CC - Item 4C - Attachment D (Addendum # 1)
Attachment D
Addendum #1
CITY OF ROSEMEAD
CALIFORNIA
ADDENDUM #1
CONTRACT DOCUMENTS
SPECIFICATIONS
FOR
FY 25-26 ANNUAL PAVEMENT REHABILITATION
PROJECT NO. 21850, 21034, & 24009
Date Issued: June 23, 2026
Addendum 1, Page 1 of 2
Addendum for: FY 25-26 ANNUAL PAVEMENT REHABILITATION, Project NO. 21850,
21034, & 24009
Addendum No.: 1
Addendum Date: June 23, 2026
Issued by: City of Rosemead
Reminder 1: Bid due date/time remains unchanged. Bids are due at 2:00 p.m. on Wednesday,
July 1st , 2026.
Reminder 1: Please sign Addenda Acknowledgement on page CBF-5 of Bid Package Section
Titled “Contract Bid Forms”.
Addendum 1 reissues the revised Public Works Contract Template, which now indicates the
liquidated damages to match the Notice Inviting Bids ($500.00 per calendar day). Please see
Attachment A – Revised Public Works Contract Template per Addendum 1.
Addendum 1 reissues Part “C” Technical Provisions, which now includes a cross section that
indicates removal and replacement requirements for the localized full depth rehabilitation (dig-
outs) . Please see Attachment B – Revised Technical Provisions per Addendum 1.
Addendum 1 provides a response to the following question received:
Question 1: Based on the current plan sheets, all full-depth repair areas appear to fall within
roadway sections associated with Bid Item #2. Please confirm whether any of the indicated digouts
are to be considered Alleyway Full-Depth Rehabilitation per Line Item #12, or if such work will
be identified at the Engineer’s discretion?
Response 1: Bid Item #2 is intended to be utilized for roadway rehabilitation only. Known “Dig
Out” locations as listed per project plans DO NOT all fall within a roadway that will be entirely
resurfaced. Other “Dig Out” areas will be identified through the course of construction at the
Engineer’s discretion by using remaining quantities from Bid Item #2. Bid item #12 provides a
budgetary line item for areas discovered within alleyways that would require full-depth repairs
within alleyways.
Question 2: If localized deep pavement failure is encountered during cold milling operations, can
the agency clarify whether the associated repair will be measured and paid under the cold milling
bid items (#1, #10), or under the full depth repair bid items (#2, #12)?
Response 2: Additional “Dig Out” areas will be identified through the course of construction at
the Engineer’s discretion and paid for by utilizing any remaining quantities from Bid Item #2 &
#12.
Addendum 1, Page 2 of 2
Question 3: Could the agency please clarify the discrepancy between the proposed section
thickness and the existing pavement grade? As currently detailed (8 inches removal and 10 inches
replacement), the section appears to result in a finished surface approximately 2 inches above the
existing pavement. Please confirm if this is intentional or provide additional guidance.
Response 3: Please see Attachment B for the revised Technical Provisions, which now lists 10”
removal and replacement and also provides a typical AC pavement section detail exhibit.
Attachments:
Attachment A – Revised Public Works Contract Template
Attachment B – Revised Technical Provisions
Issued by City of Rosemead
ATTACHEMENT A – REVISED PUBLIC WORKS CONTRACT TEMPLATE PER
ADDENDUM 1
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PUBLIC WORKS CONTRACT
FY 25-26 ANNUAL PAVEMENT REHABILITATION PROJECT NO. 21850
THIS CONTRACT “Contract” is made and entered into on __________________, 20__,
by and between the City of Rosemead, a general law city, located in the County of Los
Angeles, State of California (“City”), and ____________________________, a
______________________ [corporation/partnership/limited liability company], located at
_____________________________ (“Contractor”). City and Contractor may be referred
to, individually or collectively as the “Party” or “Parties.”
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained, said parties do hereby agree as follows:
Section 1. Recitals.
City, issued a Notice Inviting [Informal] Bids No. __________, to be submitted on or
before ________________, 20__, for the following: FY 25-26 ANNUAL PAVEMENT
REHABILITATION PROJECT NO. 21850 in the City of Rosemead, California,
hereinafter called “Project”.
On ____________________, 20__ said bids were duly opened.
At its regular meeting held on __________________, 20__, the City Council duly
accepted the bid of Contractor for the Project as being the lowest responsible bid received
and directed that a written contract be entered into with Contractor.
City has requested a proposal for the Project from Contractor.
At its regular meeting held on __________________, 20__, the City Council approved
the Contractor’s proposal for the Project and directed that a written contract be entered
into with Contractor.
Section 2. Contract Documents. This Contract consists of the following documents
(“Contract Documents”), all of which are made a part of this Contract:
2.1 Notice Inviting [Informal] Bids
2.2 Instructions to Bidders
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2.3 Bid Proposal, as accepted, including the Certificate of Bidders’ Experience
and Qualifications and the List of Subcontractors
2.4 Notice of Award
2.5 Notice to Proceed
2.6 This Contract
2.7 Verification of California Contractor’s License
2.8 Contractor’s Certificate Regarding Workers’ Compensation
2.9 Security for payment (labor and materials)
2.10 Security for performance
2.11 Certificate(s) of Insurance
2.12 General Conditions/Specifications
2.13 Special Provisions
2.14 Plans and Standard Drawings
2.15 Standard Specifications for Public Works Construction “S.S.P.W.C ”. or
“Greenbook”
2.16 Addenda Nos. (if none insert N/A)
__________________________________
2.17 Other documents (list here)
__________________________________________________________
__________________________________________________________
__________________________________________________________
All of the above-mentioned documents are intended to complement the other
documents so that any work called for in one, and not mentioned in the others, or vice
versa, is to be executed the same as if mentioned in all of said documents. In the event
of a discrepancy between the provisions of the Contractor’s documents and the City’s
documents, the City’s documents take precedence with respect to resolution of the
discrepancy.
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Section 3. The Work.
3.1 Contract Documents Define “Work”. The work (“Work”) to be performed by
Contractor is described in the Contract Documents.
3.2 Professional Standards Required. In completing the Work, Contractor must
employ, at a minimum, the applicable generally accepted professional
standards of its industry in existence at the time of performance as utilized
by persons engaging in similar work.
3.3 Contractor Provides All Equipment. Except as specifically provided in the
Contract Documents, Contractor must furnish, at its sole expense, all of the
labor, materials, tools, equipment, services and transportation necessary to
perform all of the Work.
3.4 Contract Documents Strictly Control. Contractor must perform all of the
Work in strict accordance with the Contract Documents.
Section 4. Time to Perform the Work.
4.1 Time is of Essence. Time is of the essence with respect to Contractor’s
Work. Contractor agrees to diligently pursue performance of the Work within
the time specified by the Contract Documents.
4.2 Excusable Delays. Contractor will be excused from any delay in
performance or failure to perform due to causes beyond the control of
Contractor. Such causes include, but are not limited to, acts of God, acts of
terrorism, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe
weather.
4.3 Notification of Delays. If Contractor is delayed by any cause beyond
Contractor’s control, City may, but is not required to, grant a time extension
for the completion of the Work. If delay occurs, Contractor must notify City
in writing within 48 hours of the cause and the extent of the delay and how
such delay interferes with Contractor’s performance of the Work.
Section 5. Compensation and Payment.
5.1 Compensation. Subject to any limitations provided in the Contract
Documents, City agrees to pay Contractor as full consideration for the
faithful performance of all of the Work the total amount of
_____________________________ Dollars ($________.00)
(“Compensation”).
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5.2 Monthly Invoice. Contractor must furnish City with an invoice for the Work
performed in accordance with the Contract Documents. Contractor may not
submit invoices more often than once every 30 days.
5.3 City Review of Invoices. City will review each invoice and determine
whether the Work performed is in accordance with the Contract Documents.
The Director may require Contractor to provide a release of all undisputed
Contract amounts contained in the invoice.
5.4 Disputes on Invoices. If City disputes any item on an invoice, City will give
Contractor notice stating the reasons for the dispute. The Parties will meet
and confer in good faith to attempt to resolve the dispute.
5.5 30 Days to Pay Invoice. Except as to any charges for the Work performed
that the City disputes, City will cause Contractor to be paid within 30 days
of the date of the invoice or the date that Contractor furnishes City with a
release of all undisputed Contract amounts, whichever occurs later.
5.6 Partial Invoices. In the event there is any claim specifically excluded by
Contractor from the operation of any release, City may retain an amount not
to exceed the amount of the excluded claim.
5.7 No Additional Compensation. Said compensation shall cover all expenses,
losses, damages, and consequences arising out of the nature of the work
during its progress or prior to its acceptance including those for well and
faithfully completing the work and the whole thereof in the manner and time
specified in the contract documents, and also including those arising from
actions of the elements, unforeseen difficulties or obstructions encountered
in the prosecution of the work, suspension or discontinuance of the work,
and all other unknowns or risks of any description connected with the work.
5.8 This Contract is subject to the provisions of Article 1.7 (commencing at
Section 20104.50) of Division 2, Part 3 of the Public Contract Code
regarding prompt payment of contractors by local governments. Article 1.7
mandates certain procedures for the payment of undisputed and properly
submitted payment requests within 30 days after receipt, for the review of
payment requests, for notice to Contractor of improper payment requests,
and provides for the payment of interest on progress payment requests
which are not timely made in accordance with that Article. This Contract
hereby incorporates the provisions of Article 1.7 as though fully set forth
herein.
5.9 Retention of 5% of Contract Price. City shall retain five percent (5%) of the
Compensation the provisions of Section 17, entitled “Notice of Completion”
herein have been met.
5.10 Final payment, constituting the entire unpaid balance of Compensation,
shall be paid by City to Contractor no sooner than thirty-five (35) days after
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a Notice of Completion has been recorded, unless otherwise stipulated in
the Notice of Completion, provided the work has then been completed, the
Contract fully performed, and a final [certificate for payment] has been
issued.
Section 6. Labor Code Requirements.
6.1 Compliance with SB 854 Registration: This Work is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. No
prime contractor or subcontractor may be listed on a bid proposal for a
public works project (submitted on or after March 1, 2015) unless registered
with the Department of Industrial Relations pursuant to Labor Code section
1725.5. No prime contractor or subcontractor may be awarded a contract
for public work on a public works project (awarded on or after April 1, 2015)
unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5. The Contractor will be required to post job site
notices as described in 8 California Code of Regulation section 16451(d).
6.2 Compliance with Prevailing Wage Laws. Contractor is aware of and will
comply with the requirements of California Labor Code Section 1720, et
seq., and 1770, et seq., and 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.
