH STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION
SHEET 1 OF 2
SECTION D-D
i
~t
1
I
i
f
I
3
I~
I~
p
co
a
m
U
U
O
U
-
CONCRETE CURB I~
AND GUTTER I
II I
25 mm
D mm
DO mm
25 mm
(1
(3)
(3~)
rE
p
E E
E
F
•
1
0
1
.
O V H
100 mm
100 mm
(4)
SIX EQUALLY
SPACED
PCC
DOWELS FOR
CONTACT
JOINTS
SECTION A-A
SECTION B-B
DETAIL A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
PROINlGA=B1'Tff
T
NOMOS
NG
CROSS GUTTER AT
ST~METTRRICPS
wBUC WORKS S
I
A
`""FEND" 3°"""m
T INTERSECTIONS
123-1
REY
.
USE WITH STANDARD SPECIFlCATONS FOR PUBLIC WORKS CONSIRUCRON
SHEET 1 OF 2
6~
~T1
CONCRETTE CURB
AND G
I mll
I I III I
I I
~ I
900 3mm I / I
R16G
---FLOW £~90TS mm
\
WEAKENED PLANE ~I I
OR CONTACT JOINT A I I
PLAN I I
SEE DETAIL A--""t I
CONCRETE CURB
.AND GUTTER
E
'fl0
O
A + 15 mm (0.05')
~
°o v r
MINIMUM
E I /
A + 45 mm (0.15')
I EL A
FL~
MINIMUM
E n I \
E FF
am
A+15 mm (0.05')
0
N
MINIMUM
1500 mm
CONCRETE CURB
/r")
AND GUTTER
- Product Data Sheet
Fulton 8.2003
- Identification no. C3T0
' Slkadur AnchorFlx-1
Sikadurl
Modified-acry
adhesive
lic anchoring . .
dhesive.
onent solvent- and styrene-bse, modiflad-acMt° anchoring a
comD
Deserlptlon
stems.
slkadur Anchcri la-t is'a two-
Nreaded rods: boll and spedal ras:enin0 sY
adhesNe far all 9radee of reban,
Where to use
As a fast-curlnp enchonng
base materials.
nnate and masonry
Install is co
• Law censlUvity to mlxln9 anon.
Advantage`
• Fasladn0
a a[yrene-frae, solvent-hoe
a Lew od°c
a Low --in- od quality aulkNO Dun ar sausage gun.
ensetllmded with a smpdard, 04
Ready ass
rtam
'
.
• Can be dlsp
ey
in arMdon
ent xga0•Ible'arbidg•
Pankadlnci
650 ml) two-wmpan
10 It Iapo mn br 20 fl oz (to g.oL) w neueaga Dun I20 ft.°i).
-d oua d cauikln0 our l _
3 mht 2511
7 min. 50
I 'in 150
°F
t;
Poseb a with pmlooged_ contact '
WYX{p,(fr: posslbla'sanal0za0onlallergic reacUOn an: Mwa to trash att•,_In6aadam If . "
caution Smn; wash who svaP and vntar;,lMZlaU mms'Paraist.
Eyes: Wince for 16 minutes; a phjslGan ImmsdlazaN with zh wse! If symp -
First Aid swallowed, do not Induce wml&+g contact .
Vsntllala area, Collect with absorbdnt r aterlaL wear proper.penenal P(etecUVe equipment Clspase dk.
ate and tadsnl environmental regulations. aid tllrsct
Sp1il or Leak . a¢ardenos with loaf, st
assistant Iijoysd/go08leelGotnin0) I Prav
meet(chacdcal
it Storage Awid 11 contzd wear Pmtaabve c4atp spar use. Use adaquata veadjatlon. and adequate
hands
Handlin,9 lothtnQ roved WPirafor- Wet 'w epntaet with skin anti eyee- doom and wlndewcma add-In, an, KIDS?' app
s'di'llon la m a e abk, open
after use.
'fi r ` .:`gg tadk~ uaelt Adid?-3"s, l~lAmffl, :'d{:YtTd{}l Gdting If&
..r~;.~~
liiel,'uriopeliadPadmif*~f E.¢eF:cond~T,+.v1it4: I
ac acx4'outdi' reeL'st~t' It~PrC 1
;y;ag8b+ti3ttiaa :an-p.t!1~27`~ dl- .1 ,
CompdFlefits'A'9,6~ ~Qylr~h~~9
cb~jr Dnent't§a"IO:t by volume
.platto ComPoneM'A':Cdinp.
