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SpecificationsCITY OF !i /; O' - CONTRACT DOCUMENTS • W A A ki A g 19 U :10 =1 i v i ■ FISCAL YEAR 2010 -2011 •- • •, 8838 E. VALLEY BOULEVARD ROSEMEAD, f TELEPHONE: .• SCHEDULED BID OPENING: SEPTEMBER 7 T ", 2011. IMPROVEMENT PROJECT TABLE OF CONTENTS 1. 2. 3. 1. 2. 3. BIDDING DOCUMENTS Notice Inviting Bids ......... .............................. ..................... NIB -1 - NIB- 2 Instructions to Bidders ..... ............... ..................... .................. ITB -1 — ITB -10 Contract Bid Forms ..... .............................. ........................ CBF -1 — CBF -14 CONTRACT AGREEMENT Contract Agreement and Insurance Requirements Performance Bond Payment Bond CONTRACT APPENDIX Part "A" - General Provisions ... .................................................. 1 -36 Part "B" - Supplemental General Conditions ......................... ... ...... 1 -7 Part "C" - Technical Provisions ............. ......................... TP -1 -- TP-17 • •' 11 _ • i ■, IMPROVEMENTS PROJECT PROJECT • CITY OF ROSEMEAD NOTICE INVITING BIDS PROJECT No. 2011 -05 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 o'clock a.m. on Wednesday, the 7 th day of September, 2011, The project consist of the installation of new landscape, cobble rocks and irrigation modification and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. The engineer's estimate for this project is $65,000.00. The successful bidder shall have THIRTY (30) calendar days to complete the work. Liquidated damages shall be $500.00 per working day. Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California 91770, (626) 569 -2177, for a non - refundable charge of $25.00 and $40.00 if mailing is requested. Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty -one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. . Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Copies of prevailing wage rates are on file and are available for inspection in the office of the City Clerk, 8838 East Valley Boulevard, Rosemead, CA 91770. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. NIB - 1 An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Service Agreement is proposed for September 13`", 2011. Dated this GLORIA MOLLEDA CITY CLERK 2011. Publish: August 25 & September 1 s `, 2011. NIB- 2 GARVEY AVENUE MEDIAN . ■ IMPROVEMENT PROJECT PROJECT • TABLE OF CONTENTS Pd42 1. AVAILABILITY OF BID DOCUMENTS ................................................. ..............................1 2. EXAMINATION OF BID DOCUMENTS ................................................ ..............................1 3. INTERPRETATION OF BID DOCUMENTS ......................................... ..............................1 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK ..............................2 5 . ADDENDA ............................................................................................. ..............................2 6. PREPARATION OF BIDS ..................................................................... ..............................2 7. ALTERNATE BIDS ................................................................................ ..............................3 8. MODIFICATIONS OF BIDS .................................................................. ..............................3 9 . SIGNING OF BIDS ................................................................................ ..............................3 10. BID GUARANTEE ( BOND) ................................................................... ..............................4 11. SUBMISSION OF SEALED BIDS ......................................................... ..............................4 12. DELIVERY AND OPENING OF BIDS ................................................... ..............................5 13. WITHDRAWAL OF BID ........................................................................ ..............................5 14 . AWARD PROCESS .............................................................................. ..............................5 15. DESIGNATION OF SUBCONTRACTORS ........................................... ..............................5 16. LICENSING REQUIREMENTS .............................................................. ..............................6 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID ....................6 18. INSURANCE REQUIREMENTS ........................................................... ..............................6 19. REQUIRED BIDDER CERTIFICATIONS ............................................. ..............................6 20. BASIS OF AWARD; BALANCED BIDS ................................................ ..............................6 21. FILING OF BID PROTESTS ................................................................. ..............................7 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS ................... .._.. ... ,.... 7 23. EXPERIENCE AND TECHNICAL REQUIREMENTS .......................... ..............................7 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES .............8 25. EXECUTION OF CONTRACT ............................................................. ............................... 8 26 . OWNER RIGHTS ...........................................:...................................... ..............................8 27. BIDDER'S RESPONSIVENESS .......................................................... ............................... 8 28. BIDDER'S RESPONSIVENESS CHECKLIST ..................................... ............................... 8 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS ............. ............................... 9 30. RESPONSIBILITY CRITERIA .............................................................. .............................10 im INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ( "ITB "). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written /faxed Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract YO e. Contract Appendix Part "A" General Conditions Part "B" Supplementary General Conditions Part "C" Technical Provisions 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, it the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N /A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. ITB - 2 Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. ITB - 3 If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required bythese instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left -hand corner thereof: Bid of (Insert Name of the Comaanv) for GARVEY AVENUE MEDIAN LANDSCAPE IMPROVEMENT PROJECT No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements 11110m, required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one -half of one percent (0.5 %) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Ownerwith four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms. B. NON - COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non - collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to onlythe lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non - responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff /Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Engineer will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project engineer to the City Engineer. 