6.3 Penalty Excessive Work Hours. Contractor acknowledges that under
California Labor Code sections 1810 and following, 8 hours of labor
constitutes a legal day’s work. Contractor will forfeit as a penalty to City the
sum of $25.00 for each worker employed in the execution of this Contract
by Contractor or any subcontractor for each calendar day during which such
worker is required or permitted to work more than 8 hours in any one
calendar day and 40 hours in any one calendar week in violation of the
provisions of Labor Code section 1810. (Labor Code § 1813.)
6.4 List of Current Prevailing Wages. Copies of the determination of the Director
of the Department of Industrial Relations of the prevailing rate of per diem
wages for each craft, classification or type of worker needed to execute this
Contract will be made available upon request from the Director’s office at
111 S. First Street, Rosemead California 91801.
6.5 Posting of Prevailing Wages Required. Contractor must post at the work
site, or if there is no regular work site then at its principal office, for the
duration of the Contract, a copy of the determination by the Director of the
Department of Industrial Relations of the specified prevailing rat e of per
diem wages. (Labor Code § 1773.2.)
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6.6 Payment of Prevailing Wages Required. Contractor, and any subcontractor
engaged by Contractor, must pay not less than the specified prevailing rate
of per diem wages to all workers employed in the execution of the contract.
(Labor Code § 1774.) Contractor is responsible for compliance with Labor
Code section 1776 relative to the retention and inspection of payroll records.
6.7 Indemnification for Non-Compliance. 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.
6.8 Penalty for Insufficient Payment. Contractor must comply with all provisions
of Labor Code section 1775. Under Section 1775, Contractor may forfeit as
a penalty to City up to $50.00 for each worker employed in the execution of
the Contract by Contractor or any subcontractor for each calendar day, or
portion thereof, in which the worker is paid less than the p revailing rates.
Contractor may also be liable to pay the difference between the prevailing
wage rates and the amount paid to each worker for each cale ndar day, or
portion thereof, for which each worker was paid less than the prevailing
wage rate.
6.9 Use of Apprentices. Nothing in this Contract prevents Contractor or any
subcontractor from employing properly registered apprentices in the
execution of the Contract. Contractor is responsible for compliance with
Labor Code section 1777.5 for all apprenticeable occupations. This statute
requires that contractors and subcontractors must submit contract award
information to the applicable joint apprenticeship committee, must employ
apprentices in apprenticeable occupations in a ratio of not less than one
hour of apprentice’s work for every five hours of labor performed by a
journeyman (unless an exception is granted under §1777.5), must
contribute to the fund or funds in each craft or trade or a like amount to the
California Apprenticeship Council, and that contractors and subcontractors
must not discriminate among otherwise qualified employees as apprentices
solely on the ground of sex, race, religion, creed, national origin, ancestry
or color. Only apprentices defined in Labor Code section 3077, who are in
training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
Section 7. Non-Discrimination.
7.1 No Illegal Discrimination. Contractor shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age, or sexual orientation
in the performance of this Contract and shall comply with the provisions of
the California Fair Employment and Housing Act as set forth in Part 2.8 of
Division 3, Title 2 of the California Government Code; the Federal Civil
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Rights Act of 1964, as set forth in Public Law 88 -352, and all amendments
thereto; Executive Order 11246; and all administrative rules and regulations
issued pursuant to such acts and order.
7.2 Compliance With Immigration Laws. Contractor hereby promises and
agrees to comply with all of the provisions of the Federal Immigration and
Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection
therewith, shall not employ unauthorized aliens as defined therein. Should
Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this Agreement, and should the Federal
Government impose sanctions against the City for such use of unauthorized
aliens, Contractor hereby agrees to, and shall, reimburse City for the cost
of all such sanctions imposed, together with any and all costs, including
attorney’s fees, incurred by the City in connection therewith.
Section 8. General Legal Compliance.
8.1 Compliance With All Laws. In performing the Work, Contractor must comply
with all applicable statutes, laws and regulations, including, but not limited
to, OSHA requirements and the Rosemead Municipal Code.
8.2 Permits & Licenses Required. Contractor must, at Contractor’s sole
expense, obtain all necessary permits and licenses required for the Work,
and give all necessary notices and pay all fees and taxes required by law,
including, without limitation, any business license tax imposed by Ci ty.
8.3 Contractors License Required. Contractor must maintain a valid California
Contractor’s License throughout the term of this Contract.
Section 9. Clayton and Cartwright Act Assignments. In entering into this Contract
or a contract with a subcontractor to supply goods, services, or materials
pursuant to this Contract for the Project, Contractor and any or
subcontractor is deemed to have offered and agreed to assign to City 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. Sec. 15) or under the Cartwright Act
(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the
California Business and Professions Code), arising from purchases of
goods, services, or materials for the Project. This assignment will be
deemed made and will become effective at the time City tenders final
payment to Contractor, without further acknowledgement by the Parties.
Section 10. Hazardous waste and unknown conditions.
10.1 Notification of Hazardous Material Required. Contractor shall, without
disturbing the condition, notify City in writing as soon as Contractor, or any
of Contractor’s subcontractors, agents or employees have knowledge and
reporting is possible, of the discovery of any of the following conditions:
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10.1.1 The presence of any material that the Contractor believes is
hazardous waste, as defined in Section 25117 of the Health and
Safety Code;
10.1.2 Subsurface or latent physical conditions at the site differing from
those indicated in the specifications; or,
10.1.3 Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally
recognized as inherent in work of this character provided for in this
Contract.
10.2 Fencing off Hazardous Material. Pending a determination by City of
appropriate action to be taken, Contractor shall provide security measures
(e.g., fences) adequate to prevent the hazardous waste or physical
conditions from causing bodily injury to any person.
10.3 City’s Investigation of Conditions. City shall promptly investigate the
reported conditions. If City, through its Director or director’s designee, and
in the exercise of its sole discretion, determines that the conditions do
materially differ, or do involve hazardous waste, and will cause a decrease
or increase in the Contractor’s cost of, or time required for, performance of
any part of the work, then City shall issue a change order.
10.4 No Unapproved Delay For Hazardous Materials. In the event of a dispute
between City and Contractor as to whether the conditions materially differ,
or involve hazardous waste, or cause a decrease or increase in the
Contractor’s cost of, or time required for, performance of any part of the
work, Contractor shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Contract.
Contractor shall retain any and all rights which pertain to the resolution of
disputes and protests between the parties.
Section 11. Independent Contractor. Contractor is and will at all times remain as to
City a wholly independent contractor. Neither the City nor any of its officers,
employees, or agents will have control over the conduct of Contractor or
any of Contractor’s officers, employees, agents or subcontractors, except
as expressly set forth in the Contract Documents. Contractor may not at any
time or in any manner represent that it or any of its officers, employees,
agents, or subcontractors are in any manner officers, employees, agents or
subcontractors of City.
Section 12. Warranty & Guarantee
12.1 New Materials. Contractor guarantees that all materials and equipment
furnished will be new unless otherwise specified in the Contract Documents.
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12.2 One Year Guarantee. Contractor guarantees all materials and equipment
furnished and Work performed for a period of one (1) year from the date of
substantial completion is free from all defects due to faulty materials or
workmanship. Contractor shall promptly make such corrections as may be
necessary by reasons of such defects including the repairs of any damage
to other property, whether real or personal. The City will give notice of
observed defects with reasonable promptness. If Contractor fails to make
such repairs, or other Work that may be made necessary by such defects,
the City may do so and charge the Contractor the cost thereby incurred,
plus 10% for administrative expenses. The Performance Bond shall remain
in full force and effect through the guarantee period. Contractor shall
execute the Public Improvement Warranty attached hereto and incorporate
hereon by this reference as Attachment "A."
Section 13. Bonds. Contractor shall provide a payment bond and a performance bond
consistent with the terms of this section. Each bond shall (1) be in writing;
(2) signed by at least one admitted surety insurer under oath; (3) if a bond
is signed by more than one surety insurer, include a statement that the
sureties are jointly and severally liable on the obligations required
hereunder; (4) list the address at which the principal and surety/sureties
may be served with notices, papers, and other documents under this
chapter; (5) be in the form of a bond and not in a deposit in lieu of a bond;
(6) be consistent with any other requirements of the City that reasonably
relate to a guarantee that the project will be completed at no cost to the City.
13.1 Payment Bond. Contractor shall furnish and file with City a bond in the sum
of one hundred percent (100%) of the Compensation. Consistent with Civil
Code § 9554, the bond shall provide that if the Contractor or any
subcontractors hired by Contractor fails to pay (1) any of the persons named
in Civil Code § 9100; (2) amounts due under the Unemployment Insurance
Code with respect to work or labor performed under this Agreement; or (3)
for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the
contractor and subcontractors pursuant to Unemployment Insurance Code
§13020 with respect to the work and labor that the sureties will pay for the
same, and also, in case suit is brought upon the bond, a reasonable
attorney’s fee, to be fixed by the court. The bond shall, by its terms, inure to
the benefit of any of the persons named in Civil Code § 9100 so as to give
a right of action to those persons or their assigns in any suit brought upon
the bond. The bond provided under this section shall be released by written
authorization of the City Engineer at the completion of the one year warranty
period described in section 12.2, above, provided that Contractor is not in
default on any provision of this Agreement.
13.2 Performance Bond. Contractor, before commencing said Project, shall
furnish and file with City a bond, or bonds, in a form satisfactory to the City,
in the sum of one hundred percent (100%) of the contract price thereof
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conditioned upon the faithful performance of this Contract and upon the
payment of all labor and materials furnished in connection with this
contract..
Section 14. Indemnification.
14.1 City and each of its officers, employees, Contractors and agents including,
without limitation, the City Council, Project Manager and each City
Representative, shall not be liable or accountable in any manner for loss or
damage that may happen to any part of the Work; loss or damage to
materials or other things used or employed in performing the Work; injury,
sickness, disease, or death of any person; or damage to property resulting
from any cause whatsoever except their sole negligence, willful misconduct
or active negligence, attributable to performance or character of the Work,
and Contractor releases all of the foregoing persons and entities from any
and all such claims.