- +9 mlzed: nort-sag, cxs'my Pest's
Curn
Gons{a-neY
Substrdte and ambler(: 14'-B6°F F
A~pflc2HortTemParaturas
lied) 2.75 lbs./gel. (0.33 kg(Q
DensitY Load Capacitles Threaded Rod
based on a minim salty
.aa® sea wTm, 1 Allowable loads are f
°~0u W4 we a l P•d factor of 3. Higherfactors o safety nandlobsIts
w. pu w aw w+ ranted depending an actbel app lice
ccndttlons. tebasematdafihicknsss must
' se ,n. «m' ,,«s +as 21ML~Imumcone
,a ! be 1.5 limas the anchor embedment dep9t.
non
-+-w icio 3~Altswable load.of adhesive aFlChgr must bathe
~.w ,ors m- lesser of bond or steel strength.
Was R N -no
s,es a.
s,os a* "For lnfarmapon on the spools of Wfom-ao'-pigaess
iw e"ss r~ 'Frig a Distance onadhsatvesnchor pe(tgrm
"o, contact elks's Tacnnlcal Service DepaamenL
a uu >m
~ r sb+a a~ um
lY Fa «u ~ a.im mm
i
X
X
X
C? .
~l
z D
m r
n D
a
a
~ N
y
m_
z7 a
D a
X z
x
X
D
G
r-y -
x
F°
A
G
N
y a.
oa N
D
-n w0 oov~+~cx•o m'~D
c GSM S. El Rmid3 D ar'Mvm3'
3 m'c H.c c --m. M - mm,'p m'o o o&i X
-n .mom=m m °m 4-r N m o 3.3: v_tn= C]6 ODa
3 mN2TRr Nwo~ vm°c3 ;,o
w m 'O .p -Do o
. ~ >>~~;m~m1 m
> > a 3 0
N> V A M _0> W» (l1 C a S~- O m
AAwm m m m m ~J W>~ m C m
J Op~N ~N tNii N Omm . o WO y-. W 'O m l .Q co
J./
NUm Nov_~. (ten (~11 CD m
~ ~ m N - 2J O
m z m
0E D
Z
m ~ m
°N
D D D D D D D D➢ D D D D
m. mm~nrnmmmmmmmw -oa m
D
m mc~ooo~popQpQ ~ ° rn ~
OIU ~inJ>UWUUW-' N 11'
m OIL W J(JIUA OmmJ J ~ r
N N VI O m 0 W J O O N P
O tOONN ONO ~ z
W
O
z
m
r
r
I
4_
APWA STANDARD PLANS
'
1220 mm 4')
915 mm 3') MIN
i
.
A
1220 mm
4'
'
TRANSITION
915 mm
) MIN
3
4:1 MIN
x
i
z
Y J
9m
15 m
'
a NOTE B
n
Y 3
) IN
(3
N07E 2
m
- -
a a
8.33
_MAX
CURB
X X
CURB
FACE
1220 mm
~x (4)
TYPE 1
AOR B
1220 mm (4'
mm MIN
R
z . z
R
I < GRADE BREAK
r
NOTE 8
a
3 3
NOTE 2
m
y
v
P.SC x'F;
tsn
¢tt?:! B
3 w
Q p
a a
.
iY1
ii ~e[E
iai t:: ~ s: MAX
X
CURB
CURB FA
CE
xt " 4
4
1
AOR8
SEE FIGURE 1
TYPE 2
CASE A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STAND o PL"
• MRIc
PI~RKS 5T,V0ARM V!G
PUBl1C CURB RAMP 111-3
(RE&IBO 19 LOM1Y19FE
vvx
rnPaFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET i OF 1
Y
E
E
r 'R-v 'lot
3
Y
PLANTING
a AREA
CURB
CURB FACE
WHERE PLANTING AREA IS
ADJACENT TO THE CURB RAMP,
USE CASE A, TYPE 6
BCR
P~
ti 27 MAX
A 4' RADE BREAK
3 MI
ZNOTE B
~yL p1
VJ
2% MAX
TYPE 3
GRADE BRE
AK
1220 mm 4'
3
Ev
E E
975 mm 3 MIN
NOTE 8
BCR
U
U
a
NVy
N
im
3
1
NOTE 2
a
PLANTING
AREA
;
c
8-2)
R)
?