7�^ 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100 %) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100 %) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to pay for permits, licenses and fees required bythe agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. ITB - 7 E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Ownerto enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner /joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non - Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. '--, (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms) State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one -half of one percent (0.5 %) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name List the name of Subcontractors who will perform work in excess of one half of one percent (0.5 %)of the Total Bid Price. (2) Location For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type /portion of work to be performed in the Contract. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 10 GARVEY AVENUE MEDIAN LANDSCAPi IMPROVEMENTS " PROJECT PROJECT No. 21845 .. CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE ............................. SECTION 2 BID DATA FORMS ........................... ..............................1 ...................... ............................... 5 2.A BID BOND ....... ............................. .... .............................. :......... 2.6 LIST OF PROPOSED SUBCONTRACTORS ......................... SECTION 3 NON - COLLUSION AFFIDAVIT ........ ............. 6 ..... 7 ................10 CBF -12 CBF -1 BID SCHEDULE SCHEDULE OF PRICES FOR GARVEY AVENUE MEDIAN LANDSCAPE IMPROVEMENTS PROJECT PROJECT No. 21845 BASE BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ _. Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. CBF -2 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 1 Clearing & Grubbing per plans LS 1 and specifications. See technical provisions TP -2, TP -3 & TP -4. 2 Disposal of Waste Materials. LS 1 3 Install Landscape including river LS 1 rocks per Plans and Specifications Complete, 4 Install and Modify Irrigation LS 1 System per Plans and Specifications Complete. TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ _. Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3 -2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. CBF -2 7119TUB Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall applyto this Contract in the amounts of five hundred dollars ($500.00) if project is not completed in forty -five (45) calendar days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 0 Signature Business Street Address Type or Print Name Title Bidder's /Contractor's State of Incorporation: Partners or Joint Venturers: City, State and Zip Code Telephone Number Bidder's License Number(s): NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -4 .. SECTI i DATA FOR CBF -5 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Principal, and ER as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ), being not less than ten percent (10 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required forthe Garvey Avenue Median Landscape Improvements Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20_. Principal A Signature IN (SEAL) Surety Signature 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 i - 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [ "Duplicate Ne# 2 Pages if needed for listing additional subcontractors,*-] Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed Is1PI�'7 SECTION 3 N ON-COLLUSION AFFD. VIT GBF - 10 .. NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Subscribed and sworn before me This _ day of Notary Public in and for the State of California My Commission Expires: Typed or Printed Name Title Bidder CBF -11 (Seal) • 'reTivirTirs IMPROVEMENTS GARVEY AVENUE MEDIAN LANDSCAPE PROJECT PROJECT • CONTRACT AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20_ by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ( "City") and [insert Name of Company], a [insert type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the [insert Name of Project] ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance services necessary for the Project ( "Services "). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. [insert Name of Company] Page 2 of [insert last page number of agreement] 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 32.4 City's Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and [insert Name of Company] Page 3 of [insert last page number of agreement] other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub - contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees [insert Name of Company] Page 4 of [insert last page number of agreement] appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided, or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original [insert Name of Company] Page 5 of [insert last page number of agreement] bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. [insert Name of Company] Page 6 of [insert last page number of agreement] 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be [insert Name of Company] Page 7 of [insert last page number of agreement] required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: CITY: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either parry commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation [insert Name of Company] Page 8 of [insert last page number of agreement] the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Parry. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do [insert Name of Company] Page 9 of [insert last page number of agreement] not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Parry shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Parry Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. [insert Name of Company] Page 10 of [insert last page number of agreement] 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] [insert Name of Company] Page 11 of [insert last page number of agreement] CITY OF ROSEMEAD By: City Mayor Attest: [INSERT NAME OF CONTRACTOR] By: Name: Title: Gloria Molleda City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Garcia Calderon Ruiz LLP City Attorney 0 Name: Title: 02/08 Documentl [insert Name of Company] Page 1 of [insert last page number of agreement] INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $ per occurrence. D -1 [insert Name of Company] Page 2 of [insert last page number of agreement] Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating ofA- orbetterand a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. D -2 [insert Name of Company] Page 3 of [insert last page number of agreement] 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial D -3 [insert Name of Company] Page 4 of [insert last page number of agreement] additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any parry hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 91 [insert Name of Company] Page 5 of [insert last page number of agreement] 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. D -5 IMPROVEMENTS" PROJECT PROJECT • WHEREAS the CITY OF ROSEMEAD (also herein "Obligee ") has awarded to (hereinafter "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Garvey Avenue Median Landscape Improvements Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract "); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we Principal, and the undersigned Contractor, as a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one -year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. PERFORMANCE BOND - 1 The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this day on , 20. Principal /Contractor By: President Surety By: Attorney -in -Fact The rate of premium on this bond is per thousand. The total amount of premium charged, (The above must be filled in by corporate surety.) PERFORMANCE BOND - 2 STATE OF CALIFORNIA COUNTY OF On this personally appeared (or proved to be on the subscribed to the ss. day of , in the year before me, a Notary Public in and for said state, , known to me basis of satisfactory evidence) to be the person whose name is within instrument as the Attorney -in -Fact of the subscribed the name of the thereto and his own name as Attorney -in -Fact. (surety) and acknowledged to me that he (surety) Notary Public in and for said State (SEAL) My Commission expires PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL named as principal to the certify that I am the Secretary of the corporation within bond; that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND - 4 • ' •' IMPROVEMENT PROJECT PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee ") has awarded to "Contractor "), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Garvey Avenue Median Landscape Improvements Project and all other required structures and facilities within the rights -of -way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated , (hereinafter the "Public Work Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersigned Contractor, as Principal and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or maeliinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the PAYMENT BOND - 1 Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying tine same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this _ day on , 20. Principal /Contractor By: President Surety By: Attorney -in -Fact PAYMENT BOND - 2 STATE OF CALIFORNIA ) COUNTY OF ) ss. On this day of in the year before me, a Notary Public in and for said state, personally appeared known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney -in -Fact. Notary Public in and for said State (SEAL) My Commission Expires PAYMENT BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND - 4 CITY OF ROSEMEAD LANDSCAPE GARVEY AVENUE MEDIAN IMPROVEMENT PROJECT PROJECT • 21845 Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ( "Greenbook "), 2009 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications "), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2006 edition, only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans ", it shall mean the Standard Specifications for Public Works Construction ( "Green Book'), 2009 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 -2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents, Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD. City - The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein. Contract - The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative — Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the GENERAL PROVISIONS - 2 Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages - the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors - Notice Inviting Bids. Project - The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site - All of the property and /or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials - Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part "A "), the Supplementary General Conditions (Part "B ") and the Technical Provisions (Part "C "). Total Bid Price - The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. - END OF SECTION - GENERAL PROVISIONS - 3 SECTION 2 SCOPE AND CONTROL OF WORK The construction of ARHM overlay, concrete work, landscape, irrigation and appurtenances. 2 -3 SUBCONTRACTS 2 -3.3 Subcontractor Obligations. Section 2 -3.3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 2 -4 CONTRACT BONDS The following shall be added at the end of Section 2 -4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and /or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." GENERAL PROVISIONS - 4 2 -5 PLANS AND SPECIFICATIONS 2 -5.1 General. The second full paragraph of Section 2 -5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done." 2 -5.2 Precedence of Contract Documents. The provisions of Section 2 -5.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2 -5.4 Interpretation of the Plans and Specifications. Section 2 -5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall GENERAL PROVISIONS - 5 request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final." 2 -7 SUBSURFACE DATA 2 -7.1 Limited Reliance by Contractor. Section 2 -7.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data ", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "2- 7.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "2- 7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2- 7.1.3. Interpretation. Any interpretation by the Contractor of such "technical data" or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." • i Section 2 -8 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights -of -way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights -of -way. Those rights -of -way shown on the Plans will be provided by the City at its expense." GENERAL PROVISIONS - 6 2 -9 SURVEYING. 