14.2 To the furthest extent permitted by law (including, without limitation, Civil
Code Section 2782), Contractor shall defend, indemnify, and hold harmless,
City and each of its officers, officials, employees, representatives,
volunteers, Contractors and agents including, without limitation, the City
Council, Project Manager and each City Representative, from claims, suits,
actions, losses and liability of every kind, nature and description including,
without limitation, claims and fines of regulatory agencies and attorney’s
fees and Contractor’s fees, directly or indirectly arising out of, connected
with, or resulting from performance of the Work, failure to perform the Work,
or condition of the Work that is caused in whole or part by any act or
omission of Contractor, Subcontractors, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be
liable, resulting from any cause whatsoever except for liability for loss,
damage, or expense arising from City’s sole negligence, willful misconduct,
or active negligence.
14.3 In the event of any dispute between Contractor and City, as to whether
liability arises from the sole or active negligence of the City or its officers,
employees, or agents, Contractor will be obligated to pay for City’s defense
until such time as a final judgment has been entered adjudicating the City
as solely or actively negligent. Contractor will not be entitled in the absence
of such a determination to any reimbursement of defense costs including
but not limited to attorney’s fees, expert fees, and costs of litigation.
14.4 With respect to third-party claims against Contractor, Contractor waives any
and all rights to any type of express or implied indemnity including, without
limitation, costs of defense, against City and each of its officers, officials,
employees, Contractors and agents including, without limitation, City, the
governing board, Project Manager and each City Representative. City shall
provide timely notice to Contractor of any third -party claim relating to the
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Contract Documents, in accordance with Public Contract Code Section
9201.
14.5 Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of Contractor, its Subcontractors of
any tier, or the officers or agents of any of them.
14.6 To the furthest extent permitted by law (including, without limitation, Civil
Code § 2782), the indemnities, releases of liability and limitations of liability,
claims procedures, and limitations of remedy expressed throughout
Contract Documents shall apply even in the event of breach of Contract,
passive negligence, fault or strict liability of the party(ies) indemnified,
released, or limited in liability, and shall survive the termination, rescission,
breach, abandonment, or completion of the Work or the terms of the
Contract Documents. If Contractor fails to perform any of these defense or
indemnity obligations, City may in its discretion back charge Contractor for
City’s costs and damages resulting therefrom and withhold such sums from
progress payments or other Contract moneys which ma y become due.
14.7 City’s officers, representatives, directors, agents, volunteers, or employees
shall not be personally responsible for any liability arising under the
Agreement, except such obligations as are specifically set forth herein.
14.8 Withholding Funds. In the event of any Claim made against City, City may,
in its sole discretion, reserve, retain or apply any funds due to Contractor
under this Contract for the purpose of resolving such Claim.
14.9 Survival of Terms. The provisions of this section will survive the expiration
or earlier termination of this Agreement.
Section 15. Insurance. Contractor shall not commence work under this contract until
Contractor shall have obtained all insurance required by the Contract
Documents and such insurance shall have been approved by City as to
form, amount and carrier, nor shall Contractor allow any subcontractor to
commence work on any subcontract until all similar insurance required of
the subcontractor shall have been so obtained and approved.
A. Workers’ Compensation Insurance. Contractor shall take out and maintain,
during the life of this contract, Workers’ Compensation Insurance and
Employer’s Liability Insurance for all of Contractor’s employees employed
at the site of improvement; and, if any work is sublet, Contractor shall
require the subcontractor similarly to provide Workers’ Compensation
Insurance and Employers’ Liability Insurance in accordance with Labor
Code Section 3700 for all of the latter’s employees, unless such employees
are covered by the protection afforded by Contractor. If any class of
employees engaged in work under this contract at the site of the Project is
not protected under any Workers’ Compensation law, Contractor shall
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provide and shall cause each subcontractor to provide adequate insurance
for the protection of employees not otherwise protected. Contractor shall
indemnify City for any damage resulting to it from failure of either Contractor
or any subcontractor to take out or maintain such insurance.
i. Workers Compensation Insurance in the amount of not less than
Statutory Limits set by the State of California.
ii. Employer’s Liability Insurance in the amount of not less than ONE
MILLION DOLLAR ($1,000,000).
B. COMMERCIAL GENERAL LIABILITY, PRODUCTS/COMPLETED
OPERATIONS HAZARD, AUTOMOBILE LIABILITY, AND CONTRACTUAL
GENERAL LIABILITY INSURANCE.
(i.) Commercial General Liability Insurance. CONTRACTOR shall maintain
commercial general liability insurance with coverage at least as broad
as Insurance Services Office form CG 00 01, in an amount not less than
ONE MILLION DOLLAR ($1,000,000) per occurrence, TWO MILLION
DOLLARS ($2,000,000) general aggregate, for bodily injury, personal
injury, and property damage. The policy must include contractual liability
that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(ii.) Products/Completed Operations Hazard Insurance. CONTRACTOR
shall maintain Products/Completed Operations Hazard insurance with
coverage in an amount not less than ONE MILLION DOLLAR
($1,000,000) per claim. Products liability coverage shall extend for a
minimum of three years (3) after project completion, and completed
operations coverage for construction agreements shall extend for 10
years from the date of substantial completion of the project or the statute
of repose, whichever is longer. Coverage shall be included on behalf of
the insured for covered claims arising out of the actions of independent
contractors. If the insured is using subcontractors, the Policy must
include work performed “by or on behalf” of the insured. Policy shall
contain no language that would invalidate or remove the insurer’s duty
to defend or indemnify for claims or suits expressly excluded from
coverage. Policy shall specifically provide for a duty to defend on the
part of the insurer. The City, its officials, officers, agents, and employees,
shall be included as additional insureds under the Products and
Completed Operations coverage.
(iii.) Automobile Liability Insurance. CONTRACTOR shall maintain
automobile insurance at least as broad as Insurance Services Office
form CA 00 01 covering bodily injury and property damage for all
activities of the CONTRACTOR arising out of or in connection with work
to be performed under this agreement, including coverage for any
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owned, hired, non-owned, or rented vehicles, in an amount not less than
ONE MILLION DOLLAR ($1,000,000) combined single limit for each
accident.
C. CONTRACTOR’S POLLUTION LIABILITY, TRANSPORTATION POLLUTION
LIABILITY, BUILDER’S RISK, AND INSTALLATION EXPOSURE
INSURANCE.
(i.) CONTRACTOR’S POLLUTION LIABILITY INSURANCE. Coverage
shall provide for liability arising out of sudden, accidental, and gradual
pollution, and remediation. The policy limit shall be no less than ONE
MILLION DOLLAR ($1,000,000) per claim and in the aggregate. All
activities contemplated in this agreement shall be specifically scheduled
on the policy as “covered operations.” The policy shall provide coverage
for remediation of the site in the event of a n environmental
contamination event arising out of the materials, supplies, products,
work, operations, or workmanship.
(ii.) TRANSPORTATION POLLUTION LIABILITY INSURANCE. Coverage
shall be in an amount not less than FIVE MILLION DOLLARS
($5,000,000) combined single limit per accident and shall include
Pollution Liability (CA9948) and MCS-90 Endorsements. The policy
shall provide coverage for transportation of pollutants/contaminants to
and from the job site and the hauling of waste from the project site to the
final disposal location, including non-owned disposal sites.
(iii.) BUILDER’S RISK INSURANCE. Upon commencement of construction
and with approval of CITY, CONTRACTOR shall obtain and maintain
builder’s risk (course of construction) for the entire duration of the project
until only the CITY has an insurable interest. The builder’s risk coverage
shall include the coverages as specified below:
a. The named insureds shall be CONTRACTOR and CITY, including its
officers, officials, employees, representatives, agents, and
volunteers. All Subcontractors (excluding those solely responsible
for design work) of any tier and suppliers shall be included as
additional insureds as their interests may appear. CONTRACTOR
shall not be required to maintain property insurance for any portion
of the Project following transfer of control thereof to CITY. The policy
shall contain a provision that all proceeds from the builder’s risk
policy shall be made payable to the CITY. The CITY will act as a
fiduciary for all other interests in the Project.
b. Project. There shall be no coinsurance penalty or provisional limit
provision in any such policy. Policy must include: (1) coverage for
any ensuing loss from faulty workmanship, nonconforming Work,
omission or deficiency in design or specifications; (2) coverage
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against machinery accidents and operational testing; (3) coverage
for removal of debris, and insuring the buildings, structures,
machinery, equipment, materials, facilities, fixtures and all other
properties constituting a part of the Project; (4) Ordinance or law
coverage for contingent rebuilding, demolition, and increased costs
of construction; (5) transit coverage (unless insured by the supplier
or receiving contractor), with sub-limits sufficient to insure the full
replacement value of any key equipment item; (6) Ocean marine
cargo coverage insuring any Project materials or supplies, if
applicable; (7) coverage with sub-limits sufficient to insure the full
replacement value of any property or equipment stored either on or
off the Site or any staging area. Such insurance shall be on a form
acceptable to CITY to ensure adequacy of terms and sublimits and
shall be submitted to the CITY prior to commencement of
construction.
(iv.)INSTALLATION “FLOATER” EXPOSURE INSURANCE. If required by the
CITY or not covered by builders’ risk (course of construction) coverage,
CONTRACTOR shall obtain an “installation floater” for the value of the
property and covering the portion of the work to be constructed, installed,
altered, or repaired by CONTRACTOR. The installation floater policy must
include coverage for the fixtures, materials, supplies, machinery, and
equipment used in or incidental to the construction project as well as
property kept off-site or while in transit. Coverage must include property of
others in the CONTRACTOR’S care, custody, or control. In addition to
CONTRACTOR, the CITY and all subcontractors shall be named as
additional insureds on the policy with coverage extending through the final
completion date.
D. PROOF OF INSURANCE. CONTRACTOR shall provide certificates of
insurance and required endorsements to CITY as evidence of insurance
coverage required herein. Insurance certificates and endorsements must be
approved by CITY prior to the commencement of work. Current certificatio n of
insurance shall be kept on file with CITY for the contract period and any
additional length of time required thereafter. CITY reserves the right to require
complete, certified copies of all required insurance policies, at any time.
E. NOTICE TO COMMENCE WORK. The City will not issue any notice
authorizing Contractor or any subcontractor to commence work under this
contact until Contractor has provided to the City the proof of insurance as
required.
F. DURATION OF COVERAGE. CONTRACTOR shall procure and maintain for
the contract period, and any additional length of time required thereafter,
insurance against claims for injuries to persons or damages to property, or
financial loss which may arise from or in connection with the performance of
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work hereunder by CONTRACTOR, their agents, representatives, employees,
or subcontractors.
G. PRIMARY/NONCONTRIBUTING. Coverage provided by CONTRACTOR shall
be primary and an insurance or self-insurance procured or maintained by CITY
shall not be required to contribute with it. The limits of insurance required herein
may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on primary and non-contributory
basis for the benefit of CITY before the CITY’s own insurance or self-insurance
shall be called upon to protect it as named insured.