~
h
CUR
CURB FACE
P~k,
WHERE PLANTING AREA
IS
TYPE 4
ADJACENT TO THE CUR
B RAMP,
USE CASE A, TYPE 6
CASE A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANMMDCPLAN
111-3
CURB RAMP
SHEET 2 OF 10
A OR B
1220 mm 4'
915 mm 3 R
MIN e
'
NOTE 2
8.339.
y~l
x
3,33% l
it
I
N
Q
I
Q
N
3
w
NOTE
PLANTING AREA
i~<
i
CURB
CURB FACE
0
< 4)
AORB
SEE FIGURE 1
P
1220 mm 4'
915 mm 3 MI
PCC WALK
1220 mm 4
R
915 mm (3') MIN r-
NOTE 2 ~N
PLANTING AREA
CURB
CURB FACE
IF PLANTING AREA IS NOT
ADJACENT TO SIDE FLARE, USE
°X" PER TABLE 2 FOR THAT FLARE
CASE A
STAN%TR111CP71
. 0 STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION 111_3
CURB RAMS
SHEET 3 OF _
PARKWAY
FADE BREAK
X
N
PLANTING AREA
TYPE 5
w
29. <
b1 AX
z
5
a
/ TYPE 6
r ~ 1
i
NOT
33 R
as
CURB/
CURB FAC
c~N
TYPE 1
~yE MAT((
NOTE
o/
Y
3
3
Y
f~
a
v
NOTE
a
CURB'
CURB FACE
C
z-x z-x
975 mm r
rrTw1
G
TYPE 2
CASE 8
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB RAMP
111-3
SKEW ANGLE a=4
OFFSET b=0
UNLESS OTHERWI`.
NOTED ON PLANS
2
CASE C
Z
E
E
N SEE DETAIL
OTE 8
A, B, C. OR D
. N A 8.33
A TYPE 1
3 NOTE 2 =
5% MAX
Y
a PLANTING (3') MIN
'
a- AREA REGRADE
)
X=1220 mm (4
Y
IF ADJACENT TO
CURB
PLANTING AREA,
OTHEWISE SEE TABLE 1
CURB FACE
Y
z
91
(3') MIN
a
I
SEE DETAIL A, B. C OR D
v
E
A
E E
A E
°i
3 Nr< NOTE 8
6F-MAX
K U
Q U ~
NOTE 2
,
CUR
TYP E 2 .
CURB FACE
CASE D
•
STANDARD PLANS FOR PUBLIC WORKS
CONSTRUCTION
STANDARD PLA
MIC
111-- 3
CURB RAMP
sHmT 5 OF,
A
MA RADE BREAK
f~
t:
1220 mm (4')
915 mm (3') MIN
x
E
0
E
N d; Q MARKED'
<
A ORB LESS
AMAX- CROSSWALK
°U
S L I
xI 1220 mm (4
x
y
3
+
915 mm (3M
b\
Y
N
PLANTING
_
AREA
-
=
TYPE 1
NOTE 2
CURB A
R
j
NOTE 8
CURB FACE
jl*
X=1220 mm 4'
1220 mm X
WHEN ADJACENT
(4')
TO PLANTING AREA
x
~
M
D
MARKED
CROSSWALK
S
NOTE 2
Y X
J
a
3
~
3 ~
z
~
V N
CURB'
CURB FACE
E U,
E~
0
N a MARKED
59 MAX CROSSWALK
GRADE BREAK
X x
1220 mm NOTE B TYPE 2
~J
ix CASE E
\ MARKED
CROSSWALK
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
ARDOPUN
STAND
ill
-3
CURB RAMP
1
SHEET 6 OF 10
i
1
i
~i
I
PARKWAY
SEE NOTE 6
R _,I
EXISTING I(\
ROADWAY g9. M
4 t.