2 -9.2 Survey Service. Section 2 -9.2 of the Standard Specifications shall be amended to include the following: "All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Surveyor. Temporary control shall be protected in place. Any temporary control disturbed by the contractor shall be replaced at the contractor expense and no additional compensation shall be allowed therefore. City Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate his /her work with the City Surveyor for the installation." 2 -9.4 Line and Grade. Section 2 -9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross- sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City's Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City's Representative and authorized in writing." 2 -10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2 -10 of the Standard Specifications shall be revised to read as follows: "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City, such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to GENERAL PROVISIONS - 7 enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 2 -11 INSPECTION. The provisions of Section 2 -11 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection." "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment." "The Contractor shall prosecute work on any State highway or within any railroad right -of -way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit." GENERAL PROVISIONS - 8 2 -12 SITE EXAMINATION Section 2 -12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents." 2 -13 FLOW AND ACCEPTANCE OF WATER Section 2 -13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 2 -14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2 -14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2 -3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25 %) of the present ownership and /or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." GENERAL PROVISIONS - 9 SECTION 3 CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY. 3 -2.1 General. The provisions of Section 3 -2.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 3 -2.2 Payment. The provisions of Section 3 -2.2 of the Standard Specifications shall be revised to read as follows: "3 -2.2.1 Contract Unit Prices. Section 3 -2.2.1 shall be amended in its entirety to read as follows:" "3- 2.2.1(x) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "3- 2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess, of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 3 -3.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided GENERAL PROVISIONS - 10 in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "3- 2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3 -3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." "3- 2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." GENERAL PROVISIONS - 11 "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3 -2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3 -3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner." 3 -3 EXTRA WORK 3 -3.1 General. The provisions of Section 3 -3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3 -3.2 Payment. The provisions of Section 3 -3.2 of the Standard Specifications shall be amended as follows: 3 -3.2.1 General. Section 3 -3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lurnp sum previously agreed upon between the Contractor and the City." 3 -3.2.3 Markup. Paragraph (a) of Section 3 -3.2.3 (Work by Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 2) Materials 3) Equipment rental 4) Other items and expenditures 5) Subcontracts (1 st tier only) 6) Lower tier subcontractors 24 percent (includes bonding) 15 percent 15 percent 15 percent 5 percent none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding." GENERAL PROVISIONS - 12 3 -6 EXISTING CONDITIONS. Section 3 -6 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents." - END OF SECTION - GENERAL PROVISIONS - 13 SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.1 General. Section 4 -1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "it is the intent of the City in drafting the Contract Documents to accept only first -class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for try the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section, the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City's Representative will furnish the Contractor with a certificate to that effect." 4 -1.2 Protection of Work and Materials. The provisions of Section 4 -1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment." GENERAL PROVISIONS - 14 "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5 %) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Sid Forms, however, Contractor shall provide insurance to protect against such damages." 4 -1.4 Test of Materials. The provisions of Section 4 -1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site." 4 -1.6 Trade Names or Equals. The second and third paragraphs of Section 4 -1.6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal' item shall be not less than 35 nor more than 40 calendar days after award of Contract." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed GENERAL PROVISIONS - 15 substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." 4 -1.9 Placing Orders. Section 4 -1.9 shall be added to the Standard Specifications as follows: "The Contractor shall place the order(s) for all long -lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract." 4 -1.10 Removal of Interfering Obstructions. Section 4 -1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4 -1.11 Procedure in Case of Damage to Public Property. Section 4 -1.11 shall be added to the Standard Specifications to read as follows: "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not duo to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4 -1.12 Diversion of Recyclable Waste Materials. Section 4 -1.12 shall be added to the Standard Specifications to read as follows: "In support of the Owner's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." - END OF SECTION - GENERAL PROVISIONS - 16 SECTION 5 UTILITIES 5 -1 LOCATION The provisions of Section 5 -1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1- 800 -227- 2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verity the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." "The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations." 5 -2 PROTECTION The provisions of Section 5 -2 of the Standard Specifications shall be amended to add the following at the end of that Section: "All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work." "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." "During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor =s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities." GENERAL PROVISIONS - 17 5 -5 DELAYS The provisions of Section 5 -5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances." "The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements." "Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative rode. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." GENERAL PROVISIONS - 18 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6 -1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6 -1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor's construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6 -3 SUSPENSION OF WORK. 6 -3.1 General. The provisions of Section 6 -3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, GENERAL PROVISIONS - 19 labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6 -4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6 -4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency's interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "if the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City's Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply GENERAL PROVISIONS - 20 in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract." 6 -8 COMPLETION AND ACCEPTANCE. Section 6 -8 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof." GENERAL PROVISIONS - 21 "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100 %) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period." "The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." GENERAL PROVISIONS - 22 6 -9 LIQUIDATED DAMAGES. Section 6 -9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and /or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions." 6 -11 TIMES OF OPERATION Section 6 -11 shall be added to the Standard Specifications to read as follows: "it shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner - observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" -END OF SECTION - GENERAL PROVISIONS - 23 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -2 LABOR. 7 -2.2 Laws. The provisions of Section 7 -2.2 of the Standard Specifications shall be amended in their entirety as follows: "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "7 -2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security. The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "7 -2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 el seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty -five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic rate for that worker." "7 -2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract." GENERAL PROVISIONS - 24 "7 -2.2.5 Non - Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non - disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." 7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7 -3 PERMITS. Section 7 -5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7 -8 PROJECT SITE MAINTENANCE. 7 -8.2 Air Pollution Control. The provisions of Section 7 -8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled, to indicate that the contents fully comply with the applicable material requirements." 7 -8.6 Water Pollution Control. The provisions of Section 7 -8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122 -124, the Porter - Cologne Act (California Water Code) and the Waste GENERAL PROVISIONS - 25 Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1 -Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements as defined in Table 2 -1. Table 2 -1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be Sediment Control retained using adequate Treatment Control or Control Structural BMPs. 2. Construction - related materials, wastes, spills or Site Constructi residues shall be retained at the project site to avoid Management; on discharge to streets, drainage facilities, receiving Material and Materials waters, or adjacent properties by wind or runoff. Waste Control Non -storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled Erosion Control by implementing an effective combination of BMPs, Control such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website ( www.cabmphandbooks.com — GENERAL PROVISIONS - 26 Construction Handbook) for further information regarding the BMPs listed in Table 2 -1. B. Water Quality Protection Requirements For Construction Projects With 1 -Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1 -Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1 -Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1 -Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The 1 -Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4 -acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4' Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576 -6600; Fax: (213) 576 -6640 Internet Address: http: / /www.swrcb.ca.gov /- rwocb4 The SWPPP shall include: • The name, location, period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project (where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges GENERAL PROVISIONS - 27 from major construction materials, wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non -storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self- inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two 2 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re- submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes ( www.cabmphandbooks.com ) in conjunction with all activities and construction operations: GENERAL PROVISIONS - 28 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WM01, WMO2, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS 10) 4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2) 5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626) 458 -6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included irr the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil- disturbed areas of the project site tae: core the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil- disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control ". Unless otherwise directed by the City, the Contractor's GENERAL PROVISIONS - 29 responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/ Engineering (626) 569 -2150 Public Safety Department (626) 569 -2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off - hours. The City will notify the following Los Angeles County Department of Health Services (213) 974 -1234 Los Angeles County Department of Public Works (800) 303 -0003 Regional Water Quality Control Board (213) 576 -6665 or 6600 State Office of Emergency Services (800) 852 -7550 (For any significant volume of material that entered the storm drain or receiving water) GENERAL PROVISIONS - 30 G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and /or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and /or fulfill the requirements set forth in Section 7.09 - "Water Pollution Control ". The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. GENERAL PROVISIONS - 31 7 -8.8 Sound and Vibration Control Requirements. Section 7 -8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.4 Safety. 