H. CITY’S RIGHTS OF ENFORCEMENT. In the event any policy of insurance
required under this agreement does not comply with these specifications or is
canceled and not replaced, CITY has the right but not the duty to obtain the
insurance it deems necessary, and any premium paid by CITY will be promptly
reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay
premium from CONTRACTOR’S payments. In the alternative, CITY may cancel
this agreement.
I. ACCEPTABLE INSURERS. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance or is on the List of Approved Surplus Line
Insurers in the State of California, with an assigned policyholde r’s Rating of A-
(or higher) and Financial Size Category Class VII (or larger) in accordance with
the latest edition of Best’ Key Rating Guide, unless otherwise approved by the
Director of Human Resources & Risk Management.
J. WAIVER OF SUBROGATION. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
CITY, its elected or appointed officers, agents, officials, employees,
representatives and volunteers or shall specifically allow CONTRA CTOR or
others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. CONTRACTOR hereby waives its
own right of recovery against CITY and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
K. ENFORCEMENT OF CONTRACT PROVISIONS (NON ESTOPPEL).
CONTRACTOR acknowledges and agrees that any actual or alleged failure on
part of the CITY to inform CONTRACTOR of non -compliance with any
requirement imposes no additional obligations on the CITY nor does it waive
any rights hereunder.
L. REQUIREMENTS NOT LIMITING. Requirements of specific coverage features
or limits contained in this section are not intended as limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
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any insurance. 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 all inclusive, or to the exclusion of other coverage, or a
waiver of any type. If the CONTRACTOR maintains higher limits than the
minimums shown above, the CITY requires and shall be entitled to coverage
for the higher limits maintained by the CONTRACTOR. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage
shall be available to the City.
M. NOTICE OF CANCELLATION. CONTRACTOR agrees to oblige its insurance
agent or broker and insurers to provide the CITY with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required)
or nonrenewal of coverage for each required coverage. If any of the
CONTRACTOR’S insurers are unwilling to provide such notice, then
CONTRACTOR shall have the responsibility of notifying the CITY immediately
in the event of CONTRACTOR’S failure to renew any of the required insurance
coverages, or insurer’s cancellation or nonrenewal.
N. ADDITIONAL INSURED STATUS. General Liability, Automobile Liability, and
umbrella/excess liability insurance policies shall provide or be endorsed to
provide that CITY and its officers, officials, employees, agents, representatives,
and volunteers shall be additional insureds under such policies.
O. PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. 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.
P. SEPARATION OF INSUREDS. A severability of interests provision must apply
for all additional insureds ensuring that CONTRACTOR’S insurance shall apply
separately to each insured again whom claim is made or suit is brough, except
with respect to the insurer’s limits of liability. The policy(ies) shall not contain
any cross-liability exclusions.
Q. PASS THROUGH CLAUSE. CONTRACTOR agrees to ensure that its
subcontractors, subcontractors, and any other party who is brough onto or
involved in the project/service by CONTRACTOR (hereinafter collectively
“subcontractor”), provide the same minimum insurance coverage and
endorsements required of CONTRACTOR. CONTRACTOR 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.
However, in the event CONTRACTOR’S subcontractor cannot comply with this
requirement, which proof must be submitted to the CITY, CONTRACTOR shall
be required to ensure that its subcontractor provide and maintain insurance
coverage and endorsements sufficient to the specific risk of exposure involved
with subcontractor’s scope of work and services, with limits less than required
of the CONTRACTOR, but in all other terms consistent with the
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CONTRACTOR’s requirements under this agreement. This provision does not
relieve the CONTRACTOR’ of its contractual obligations under the agreement
and/or limit its liability to the amount of insurance coverage provided by its
subcontractors. This provision is intended to solely provide CONTRACTOR
with the ability to utilize a subcontractor who may be otherwise qualified to
perform the work or services but may not carry the same insurance limits as
required of the CONTRACTOR under this agreement given the li mited scope
of work or services provided by the subcontractor. CONSULANT agrees that
upon request, all agreements with subcontractors, and others engaged in this
project, will be submitted to CITY for review.
R. CITY’S RIGHT TO REVISE SPECIFICATIONS. The CITY reserves the right to
at any time during the term of the contract to change the amounts and types of
insurance required by giving the CONTRACTOR ninety (90) days advance
written notice of such change. If such change results in substantial addition al
cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate the
CONTRACTOR’S compensation.
S. SELF-INSURED RETENTIONS. Any self-insured retentions must be declared
to and approved by CITY. CITY reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible, or require proof
of ability to pay losses and related investigations, claim administrative, and
defense expenses within the retention through confirmation from the
underwriter.
T. TIMELY NOTICE OF CLAIMS. CONTRACTOR shall give CITY prompt and
timely notice of claims made or suits instituted that arise out of or result from
CONTRACTOR’S performance under this agreement, and that involve or may
involve coverage under any of the required liability policies.
U. ADDITIONAL INSURANCE. CONTRACTOR shall also procure and maintain,
at this own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of
the work.
Section 16. Liquidated Damages. The parties agree that it would be impractical and
extremely difficult to fix the actual damages to the City in the event the
Project is not commenced and/or completed on or before the dates
specified for commencement and completion of the Project in the Contract
Documents. The parties have considered the facts of a breach of this
contract and have agreed that the liquidated damages sum hereinafter set
forth is reasonable as liquidated damages in the event of a breach, and that
said sum shall be presumed to be the amount of the damages sustained by
the City in the event such work is not begun and/or completed and accepted
by the times so specified in the Contract Documents, the sum of
______________________ ($ .00) shall be presumed to be the amount of
damages suffered by the CITY for each day’s delay in the starting and/or
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completion and acceptance of said Project after the dates specified in the
Contract Documents for the start and/or completion thereof, and Contractor
hereby agrees to pay said sum of FIVE HUNDRED DOLLARS ($500.00) as
liquidated damages for each day of delay in the starting and/or completing
and acceptance of said Project beyond the dates specified in the Contract
Documents. Any and all such liquidated damages assessed shall be done
so in accordance with that certain edition of the Standard Specification for
Public Works Construction currently in effect on the execution date of this
Contract.
Section 17. Notice of Completion. Upon completion of Project and acceptance of
same by the City Council, the City Clerk shall have cause to be recorded a
Notice of Completion with the office of the Los Angeles County Recorder;
and, after thirty-five (35) days from the date said Notice of Completion is
recorded, the Director of Finance of City shall release the funds retained
pursuant to Section 5 hereof; provided there have been no mechanics’ liens
or stop notices filed against said work which have not been paid, withdrawn
or eliminated as liens against said work.
Section 18. Notice.
18.1 All written notices required or permitted to be given under this Contract will
be deemed made when received by the other Party at its respective address
as follows:
To City: City of Rosemead
8838 East Valley Boulevard
Rosemead CA 91770
Attention: Romany Basilyous
Tel: (626) 569-2154
Email: Rbasilyous@rosemeadca.gov
To Contractor: ________________________
________________________
________________________
Attention: ________________
Tel: ______________
Email: ______________
18.2 Notice will be deemed effective on the date personally delivered or
transmitted by facsimile. If the notice is mailed, notice will be deemed given
three days after deposit of the same in the custody of the United States
Postal Service, postage prepaid, for first class delivery, or upon delivery if
using a major courier service with tracking capabilities.
18.3 Any Party may change its notice information by giving notice to the other
Party in compliance with this section.
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Section 19. Termination
19.1 Except as otherwise provided, City may terminate this Contract at any time
with or without cause. Notice of termination will be in writing.
19.2 Should the Contract be terminated pursuant to this section, City may
procure on its own terms services similar to those terminated.
19.3 By executing this document, Contractor waives any and all claims for
damages that might otherwise arise from City’s termination under this
section.
19.4 If City takes over the Work as provided in this section, City may, without
liability for so doing, take possession of, and utilize in completing the Work,
such materials, appliances, plant, and other property belonging to
Contractor as may be on the site of the Work and necessary for the
completion of the Work.
Section 20. Project Documents. All data, drawings, maps, models, notes,
photographs, reports, studies and other documents (collectively, “Project
Documents”) prepared, developed or discovered by Contractor in the
course of performing any of the Work under this Contract will become the
sole property of City. Upon the expiration or termination of this Contract,
Contractor must turn over all original Project Documents to City in its
possession, but may retain copies of any of the Project Documents it may
desire.
Section 21. General Provisions.
21.1 Authority to Execute. Each Party represents and warrants that all necessary
action has been taken by such Party to authorize the undersigned to
execute this Contract and to bind it to the performance of its obligations.
21.2 Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in the City’s sole
discretion since the experience and qualifications of Contractor were
material considerations for this Contract.
21.3 Binding Effect. This Contract is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
21.4 Integrated Contract. This Contract, including the Contract Documents, is the
entire, complete, final and exclusive expression of the Parties with respect
to the Work to be performed under this Contract and supersedes all other
agreements or understandings, whether oral or written, between Contractor
and City prior to the execution of this Contract.
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21.5 Modification of Contract. No amendment to or modification of this Contract
will be valid unless made in writing and approved by Contractor and by the
City Council or City Manager, as applicable. The Parties agree that this
requirement for written modifications cannot be waived and that any
attempted waiver will be void.
21.6 Counterparts and Facsimile Signatures. This Contract may be executed in
several counterparts, each of which will be deemed an original, and all of
which, when taken together, constitute one and the same instrument.
Amendments to this Contract will be considered executed when the
signature of a party is delivered by facsimile transmission. Such facsimile
signature will have the same effect as an original signature.
21.7 Waiver. Waiver by any Party of any term, condition, or covenant of this
Contract will not constitute a waiver of any other term, condition, or
covenant. Waiver by any Party of any breach of the provisions of this
Contract will not constitute a waiver of any other provision, or a waiver of
any subsequent breach or violation of any provision of this Contract.
Acceptance by City of any Work performed by Contractor will not constitute
a waiver of any of the provisions of this Contract.
21.8 Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the
opportunity to review this Contract with legal counsel. The Contract will be
construed simply, as a whole, and in accordance with its fair meaning. It will
not be interpreted strictly for or against either party.
21.9 Severability. If any term, condition or covenant of this Contract is declared
or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Contract will not be affected
and the Contract will be read and construed without the invalid, void or
unenforceable provision.
21.10 Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Los Angeles. In the event of litigation in a
U.S. District Court, venue will be in the Central District of California, in Los
Angeles.