Y 1220 mm 4'
SE~
15 mm 3
ROUNDE
TOP OF
EDGE
RAMP
N
`k
~2% MAX
g.33% MAX
A2-0 CURB AND GUTTER
SECTION A-A
FIGURE 1 TO DETERMINE
CH OF SECTIONS A-A, B-B
SEE NOTE 6
PARKWAY
C-C IS APPROPRIATE.
R
EXISTING
\
DEPRESS BACK OF WALK
ROADWAY
=
C OR D
SEE DETAIL A
B
6fq
.
,
.
EET 10
.
~ SH
CURBAND
SECTION B-B
SEE NOTE 6 RR
ISTING
EX
ROADWAY ce.
\ DEPRESS BACK OF WALK
SEE DETAIL A, B. C OR D,
SHEET 10.
SECTION C-C
Z . 1220 mm (4
OF WALK
SECTION R-R
Z OR LESS
1220 mr
IOEPRESS BACK OF WALK
•
PCC SIDEWALK
SECTION S-S
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB RAMP
111-3
PARKWAY WIDTH, m
1.2 1.5 1.8 2.1 2.4 27 .tn
.0
0')
V
E 11
LU
U
Q
CO
C>' 2C
U 22
J
Q 25C
D 27;
Z
300
OR
NORMAL
CURB FACE,
mm (INCHES)
X. mm (FT)
SECTION Y-Y
Y, mm (FT)
50 (2")
1200 (4.00') MIN
790 (2.63')
75 (3")
1200 (4.00') MIN
1185 (3.95')
100 (4")
1200 (4.00')
1580 (5.26')
125 (5")
1500 (5.00')
1975 (6.58')
150 (6")
1800 (6.00')
2370 (7.90')
175 (7")
2100 (7.00')
2765 (9.21')
200 (8")
2400 (8.00')
3160 (10.53')
225 (9")
2700 (9.00')
3555 (11.84')
250 (10")
3000 (10.00')
3950 (13.16')
275 (11")
3300 (11.00')
4340 (14.47')
300 (12")
3600 (12.00')
4735 (15.79')
SEE SHEET 9
FOR STREET SLOPE
ADJUSTMENT
FACTORS, ALL STREETS
TABLE I
- X AND Y
VALUES
TABLE 1 REFERENCE FORMULAS:
X = CF / 8.3337
Y = CF / (8.
3337 - 27 WALK
CROSS SLOPE)
WHERE FIGURE 1 SHOWS USE OF SECTION B-B, FIGURE Z
DIMENSION AS FOLLOWS:
W = PARKWAY WIDTH
L = LANDING WIDTH, 1220 mm (4') TYP, 915 mm (3') MIN
Z = [(Y+L)-W] x 0.760
IF (Y+L) < W. THEN Z = 0
TABLE 1 SHOWS X FOR A FLARE SLOPE OF 8.33% AT
THE CURB FACE. IF L IS 1220 mm (4') OR MORE, X
MAY BE MULTIPUED BY 0.833 FOR A MAXIMUM FLARE
SLOPE OF 107 AT THE CURB FACE.
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CURB RAMP
111-3
FIGURE 1 - SECTION USAGE
i
4 ti
i
1220 mm
mm
Z.D~
BREAK
UuKrr GUTTER
CURB FACE SLOPE, S
TYPICAL CURB RAMP
BACK OF WALKi I I_
S GUTTER
SECTION T-T FLOW LINE
SLOPED STREET
FOR SLOPED STREETS, MULTIPLY THE DIMENSIONS PARALLEL
TO THE STREET, X AND Z. UPSTREAM AND DOWNSTREAM OF
THE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE.