21.11 Electronic Transmission of Contract and Signature. The Parties agree that
this Contract may be signed and transmitted by electronic mail by either/any
or both/all Parties, and that such signatures shall have the same force and
effect as original signatures, in accordance with California Government
Code section 16.5 and Civil Code section 1633.7.
[Signatures on the following page]
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THE UNDERSIGNED AUTHORIZED REPRESENTATIVES of the Parties have
executed this Contract as follows:
CITY OF ROSEMEAD CONTRACTOR
[INSERT COMPANY NAME]
Tax Payer ID:
Ben Kim, City Manager Date
Print Name:
ATTEST:
Title:
(President, VP)
Ericka Hernandez, City Clerk Date
APPROVED AS TO FORM:
Signature
Print Name:
Rachel Richman Date
City Attorney
Title:
(Treasurer, Secretary)
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ATTACHMENT A
PUBLIC IMPROVEMENTS WARRANTY
On ____________________, 202__, the City of Rosemead (“City:”) accepted as
complete and meeting the standards of City, the following public improvement(s):
______________________________________________________________________
______________________________________________________________________
___________________________________________________________________,
built and constructed by or for _____________________, ("Contractor")
Contractor hereby warrants and guarantees the aforementioned public improvements as
to the material used and workmanship performed for a period of one (1) year following
the date set forth above.
In the event of a defect, malfunction, or failure to conform the improvement specifications
and all applicable local standards, the Contractor shall repair or replace said
improvements at Contractor's own and sole expense within a reasonable time from notice
of the defect from City. Should Contractor fail to cure any defect within a reasonable
period of time, Contractor agrees to reimburse City for any and all costs of City's efforts
to cure any defect once City has provided notice to the Contractor of the defect and the
City's intent to cure such defect.
Should litigation be necessary to enforce the provisions of this warranty, the prevailing
party shall be entitled to reimbursement for attorneys fees and court and related costs.
Executed at________________________, California, on the day and year first written
above.
CONTRACTOR
By:_____________________________
__
Signature
By:_____________________________
__ (Typed Name)
Its:_____________________________
__ Title
By:_____________________________
__ Signature
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By:_____________________________
__ (Typed Name)
Its:_____________________________
__ Title
[NOTARY REQUIRED]
ATTACHEMENT B – REVISED TECHNICAL PROVISIONS PER ADDENDUM 1
CITY OF ROSEMEAD
FY 25-26 ANNUAL PAVEMENT REHABILITATION
PROJECT NO. 21850
PART "C"
TECHNICAL PROVISIONS
TECHNICAL PROVISIONS TP-1
FY 25-26 ANNUAL PAVEMENT REHABILITATION
PROJECT NO. 21850
TECHNICAL PROVISIONS
A. General:
1. The Contractor shall obtain a no-fee Construction Permit before commencing construction
from the City.
2. Scope of the Work covered by Contract Documents:
The work consists of furnishing all materials, equipment, tools, labor, and incidentals as
described in detail in the Bidding and Contract Documents, Plans and Specifications to
construct the project. Major work components include asphalt concrete cold mill and
overlay, localized full depth asphalt concrete repairs at various locations (pothole repair),
markings and striping at various locations Citywide. The project also consists of removal and
replacement of concrete sidewalk, curb and gutter, curb ramps, and cross gutters as indicated
on the construction plans, including tree removals, tree replanting, misc. asphalt concrete
roadway repairs, portland cement concrete roadway repairs, and other incidental and other
related work as described in the Plans, Specifications, and Contract Documents, by this
reference, made a part hereof.
3. The Contractor shall accept the site and the character of the work as they exist on the first
day of work under this contract.
4. Limits of Work:
Limits of work shall be the legal property boundaries of the project site unless modified by
Contract limit lines indicated on the plans or as noted otherwise.
Prior to commencing work on any area, the Contractor shall verify and coordinate them with
the Engineer to ascertain the actual limits of work.
5. The Contractor shall take note that the final limits of AC pavement removal and
reconstruction shall be coordinated and determined by the City Engineer or his/her designee
during construction.
6. Project Schedule
The Contractor shall submit a Construction Schedule to City Engineer or his/her designee
prior to beginning construction. No work may be started until a Notice to Proceed is issued
by the City. A Notice to Proceed shall not be issued until the Schedule has been approved
in writing. The work shall be scheduled to assure that construction will be completed within
TECHNICAL PROVISIONS TP-2
the specified time. The Contractor shall be held responsible for coordination of all phases
of the operation so that the time schedule can be met.
The Contractor shall provide to the City all required contract bonds and evidence of insurance
prior to the issuance of “Notice to Proceed” by the City.
If the Contractor desires to make a major change in its method or operations after
commencing construction or if its Schedule fails to reflect the actual progress, the Contractor
shall submit to City Engineer or his/her designee a revised Construction Schedule. Said
Schedule shall be submitted in advance of beginning revised operations or within two (2)
working days after notification by the City Engineer or his/her designee. City Engineer may
suspend all progress payments if the Contractor fails to comply.
7. Notice to Proceed
The Contractor shall not commence work until a Notice to Proceed has been issued by the
City to the Contractor.
Prior to the issuance of Notice to Proceed the Contractor shall provide the following:
a. The Contractor shall provide all required contract bonds and evidences of insurance
to the City;
b. The Contractor shall submit a Construction Schedule to City Engineer or his/her
designee;
c. Obtain a no-fee Construction Permit from the City
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated
to perform any work and the City shall not be obligated to accept or pay for any work
performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge
of work being performed prior to delivery of the Notice to Proceed shall not obligate the City
to accept or pay for such work.
The construction date shall begin within 10 days after “Notice to Proceed” is issued by the
City to the Contractor.
8. Contract Time
Working hours are between 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding
legal holidays and weekends. Any work with 250 feet of a school zone shall be conducted
during construction school zone working hours of 9am to 2pm, in order to minimize impacts
to the nearby school zone.
Alley resurfacing scope of work for the alley located west of Walnut Grove Ave between
Fern Avenue and Klingerman Avenue shall be conducted during after-hours and shall need
to be reopened to traffic by 6am. Alley resurfacing scope of work for the alley located east
of Del Mar Avenue, south of Dorothy Street to the south end cul-de-sac shall also be
conducted during after-hours and shall need to be reopened to traffic by 6am.
TECHNICAL PROVISIONS TP-3
Resurfacing scope of work for industrial areas (River Avenue and Stingle Avenue) shall also
need to be conducted during after-hours. See Section F. Phasing for additional project limit
information.
During periods when weather or other conditions are unfavorable for construction, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby. No
portions of the work whose acceptable quality or efficiency will be affected by any
unfavorable conditions shall be constructed while those conditions exist. It is expressly
understood and agreed by and between the Contractor and the City that the Contract time for
completion of the work described herein is a reasonable time taking into consideration the
average climatic and economic conditions and other factors prevailing in the locality of the
work.
9. Delay in Obtaining Materials:
No extension of time will be granted for a delay caused by the inability to obtain materials
unless the Contractor either obtains advance written approval from City Engineer or obtains
from the supplier and furnishes to the Engineer documentary proof that such materials could
not be obtained due to war, government regulations, labor disputes, strikes, fires, floods,
adverse weather conditions necessitating the cessation of work, or other similar action of the
elements. The Contractor is required to order m aterials in a timely manner as specified in
the "Instruction to Bidders".
10. Contract Documents
The Contractor shall maintain at the job site one (1) set of Contract Documents to include
Plans & Specifications, Standard Plans, and Standard Specifications for Public Woks
Construction. At the end of each working day, the Contractor shall submit to the Inspector an
accurate "as-built" drawing of any changes that occurred from the approved plans and
drawings, including Change Order work, changed conditions in the field, and/or claimed
extra work. The Contractor shall be responsible to obtain the Inspector's written approval of
the accuracy of said drawing. No invoice will be accepted for processing until all work
included therein is accurately shown on the record drawings.
11. It shall be the Contractor's responsibility to completely remove all "construction graffiti"
(spray paint or other marking for utilities, survey points and construction limits) prior to
acceptance of the work as completed.
12. All cost for complying with the requirements of this section shall be included in the various
items of the bidding schedule unless specified otherwise.
B. Construction Staking:
1. The Contractor shall be responsible for construction staking.
2. Unless otherwise provided in the special provision, lines and grades for the construction shall
be the responsibility of the contractor, with the following provisions:
TECHNICAL PROVISIONS TP-4
3. All work under this contract shall be built in accordance with existing lines and grades. Field
survey for establishing these, and for the control of construction, shall be the responsibility
of the Contractor. All such survey work including construction staking shall be done on all
items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies
and trade involved.
4. The Contractor shall provide a copy of the office calculations and grade sheets to the City
Engineer. The Contractor shall be responsible for any error in the finished work, and shall
notify the Engineer, in writing, within 24 hours of any discrepancies, or design errors during
the construction staking.
5. All the Survey Monuments and Bench Marks removed and/or altered during the construction
shall be reset and certified "corner records" shall be submitted by the Land Surveyor, to the
Engineer prior to the final acceptance of the construction.
6. Payment for surveying, construction staking, setting of the Survey Monuments and Bench
Marks, preparing corner records, professional services, office and field calculations,
furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work
involved, shall be considered as included in the items of work for which the surveying work
is performed, and no additional compensation will be allowed, as detailed on bid schedule
table, Item D. Construction Staking by Land Surveyor.
C. Materials:
1. Material Specifications:
Whenever any material is specified by name and number thereof, such specifications shall be
deemed to be used for the purpose of facilitating a description of the materials and
establishing the quality of the materials to be used. All materials shall be new and the best
of their class and kind. No substitution will be permitted which has not been approved in
writing by the Engineer.
2. Portland Cement Concrete Material:
• Portland Cement Concrete (PCC) shall be 5,000 psi strength for all concrete spandrel
and roadway panel replacements.
• Portland Cement Concrete (PCC) shall be 3,250 psi strength for all sidewalk and
curb & gutter replacements, and ADA curb ramps.
3. A complete material list shall be submitted prior to performing any work. Catalog data and
full descriptive literature and manufacturer's specifications and installation instructions shall
be submitted whenever the use of items different than those specified is requested.
4. The material list shall be submitted using the following sample layout (double spaced
between each item).
TECHNICAL PROVISIONS TP-5
Item No. Description Manufacturer Model Number
1. material ABC Corp. XXX
5. Approval of Substitutes:
6. Approval of any items, alternates or substitutes indicates only that the product(s) apparently
meet the requirements of the drawings and specifications based on the information and/or
samples submitted.