FOR EXAMPLE, X.DOWN = X x K.DOWN
S K.DOWN K.UP
0% 1.000 1.000
0.2% 0.977 1.025
0.5% 0.943 1.064
1% 0.893 1.136 _
2% 0.806 . 1.316
3% 0.735 1.563
4% 0.676 1.923
5% 0.625 2.500
TABLE 2 - SLOPE ADJUSTMENTS
TABLE 2 REFERENCE FORMULAS:
K.DOWN = 8.333% / (8.333% + S)
K.UP = 8.333% / (8.333% - S)
STREET SLOPE ADJUSTMENTS
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STAND MtR ic'
111-3
3
CURB RAMP
SHEET 9 OF 10
305 mm 12"
19 mm
3 4")
6 mm !I 6 mm
(1/4") (1/4")
GROOVING DETAIL
CONSTRUCT FENCE OR
PER CONTRACT PLANS
Ito 1 PAVED SURFACE
iRFACE RETAINING CURB 1
DETAIL B
GRADED
SLOPE 2:1
MAX -{UNPAVED SURFACE
/
DETAIL C
GENERAL NOTES:
o
~
0
0
O
O
OO
O
E
23 mm
OO
OO
OO
0.90 n
SINGLE
o
O
OO
PATTERN O "TRUNCATED DOME"
DETECTABLE WARNING DETAIL
RETAINING CURBS VQ~mm UNPAVED SURFACE
DETAIL D
1. CONCRETE SHALL BE CLASS 31G-C-17 (520-C-2500) CONFORMING TO
SSPWC 201-1.1.2 AND SHALL BE 100 mm (4") THICK.
2. THE RAMP SHALL HAVE A 305 mm (12") WIDE BORDER WITH 6 mm (1/4")
GROOVES APPROXIMATELY 19 mm (3/4") OC. SEE GROOVING DETAIL
3. THE RAMP SURFACE SHALL HAVE A TRANSVERSE GROOMED SURFACE TEXTURE
CONFORMING TO SSPWC 303-1.9.
4. USE DETAIL "A" OR "B" IF EXISTING SURFACE BEHIND LANDING IS PAVED.
5. USE DETAIL "C" OR "D" IF EXISTING SURFACE BEHIND LANDING IS UNPAVED.
6. R = 900 mm (3') UNLESS OTHERWISE SHOWN ON PLAN.
7. ANGLE = A/2 UNLESS OTHERWISE SHOWN ON PLAN.
8. CONSTRUCT DETECTABLE WARNING SURFACE PER DETAIL THIS SHEET. MATERIALS
SHALL BE PER CONTRACT DOCUMENTS.
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANMQ~RDICPLAN
111-3
CURB RAMP
SHEET 1001`10
. V'.
•
3
w
3
CURB RAMP
x
0.0. aa
3 3 3
~
w
WPJ
v
DRIVEWAY
EXP JT
EXP JT
BCR'
ABBREVIATIONS:
WPJ WEAKENED PLANE JOINT BCR BEGINNING 'OF CURB RETURN
WPJ
EXP JT EXPANSION JOINT ECR END OF CURB RETURN
WPJ
NOTES:
J
1. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL JOINTS,
EXCEPT THAT EXPANSION JOINTS SHALL BE PLACED AT THE
WPJ
BCR AND ECR IN CURB, GUTTER AND SIDEWALK, AND AROUND
UTILITY POLES LOCATED IN SIDEWALK AREAS.
TREE WELL
WPJ
WPJ
2 WEAKENED PLANE JOINTS SHALL BE CONSTRUCTED AT REGULAR
'
UTIUTY POLE
) IN WALKS AND
INTERVALS NOT EXCEEDING 3000 mm (10
„r
~L
6000 mm (20') IN GUTTERS. JOINTS IN CURB AND WALK
~
EXP JT
SHALL BE ALIGNED.
WPJ
3. CURB AND GUTTER SHALL BE CONSTRUCTED SEPARATELY FROM
SIDEWALK.
EXP JT
ECR
EXP JT
ROPERTY LINE
WPJ
m
0
X
m
CURB RAMP
a
x
w
•
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
STANDARD PLAN
CURB AND.SIDEWALK JOINTS 112=1
rammouc muwrnx
ae
ncv. vne
SHEET OF 1
USE N7TH STANDARD SPECIFICATDNS FOR PUBLIC. WORKS CONSTRUCTION 1
WALK OR FILL-IN REPLACEMENT FOR EXCAVATIONS MADE PARALLEL TO CURB
OR PROPERTY LINE
t~
WALK LESS THAN 1500 mm (5') WIDE
SAWWT IF BCYIREl -
EARTI OR CONCRETE FILL-IN
WALK 1500 mm (5') WIDE OR WIDER
WALK ADJACENT TO PROPERTY LINE
EARTH M CONCRETE FILL-IN
750 mm (30') MIN
WALK ADJACENT TO CURB
KENT TO CURB
W ISOD mm
CAVATD
REPLACE 750 m_ (30)
55~ WIDE
CAVATD
REFUGE WALK R M10ER
SAWCU
IF 1F55 THAN 750 mm
cu
IN ITS
IX31B
REPLACE ENTIRE WALK
ENTIRE Y
GUTTER
GUTTER
FILL-1N LESS-THAN-1500 mm (5') WIDE
PL
WALK
SAWO.T IF SCORMUNE FlLL-I(N
C
1LFESS THAN cCAVATIO EDUCE FILL -IN
(5.) WIM 1N rt5
ENIIREIY
CUTIER
FILL-IN 1500 mm (5') WIDE OR WIDER
SAWCUT IF
CUTTER
750 men (30') MIN
WALK OR FILL-IN REPLACEMENT FOR EXCAVATIONS MADE NORMAL TO CURB
OR PROPERTY LINE
(THESE REQUIREMENTS ALSO APPLY TO ENDS OF PARALLEL EXCAVATIONS)
wALN O
IF AN EXCAVATION FALLS WITHIN 750 mm OF AN EXPANSION JOINT,
(30') N.
SAWCUT
JOINT, WEAKENED PLANE JOINT, NT, EDGE, THE CONCRETE SHALL
E
BE REMOVED
BE REMOVED AND REPLACED TO THE JOINT OR EDGE.
Flu-IN x
(12*) OF A
SCORELINE, THE L B
EXCAVATION
FALLS
A
E
THE
LL BE
REMOVED
AND PLACED TO THE
SH
cU~
SAWCUT PRIOR TO REMOVAL,
THE MINIMUM LENGTH OF REPLACEMENT IN BOTH CASES SHALL BE 750 mm (30').
GUTTER
NOTES
1. CONCRETE WALK, FILL-IN AND DRIVEWAYS REMOVED I CONNECTION WTH CONSTRUCTION SHALL BE REPLACED TO NEATLY
SAWED EDGE Al_ CUTS HALL BE PARALLEL TO OR PERPENDICULAR TO THE CURB; ON CURVES, THE CUT SHALL BE
RADIAL TO THE CURB.
2. DRIVEWAY APRONS IN WHICH THE 'W' DISTANCE IS LESS THAN 33DO mm (11') SHALL BE REPLACED IN THEIR ENTIRETY
IF OUT I ANY AREA
3. MDRIVEWAY APRONS IN INIMUM REPLACEMENT SHALL BE 750 mm (0") IS 3300 mm LENGTH. (THE MINIMUM S DISMAY BE TANCE a ALLOWED BETWEEN SUCH SECTION. HALL
BE 4200 mm (14').
4. DRIVEWAY APRONS I WHICH THEW DISTANCE IS 3300 mm (11') OR MORE MAY BE CUT IN THE X. OR R SECTION.
REPLACEMENT SHALL BE THE ENTIRE X OR R SECTION.
5. DRIVEWAY APRONS SHALL BE REPLACED FROM THE BACK OF THE CURB TO THE FRONT EDGE OF THE WAD(. EXCEPT, WHERE
WALK IS ADJACENT TO CURB, REPLACEMENT SHALL BE FROM BACK OF CURB TO BACK OF WALK
G. WALK PORTIONS OF DRIVEWAYS HALL BE REPLACED AS HDWN ABOVE FOR EXCAVATIONS MADE PARALLEL OR NORMAL
TO CURB.
7. REPLACEMENT OF THE X OR R SECTION SHALL MATCH CASTING CONSTRUCTION.
I STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION I
~w` 11Y THEE METRIC
( SIDEWALK DRIVEWAY REPLACEMENT I 113-1 I I
I
• _ STREET SLOPE LESS THAN 49
GUTTER TRANSITION GUTTER TRANSITION
nr RIDGE
~ 11 Fl OW ~ 9 Q ~FIOW UNE P;
- 1.