7. Contractor's Responsibility:
8. Manufacturer's warranties shall not relieve the Contractor of liability under these
Specifications. Such warranties only shall supplement the Contractor's responsibility.
D. Inspection and Testing:
All work covered by this Contract Documents shall be inspected by the City Engineer or his/her
designee. Request for inspection service shall be made 24 hours in advance.
All materials furnished and all work performed under the Contract shall be subject to review and
approval by the City Engineer or his/her designee. Such review may include mill, plant, shop,
nursery, or field inspection as required. City Engineer or his/her designee shall be permitted
access to all parts of the work, including plants where materials are manufactured or fabricated,
and shall be furnished with such materials, information and assistance by the Contractor and its
subcontractors and suppliers as is required to make a complete and detailed inspection.
The City will provide standard progress building and public works inspection at no cost to the
Contractor. Contractor shall arrange and pay for all other inspections required by ordinance or
governing authorities, including tests in connection therewith, as may be assigned to it in other
sections of the specifications.
Where required by the Building Code, specialty inspectors shall be provided by the City at no
cost to the contractor. The Contractor shall request specialty inspector at least forty-eight (48)
hours in advance of an anticipated inspection.
City shall perform compaction tests as required.
It shall be the Contractor's responsibility to obtain Inspection in a timely manner prior to
proceeding with any phase of construction. The Contractor shall neither allow nor cause any of
its work to be covered or enclosed until it has been inspected, tested and approved by the Director
of Public Works and Development Services or his/her designee.
City Engineer will make, or have made, such inspections and tests as he deems necessary to see
that the work is being accomplished in accordance with the requirements of the Contract. In the
event such inspections or tests reveal non-compliance with the requirements of the Contract, the
Contractor shall bear the cost of such corrective measures deemed necessary by the Director of
TECHNICAL PROVISIONS TP-6
Public Works and Development Services or his/her designee, as well as the cost of the subsequent
re-inspection and re-testing. It shall be understood and agreed that the inspection or making of
tests shall not constitute an acceptance of any portion of the work nor relieve the Contractor from
compliance with the terms of the Contract.
Work done in the absence of prescribed inspection may be required to be removed and replaced
under the proper inspection, and the entire cost of removal and replacement, including the cost
of all materials which may be furnished by the City and used in the work thus removed, shall be
borne by the Contractor, regardless of whether the work removed is found to be defective or not.
Work covered without the authority of City Engineer shall, upon order of the City Engineer, be
uncovered to the extent required, and the Contractor shall similarly bear the entire cost of
performing all the work and furnishing all the materials necessary for the removal of the covering
and its subsequent replacement.
E. Utilities:
1. Before starting work, the Contractor shall verify the locations and elevations of all existing
utilities by contacting Underground Service Alert at 811, at least 48 hours in advance.
Existing utilities have been carefully located and shown on Los Angeles Record office
records plans provided by utility companies. The Contractor shall notify the utility
companies and agencies listed below before beginning excavation and shall coordinate his
work with them.
2. The Contractor shall provide coordination with all the utility companies involved and shall
provide protection from damage to their facilities. The Contractor shall be responsible for
repair or replacement to said facilities made necessary by its failure to provide required
protection. The Contractor is required to include utility requirements in the Construction
Schedule.
3. The Contractor shall notify all utility agencies and owners of all facilities within the area of
construction a minimum of five (5) work days in advance of performing any work within said
area.
4. The Contractor shall protect all utilities and other improvements which may be impaired
during construction operations. It shall be the Contractor's responsibility to ascertain the
actual location of all existing utilities, including service laterals, and other improvements
indicated on the drawings that will be encountered in its construction operations, and to see
that such utilities or other improvements are adequately protected from damage due to such
operations. The Contractor shall take all possible precautions for the protection of
unforeseen utility lines to provide for uninterrupted service and to provide such special
protection as may be directed by the Engineer.
The Contractor shall be solely responsible to check all utility record maps, books, and/or
other data in the possession of the City, other agencies, and/or all utility companies, and no
allowance shall be made for any failure to have done so.
TECHNICAL PROVISIONS TP-7
5. Affected storm drain and sewer manhole frames and covers shall be adjusted to grade by the
Contractor.
For this project, it is required that the Contractor shall adjust affected water valves and meters
to grade in coordination with the water purveyor. The respective water purveyor will provide
new water/valve cans and meter boxes when required. The water purveyor will have the
option to adjust their own valve/water cans without addition or deduction cost to the
Contractor.
So. California Gas, Verizon, So. California Edison, and Telecommunication structures shall
be adjusted to grade by the respective owners. It shall be the Contractor’s responsibility to
notify and coordinate the needed work with the respective utility owners. Notification and
coordination by the Contractor shall be done no less than 5 days of the need of the work.
All cost related to utility adjustment to grade including notification and coordination shall be
considered included in the cost of AC pavement construction under applicable bid items. All
cost related to utility adjustments to grade including notification and coordination shall be
considered included under applicable bid items, per bid schedule.
F. Phasing:
1). To provide minimum inconvenience to the public particularly the residence and business
owners, occupants and the travelling public, the Contractor shall execute the project in phases
and adhere to the Traffic Control Requirements below.
2). Prior to the start of construction, the Contractor shall prepare and submit his/her phasing
program to the Engineer for review and approval subject to the following requirements:
3). Prior to any proposed lane and/or closure, the contractor shall notify the affected
occupants five (5) days prior to any closure to allow occupants to arrange their temporary
vehicle parking.
4). Phasing schedule shall take the following items into consideration prior to submittal:
- AC Mill and Overlay Scope of Work for the following alleyway and roadway
segments shall be conducted at nighttime from 8:00 pm to 5:00 am.
1. Alleyway located west of Walnut Grove Avenue between Fern Avenue and
Klingerman Street.
2. River Avenue from Garvey Avenue to the south end cul-de-sac.
3. Stingle Avenue from Garvey Avenue to the south end cul-de-sac.
- Slurry Seal scope of work shall be conducted during the daytime with one lane open
in each direction and access provided for all properties as much as possible.
G. Traffic Control Requirements:
1. The Contractor shall be responsible to furnish, install and maintain such devices which are
necessary to provide safe and efficient passage for the traveling public through the work area,
TECHNICAL PROVISIONS TP-8
for the safety of personnel present in the work area, and to minimize inconvenience to
adjacent properties.
2. All work and materials to implement construction staging and traffic control shall comply
with the California Manual of Uniform Traffic Controls Device (CA MUTCD). Signs,
markings, striping, barricades, delineators and all materials shall conform to applicable
Caltrans standards and specifications.
3. The use of flagmen may be required if deemed so by the City Engineer or his/her designee.
Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used
to the satisfaction of the City Engineer. Adequate traffic control shall always be maintained
through the construction zone.
4. Traffic control through the project area shall conform to the requirements of Section 7-10,
“Public Convenience and Safety,” (SSPWC).
5. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate
base material. Traffic must only be allowed on a firm asphalt surface. A temporary ac
pavement may be used for this reason to allow traffic.
6. The Contractor shall maintain a minimum of 5 feet clearance from the vertical edge of
excavation.
7. The Contractor shall not be allowed to leave vertical edge over 1” within the street pavement
when the pavement is open to traffic except along the edge of gutter. Otherwise, the
Contractor shall construct temporary AC transition at edges including around the edges of
utility structures.
The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall
be 4:1 slope and at driveways ramped at 6:1 slope.
8. Ingress and egress of vehicle to all driveways shall be maintained at all time except when
arranged in advance by the Contractor with the respective residence.
9. The Contractor shall maintain one 10’ wide minimum traffic lane in each direction at all time.
10. No street or one traffic direction closure shall be allowed unless approved by the City
Engineer or his/her designee 48 hours prior to the closure and subject to the following
condition:
a. The Contractor shall submit a detour plan prepared by a Civil Engineer in the State of
California, for approval by the Engineer.
b. Notify the following Agencies two (2) working days before closing or partially closing
any street or alley: Local Fire Department, Local Sheriff Department, and Metro.
TECHNICAL PROVISIONS TP-9
11. CMS and advance warning signs shall be installed in all directions informing motorists
of the traffic lane reductions for construction at least one (1) week in advance.
12. The Contractor shall install, maintain, and remove all temporary delineators, barricades,
lights, warning signs and other facilities necessary to control traffic as specified in the CA
MUTCD.
13. All traffic lanes shall be open at the end of working hours of each day, unless approved by
the City Engineer or his/her designee, except for the required overnight lane closures that will
be authorized for the scope of work relating to cross-gutter scope of work to allow for the
Portland Cement Concrete (PCC) to cure for a minimum of 48 hrs. Arrow boards will be
required to stay in place over night along with other required traffic control devices per
CAMUTCD at each segment as necessary.
14. Payment for traffic control shall be included in various bid items of the Bid Schedule.
H. CLEARING AND GRUBBING:
a. The following paragraphs shall be added to Subsection 300-1.3, Removal and Disposal of
Materials of the SSPWC:
“CONTRACTOR shall remove and transport debris and rubbish in a manner that will
prevent spillage on streets or adjacent areas. Cleanup of spillage will be at
CONTRACTOR’S expense.
Unless noted otherwise elsewhere on the contract documents, all materials indicated to
be removed shall be recycled immediately at the CONTRACTOR’s expense at a site
approved by the Engineer, per the requirements highlighted in Subsection Part 1.28 Solid
Waste Management and Recycling Plan. No demolished materials shall be stored in
the Work Area or Staging Area at any time, but instead shall be removed and recycled
immediately.
Contractor shall not start any removal work unless it is prepared to perform
reconstruction work immediately without interruption from the time removals begun,
unless otherwise approved by the Engineer”.
b. Add the following to subsection 300-1.3.2, Requirements of the SSPWC:
“Where Full Depth Localized Asphalt Concrete Pavement Repair are required, the
existing AC pavement section is not known and may vary. For this project, the upper
4” of the AC pavement section is considered AC pavement and underneath it is
considered base material.”
c. Remove subsection 300-1.4, Payment of SSPWC and replace with the following:
“Payment for clearing and grubbing including recycling shall be considered included
in various bid items except for other removal items as listed and described in the bid
schedule”.
TECHNICAL PROVISIONS TP-10
I. PORTLAND CEMENT CONCRETE (PCC) – CROSS AND LONGITUDINAL
GUTTERS
a) Construction of broken roadway cross and longitudinal gutters shall include removal of
existing concrete gutter from joint to joint and replacement of new concrete gutter (5,000
psi mix), to match existing flow line for gutter conditions and per SPPWC Std. Plan 122-3.
b) New PCC spandrel shall be graded in a manner where little to no water would pond along
the spandrel at each spandrel location. Contractor shall utilize a laser level to ensure that
water flow at spandrels that’re removed and replaced will not pond at the middle of the
spandrel.
c) After reconstruction of PCC spandrel, Contractor shall conduct a water test at each location
where a spandrel has been reconstructed to ensure proper water flow across each spandrel
location has been achieved.