NORMAL OF
MINUS 50 mm
f UNE
mm
TTP
Lff
50 mm (21
i
•
'2UU mm
LEVE W(
SECTION A-A
F5 I EEO
EEa¢ 2
GTTER GUTTER (Y) E¢p
O
O~ W
W
~F3
JT
IXP J
TYPICAL
CROSS GUTTER PLAN
STREET
SLOPE LESS THAN 4%
STREET SLOPE 4% OR GREATER
STREET CENTERLINE
.-[7.OW LINE
-FLOW 1
UNEPERTY m~ ECR rEM UNE
7PRO PRO
TYPICAL CROSS GUTTER PLAN
STREET SLOPE MORE THAN 4%
L8 M mm (6')
goo mm ~~-M'
2:
ITF. g1ftB
E 72~
N
i-=
10(
SECTION B-B SECTION C-C SECTION D-D
SPACED
CONTACT
5 .
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
PUN
O~~o
sTAN
PRtl11R➢AIFD BY 1XE
C
~
CROSS AND LONGITUDINAL GUTTERS 122_1
USE WITH STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION SHEET i
LONGITUDINAL
GUTTER
Y ~t
WEAKENED PLANE JOINT OR
OPTIONAL CONTACT JOINT
PER NOTES 1,2, AND 3
PER NOTES 1 RAND;.. r.
~ F
11500 mm
(5') TYP
WEAKENED PLANE JOINTS 150D mm
PER NOTES 1 AND 2 (5') TYP
GUTTER
TYPICAL JOINT PLAN
'NT NEEDED WHEN
= 14 m (46') OR MORE
:ROSS GUTTER
NOTES: AKENED
NTS SHALL
PLACED IN 1 GUTTER ATLOCATIONS/SHOWNNONCTHE (TYPICAL JOINT PLAN HERE N. AND
2. WEAKENED PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 40 rnm
1-1/2") DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN
4 HOURS AFTER CONCRETE IS PLACED.
3. DOWELS FOR CONTACT JOINTS SHALL BE #13M BARS 450 mm LONG
(#4 BARS 18° LONG).
4. PLACE A WEAKENED PLANE OR CONTACT JOINT WHERE LONGITUDINAL ALLEY
GUTTER JOINS CONCRETE ALLEY INTERSECTION.
5. ALL EXPOSED CORNERS ON PCC GUTTERS SHALL BE ROUNDED WITH 15 mm .
(1/2") RADIUS.
6. CONCRETE SHALL.BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED.
1
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
CROSS AND LONGITUDINAL GUTTERS
AN
MDR CPLAN
ST
122-1
SHEET 2 OF 2
0
m
t4 K
U
U
O
~ U
25 mm' 900 m
E
1100
CONCRETE CURB-----.+
AND GUTTER II I
ll /
K
U
W
ANOCGU I zT vRB
I II'~I
UO mm r----Itl
I I
5
i
E I
v*L f I
900 mm I / 1
FL 1 3' / I
FLOW £-1909 mm 1^-~~~ 1
LIMB.I I
WEAKENED PLANE A I
OR CONTACT JOINT
PLAN
SEE DETAIL A- I I I
I-2-5 mm CONCRETE CURB
(3~ ( (1") AND GUTTER
00 mm
SIX EQUALLY SPACED
C DOWELS FOR CONTACT
JOINTS
SECTION A-A
e E I '(oo
E I
E I
0
0
t2
(0.05')
mm (0.15)
mm (0.05')
CONCRETE CURB
AND GUTTER
SECTION B-B DETAIL A
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
rueueA s sr BYYAF S,NG CROSS GUTTER AT.
~p~•BDOgD23 fL T INTERSECTIONS
Rv.
t»u SE KITH STANDARD SPECIFICA710N5 FOR PUBLIC WORKS CONSTRUCTIOD
123-1
NOTES:
1. WEAKENED-PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 35 mm
(1-1/2°) DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN
24 HOURS AFTER CONCRETE IS PLACED.
2. DOWELS FOR CONTACT JOINTS SHALL BE #13M BARS 450 mm LONG
(#4 BARS 18° LONG).
3. ALL EXPOSED CORNERS SHALL BE ROUNDED WITH 15 mm (1/2°) RADIUS.
4. CONCRETE SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED.
b.;
t .I