J. FULL DEPTH LOCALIZED ASPHALT PAVEMENT REPAIR (DIG OUTS)
A. Full Depth Localized Asphalt Concrete Pavement Repair (FDLAPR) option shall include
the following:
1.) Remove 10” thick AC pavement section. As discussed above under subsection Part
2- SPECIAL PROVISIONS, Clearing and Grubbing: “The existing AC pavement
section is not known and may vary. For this project, the upper 4” of the AC
pavement section is considered AC pavement and underneath it is considered base
material.”
2.) The exposed subgrade shall be scarified to a minimum depth of 8” inches, moisture
conditioned to the optimum moisture content, and recompacted to a minimum of
95% relative compaction.
3.) Construct 4” thick AC pavement section consisting of 4” AC over 6” thick crushed
aggregate base (CAB) over 8” scarified and compacted subgrade.
4” thick AC pavement shall consist of 2” AC wearing course, Type C2-PG 64-10,
on 2” thick AC base course, Type B-PG 64-10.
Wearing course for Dig Outs located along Walnut Grove Ave and San Gabriel
Blvd shall consist of ARHM GG-C (PG 64-16).
4.) Apply tack coat on the AC base course prior to construction of 2” AC wearing
course. Tack coat is further described below.
5.) The Contractor shall adjust all affected utility structures to grade per subsection 5,
Utilities, above.
B. Location of the construction FDLAPR are listed per Appendix A: Project Plan- Dig Outs.
Additional FDLAPR locations shall be determined by the Engineer during construction.
TECHNICAL PROVISIONS TP-11
C. Payment: All cost to construct Full Depth Localized Asphalt Pavement Repair shall be
paid per Square Feet (SF) of the FDLAPR surface area and shall include removal of
pavement section, scarification, tack coat and construction of asphalt pavement section,
adjustment of utility structures to grade per subsection 5, Utilities above and under
applicable bid items.
Figure 1: Typical cross section for full depth Localized Asphalt Pavement Repair (Dig Outs)
K. TACK COAT
i. Tack Coat per subsection 302-5.4 of SSPWC and add the following:
1.) Tack coat material for overlay shall be PG 64-10 applied at a rate of 0.05 gallons per
square yard applied at a minimum of 350 degrees Fahrenheit from a distributor truck
with a functioning heating element capable of raising the temperature by 3 degrees
Fahrenheit per hour.
2.) On the construction of new AC pavement section, tack coat shall be applied on base
course before the wearing course is applied.
TECHNICAL PROVISIONS TP-12
3.) Tack coat shall be placed so far ahead of paving that the tack coat is tracked away by
trucks from more than 20 percent of the tracked area.
4.) Tack coat for joints on trenches and remove and replace repairs shall be uniformly
applied at .20 gallons per square yard PG 64-10 or two coats SS1h applied uniformly
at .20 gallons per square yard each coat.
5.) The CONTRACTOR shall place the tack coat in a manner to prevent vehicles from
driving through the tack coat.
ii. Measurement and Payment subsection 302-5.4 of SSPWC, revise to:
Full compensation for tack coat shall be included in the Bid Item for AC coldmill and
overlay, and Full Depth Localized Asphalt Pavement Repairs of the Bid Schedule.
L. COLD MILLING OF EXISTING AC PAVEMENT (2” DEEP)
Cold mill shall conform to the provisions of Section 302.1 of the Standard Specifications For
Public Work Construction and add the following:
a. The Contractor shall cold mill existing AC pavement as specified on the plans.
b. During the cold milling operation, the Contractor shall sweep the street with mechanical
equipment and remove all loosened material from milled areas. The Contractor shall
abate dust nuisance by cleaning, sweeping, and sprinkling with water (recycled water, if
available) or other means as necessary.
c. All Asphalt Concrete material covering existing concrete improvement shall be removed
as directed by the City Engineer or his/her designee at no additional cost to the City.
d. After cold milling and removing the specified thickness of the existing asphalt concrete
layer and before adding the new asphalt concrete overlays, all damaged areas and cracks
shall be repaired, sealed and patched properly. Cracks wider than ¼” should be sealed,
loose pavement removed and patch, spalls repaired, and broken slabs or punch outs
replaced. all joints and cracks greater than ¼ inch and less than 1 ½ inches in size shall be
filled with Crafco Polyflex III or equal. Filler shall be within 1/8 inch below and flush with
existing pavement surface and squeegeed, as necessary, to attain this result. If any
localized deep failure area is observed after grinding, the existing pavement section within
such area should be completely removed and replaced with new asphalt concrete and base
section.
M. ASPHALT CONCRETE PAVEMENT OVERLAY
a) PREPARATION OF EXISTING ASPHALT SURFACE TO RECEIVE ASPHALT
OVERLAY
TECHNICAL PROVISIONS TP-13
1.) The existing pavement surface to receive asphalt concrete overlay, shall be cleaned by
sweeping with a power broom, and shall be free of dust, dirt, vegetation, loose foreign
matter, grease, oil or any other type of objectionable surface films.
2.) Where vegetation exists on existing pavement surfaces, the vegetation should be
removed to the outer edges of the existing pavement and the resultant area shall be
treated with herbicide.
3.) Bumps, waves, depressions and corrugations which impair the riding qualities of the
existing pavement surfaces shall be removed or leveled to produce a smooth tight
surface.
4.) Where vegetation exists in cracks, the vegetation shall be removed and the cracks
cleaned to a depth of two inches where practical, treated and filled as directed by the
Engineer. All cracks shall be cleaned, free of moisture, treated with herbicide and
filled level to the surface with an asphalt based crack filler.
5.) Prior to applying overlay material, when all repairs are completed and the existing
surface has been thoroughly cleaned over the full width to be treated, a tack coat shall
be applied to ensure uniform and complete adherence of the overlay. Particular care
shall be taken to thoroughly clean the outer edges of the existing pavement to be treated.
b) ASPHALT CONCRETE PAVEMENT
The Contractor shall incorporate the following exceptions, additions or deletions to Section
302-5, “Asphalt Concrete Pavement”, (SSPWC):
1.) Roadway asphalt pavement overlay shall be C2 PG 64-10.
2.) Asphalt pavement overlay and reconstruction shall include the adjustment of manholes
and other structure to grade per Subsection 403-3 of the SSPWC and adjustment of
other utility structures to grade per subsection 5 above.
3.) Rolling shall comply with Sections 302-9.5 and 302-5.6 of the Standard Specifications.
Rolling along a joint shall be such that the widest part of the roller is on the hot side of
the joint. Join lines between successive runs shall be within 6 inches of lane lines or a
minimum of 12 feet outside of the outer most lane line.
4.) Removal of all AC slurry seal residue from gutter lip should be completed prior to
paving. Diesel fuel shall not be used for cleaning purposes within the limits of this
project.
5.) Contractor shall have sufficient power brooms on site during all periods if distribution
on site during all periods of distribution and spreading to provide cleanup of haul routes
and work areas. Powerbrooms shall provide miscellaneous cleanup of AC spoils as
TECHNICAL PROVISIONS TP-14
directed by the Engineer. Power brooms shall not be operated more than 80% full of
sweepings.
6.) Contractor shall maintain a functioning infrared heat measurement device in close
proximity to each paving machine at all times. Contractor shall provide a pavement
temperature reading, with an infrared heat measurement instrument, when requested
by the Engineer. INACCESSIBILITY OF A HEAT MEASUREMENT SHALL BE
CAUSE FOR TERMINATION OF PAVING OPERATION.
7.) Two initial complete passes with the breakdown roller shall be provided. Initial
breakdown rolling shall be performed close enough to the paving machine and at a
pavement temperature high enough such that pavement temperature after two passes
exceeds 240 degrees Fahrenheit.
8.) Immediate rolling shall be provided such that a total of six passes are performed before
pavement temperature drops below 200 degree Fahrenheit.
9.) The Contractor shall join all gutter lips such that the finished AC surface is three-
eighths (3/8") inches above gutter lip.
10.) Temporary asphalt concrete work where required by the Engineer for traffic control or
other purposes shall be considered included in the price of bid items and no additional
compensation will be allowed therefor.
11.) To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly
oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed
on the project at all for oil down of any equipment.
12.) Watering of area to prevent tracking of material will be allowed if no water enters the
storm drain system and the Contractor adheres to all local and state water quality
regulations, and these Contract Documents.
13.) Rolling along a joint shall be such that the widest part of the roller is on the cold side
of the joint.
14.) Rubber tire rollers shall be used on any leveling course.
15.) At a minimum, two complete passes with the breakdown roller shall be
provided. Initial breakdown rolling shall be performed close enough to the paving
machine and at a pavement temperature high enough such that the pavement
temperature after two passes exceeds 240 degrees Fahrenheit. Intermediate rolling
shall be provided such that a total of six passes are performed before pavement
temperature drops below 200 degrees Fahrenheit. An additional intermediate roller
may be required to achieve this result. A finish roller shall be provided in addition to
intermediate rolling.
TECHNICAL PROVISIONS TP-15
16.) Trunk Sewer Manholes shall be adjusted by the contractor per Los Angeles County
Sanitation District procedure.
17.) At least 15 working days prior to commencing work, the Contractor shall submit a cold
mill and paving schedule to the Agency for approval. This schedule shall allow
residents on the streets to be cold milled and paved ample “on street” parking within a
reasonable distance from their homes. Based upon the schedule, the Contractor will
notify schools, residents, and businesses of the proposed work and post temporary “NO
PARKING” signs at no cost to the Agency. The “NO PARKING” signs will be in
place not less than 72 hours prior to performing the work; therefore, a request for
changes in the schedule requiring additional posting shall be submitted by the
Contractor for approval by the Engineer at least 10 working days prior to the streets
affected. The contractor shall coordinate with City’s street sweeping and trash
hauling contractors and schedules to avoid conflicts. A map showing street sweeping
and trash collection services will be provided to the awarded contractor for reference.
Payment:
Full compensation of asphalt pavement overlay shall be included in the Bid Item construct
2” AC overlay and it shall be paid per TON and shall include AC overlay, preparation,
application of tack coat and is to be in compliance with all the applicable requirements as
stated in the Contract Documents.
N. SLURRY SEAL
a) Prior to the beginning of slurry operations for each street, the Contractor shall remove all
pavement markings and striping by wet sandblasting or approved method by Engineer. All
pavement markings and striping removed shall be restored and reinstalled within 48 hours
after the slurry application has finished curing for each street or as approved by the City
Engineer. Marking and striping shall be per plans and SUBSECTION “O” PAVEMENT
STRIPING AND MARKERS.
b) Slurry seal shall be in accordance with Section 503.5 of the Standard Specifications for
Public Works Construction.
c) Subsection 203-5.2, “General”, (SPPWC), amend and delete slow set type emulsified
asphalt
The latex additive shall be mixed with the emulsion at the plant in accordance with the
following:
Add 2 ½ gallons of Ultrapave 65K or equivalent for every 100 gallons of Quick-Set
Emulsion (CQSI-H).
d) Subsection 203-5.5.2.1 Aggregate, (SPPWC), aggregate shall be Type II Slurry
e) Subsection 302-4, Slurry Seal Surfacing, (SPPWC), adds the following:
The contractor shall thoroughly sweep or clean the surface, to the satisfaction of the
Engineer, prior to application of the slurry.
Transit-Mix trucks shall not be used.
All weighmaster’s certificates required by the Standard Specifications, or these Technical
TECHNICAL PROVISIONS TP-16
Provisions shall be furnished by the contractor at no cost to the Agency.
The application rate of type II slurry has been estimated at 1,200 square feet per extra-
long ton however, the slurry mixture shall be applied at a rate as approved or directed by
the Engineer.
f) Prior to the beginning of slurry operations, the Contractor shall furnish current licensed
weighmaster’s certificates indicating the net weight capacity of the aggregate bin of each
slurry mixer. Except for partial loads to complete the day’s schedule, or for patching, each
mixer shall be filled to its rated capacity. The Engineer and the Contractor shall each keep
a daily count of the number of loads and/or partial loads applied to the streets by each
slurry mixer. Each aggregate bin shall have permanent calibration marks in maximum
increments or 2 tons.
g) Each slurry crew shall be composed of a coordinator at the project site at all times, a
competent quick set mixing operator, a competent driver and sufficient laborers for any
handwork, cleanup and barricading.
h) Streets having inverted shoulders shall be sealed to the outer edge of the existing
shoulders. Spreaders to be used for this operation shall meet the approval of the Agency.
Adjacent passes shall not overlap more than 12 inches.
i) At least 6 working days prior to commencing work, the Contractor shall submit a
spreading schedule to the Agency for approval. This schedule shall allow residents on the
streets to be slurried ample “on street” parking within a reasonable distance from their
homes. Based upon the spreading schedule, the Contractor will notify schools, residents,
and businesses of the proposed work and post temporary “NO PARKING” signs at no
cost to the Agency. The “NO PARKING” signs will be in place not less than 72 hours
prior to performing the work; therefore a request for changes in the schedule requiring
additional posting shall be submitted by the Contractor for approval by the Engineer at
least 72 hours prior to sealing the streets affected.
j) Slurry Sealing is to be scheduled during day time with one lane open in each direction and
access shall be provided to all properties. Due to the nature of this project involving some
inconvenience to residents, work shall be phased as described above, a good Public
Relations Program is mandatory and evidence of satisfactory past performance in this area
will be required.
k) The City will require the Contractor to distribute a “Public Notice”, provided by the
Agency, to each residence affected by the program. Said notice shall be attached to a red
information hanger provided by the contractor and hung on the front door knob no later
than one week in advance of the project start date.
l) All complaints received by the City associated with the application of the Slurry Seal
alleging damage to private property and vehicles shall be responded to by the Contractor
within 24 hours of notification. Failure to comply with this provision may result in a
penalty of $50.00 per occurrence.
TECHNICAL PROVISIONS TP-17
m) The Contractor shall supply the Engineer with licensed weighmaster’s certificates of
weight for all aggregates delivered to the job during the course of each day. Aggregate so
certified as being delivered for use in the contract shall be used only in the slurry mixture,
or when approved by the Engineer, may at no cost to the Agency be spread over freshly
applied slurry to prevent tracking or damage to the slurry as required in the Standard
Specifications. The Contractor shall also present weighmaster’s certificates for the
amount of such aggregate remaining unused at the completion of the contract. Payment
shall be determined by deducting the amount of unused aggregate from the total amount
of aggregate delivered, all as shown on the licensed weighmaster’s certificates and shall
be confirmed by multiplying the number of loads spread by each slurry mixer times the
net weight capacity of each mixer as determined by the weighmaster’s certificates.
n) Adjustment shall be made in the calculations for partial loads and the quantity of
aggregate used to prevent tracking shall be deducted when determining the two quantities.
If there is an unaccountable difference between the two quantities, final payment will be
determined by the method showing the lesser amount of aggregate used. The Contractor
will be required to work around all existing utility facilities and seal up said facilities.
During sealing operations, the Contractor shall cooperate with the owners of any utility
covers and shall cover and completely protect said covers with heavy plastic or other
suitable material. The Contractor shall exercise care to prevent slurry from being
deposited on concrete surfaces and shall remove slurry from surfaces not designated to be
sealed.
o) The Contractor shall provide an operator and a self-propelled 10 ton pneumatic roller with
a tire pressure of 50 PSI and equipped with a water spray system and shall roll all cul-de-
sacs and knuckles and any other slurried street areas as designated by the Engineer. The
Contractor shall roll these streets, the same day as they are slurried and will be
responsible for proper scheduling of the work such that the rolling can be properly done
within the given time constraint.
p) Full Compensation for complying with the above requirements except, restoration and
installation of pavement marking and stripping, shall be paid per Square Feet unit price of
applied area for QUICK SET EMULSION AGGREGATE SLURRY, TYPE II
(CATIONIC) WITH 2 ½ PERCENT LATEX ADDITIVE, under applicable bid items.
O. PAVEMENT STRIPING AND MARKERS:
1. General
a. All work shall conform to the latest edition of Caltrans Standard Plans, Standard
Specifications, and California Manual on Uniform Traffic Control Devices (CAMUTCD).
b. Pavement striping and markers including centerlines, lane lines, limit lines, crosswalks,
legends and all other pavement markings shall be thermoplastic. Traffic striping, raised
pavement markers, reflective materials, the application of thermoplastic striping and
TECHNICAL PROVISIONS TP-18
pavement markings, and the installation of raised pavement markers shall conform to the
provisions in the Caltrans Standard Specifications, Sections 84, “Traffic Stripes and
Pavement Markings” and Section 85, “Pavement Markers”.
c. Striping details, pavement legends and symbols shall conform to those in Caltrans Standard
Plans. Pavement legends and symbols shall be white, unless noted otherwise.
d. Lane line and/or centerline pavement delineation, where existing or called for on the Plans,
shall be provided at all times for traveled ways open to public traffic. Whenever the Work
causes obliteration of pavement delineation, temporary pavement delineation or permanent
traffic stripes of the appropriate color and detail shall be in place. In the locations shown
on the Plans, prior to opening the travelled way to public traffic.
e. Striping shall be cat tracked during normal working hours of Monday through Friday from
7:00am to 4:00pm. Once cat tracking has been completed, the cat tracking shall need to be
approved by the City Inspector prior to final installation. Temporary striping (white/yellow
reflective tabs) shall be installed within 24 hours and permanent striping shall be applied
no sooner than one week after overlay and no later than 14 days after overlay.
f. Once cat tracking has been approved by City Inspector, permanent roadway striping shall
be conducted during the after-hours in order to reduce impacts to local traffic. Working
hours for permanent roadway striping and marking shall only be conducted Monday
through Friday between 8:00 pm to 5:00 am. All traffic lanes shall be reopened to
traffic by 5:00am. Sufficient cure time shall be accounted for to reduce paint transfer to
vehicle wheels from any fresh roadway striping and marking once lanes are reopened to
traffic.
g. All conflicting existing striping, painted symbols and raised pavement markers shall be
removed. The removal of painted markings and raised pavement markers shall conform to
the provisions of the Caltrans Standard Specifications. Removal of existing pavement
markings on areas where there will be no AC pavement cold milling and overlay shall be
done by wet sandblasting or other method approved by the Engineer. All costs shall be
included in the bid items for striping and AC and no additional compensation shall be
allowed.
h. Thermoplastic pavement marking materials and installation shall conform to Caltrans
Standard Specifications Section 84-2. Materials shall consist of extruded Alkyd Binder
Thermoplastic in conformance with State Specification 8010-19A. Application shall be by
ribbon or extruded methods only (no spraying).
i. Pavement damaged due to removing raised pavement markers shall be repaired to the
satisfaction of the City Inspector.
j. All lane lines at intersection approaches and departures shall begin and end with 50-feet of
4-inch solid white line.
k. Payment
TECHNICAL PROVISIONS TP-19
Pavement marking and striping shall be paid per Lump-Sum and shall include removal of
existing pavement striping, legend and markings and installation of new pavement striping,
legend and marking as indicated on the plan and under applicable bid schedule items.
P. TREE REMOVALS AND REPLACEMENT
a) Tree planting shall conform with Standard Plans for Public Works Construction Standard
Plan 520-4.
b) Contractor shall ensure that installation of an arborgard tree wrap is installed at the base of
the tree for each of the trees that are installed per bid schedule.
c) Bid items for installation of new trees shall include scope of work for restoration of parkway
to match surrounding area where the trees were removed from and replaced.
Q. PROJECT CLOSEOUT DOCUMENTS:
1. PROJECT CLOSEOUT DOCUMENTS:
Within 10 calendar days of completion of the project, the Contractor shall submit project close out
documents, including: Drawings showing as-built conditions with red pencil; All warranties and
guarantees; All paperwork required for labor compliance; All final lien releases; All other project
related documents requested by the City.
In entering into a public works contract, or a subcontract, to supply goods, services, or materials
pursuant to a public works contract, the Contractor, or subcontractors, offers and agrees to assign to
the awarding 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 [commencing
with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to the public work’s contract or subcontract.
This assignment shall be made and become effective at the time the awarding body tenders final
payment to the Contractor, without further acknowledgment by the parties.
Any contract entered into pursuant to this notice shall become effective or enforceable against the
City only when the formal written contract has been duly executed by the appropriate officers of the
City.
Submittal of the bid assumes that the Bidder has made a thorough and complete investigation of the
project site and that has discovered no apparent discrepancies between the scope of work set forth in
the plans and specifications and the actual field conditions.
BY ORDER of the City of Rosemead, California.