7- 10.4.1 Safety Orders. Section 7- 10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7- 10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." 7- 10.4.3 Special Hazardous Substances and Processes. Section 7- 10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging GENERAL PROVISIONS - 32 trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7 -11 PATENT FEES OR ROYALTIES. Section 7 -11 of the Standard Specifications shall be amended in its entirety to read as follows: "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." Section 7 -13 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the GENERAL PROVISIONS - 33 Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7 -15 INDEMNIFICATION. Section 7 -15 shall be added to the Standard Specifications as follows: "Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7 -16 CONCRETE FORMS, FALSEWORK AND SHORING. Section 7 -16 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." •• • GENERAL PROVISIONS - 34 SECTION 9 MEASUREMENT AND PAYMENT e ii • Section 9 -2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre - construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 9 -3 PAYMENT. 9 -3.1 Payment. The last paragraph of Section 9 -3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative's opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Section 7107." Section 9 -3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA)." GENERAL PROVISIONS - 35 "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid Forms for the various appurtenant items of work." 9 -3.2 Partial and Final Payments. Section 9 -3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et seg." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen." r • ffaRIKOTi Moil GENERAL PROVISIONS - 36 GENERAL PROVISIONS - 37 • ' = _ r U� L IM PRO JECT P ROJECT • SUPPLEMENTARY GENERAL CONDITIONS 10 -1 GENERAL 10 -1.1 Description of Work The project consist of the installation of new landscape, cobble rocks and irrigation modification and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. 10 -1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3 -2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and /or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10 -1.3 Equals - Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10 -1.4 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs -1 10 -2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is THIRTY (30) calendar days. Work on this project shall commence no later than ten (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. C. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m. with no work on Saturdays, Sundays, Holidays, and alternate Fridays in which City Hall is closed. Except when authorized by the Director of Public Works or City Engineer. d. Inspection: The City shall provide inspection for an 8 -hour day for normal working days. The City will deduct from the contractor's invoice; an amount equal to $65 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. e. Weight master certificates are source documents and it is the contractor's responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. f. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least Forty - eight (48) hours in advance of any activity. g. The contractor and all subcontractors shall attend a pre- construction meeting at the time, date, and place determined by the City. SUPPLEMENTARY GCs -2 10 -3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10 -4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City- approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and /or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. In order to assure these requirements are met, the Contractor shall have an independently prepared environmental report prepared prior to Contractor mobilization and after final cleanup. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. SUPPLEMENTARY GCs -3 10 -5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty -four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at (800) 422- 4133 at least 72 hours prior to commencing any work. 10 -6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10 -7 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10 -8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422 -4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10 -9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 7 -10 of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. After award of the contract, the contractor shall submit to the Engineer his proposed schedules for lane closing and his methods of traffic control to comply with the requirements specified herein below. This submittal shall be made SUPPLEMENTARY GCs -4 sufficiently in advance of any rerouting or diversion of traffic by the contractor to allow for a review of the contractor's proposed traffic control. Any shifting of traffic from one lane to another which is necessary in order to maintain the required number of lanes, shall be directed in such a manner that traffic may move smoothly across the work without any sudden changes from one lane to another. Toward this end the minimum taper allowed for detouring the traffic from one lane to another shall be 20:1. The contractor shall provide, throughout the period of construction, all signs which may be deemed necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer. All barricades used as warning and guiding devices shall bear the name of the contractor in legible letters. Flashing arrow board(s) shall be required throughout the construction period. Traffic lanes shall have a minimum width of twelve (12) feet and minimum clearance of two (2) feet from curbs, poles and similar obstructions, and two (2) feet from any excavation, unless otherwise specified. One lane shall be maintained at all times. Transitions of differential road surfaces shall be maintained according to SSPWC sect. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. Contractor shall provide access the existing driveways. Contractor will close only one driveway at any time to properties having more than one driveway. 10 -10 PAYMENT Payment shall be made in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. 10% retention will be paid 35 days after City Council's acceptance. SUPPLEMENTARY GCs -5 the traffic of the public. 10 -12 CLEAN -UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10 -13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. 'rhe contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in Subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion shall be filed by the Development Services Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10 %) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10 -14 SANITATION SUPPLEMENTARY GCs -6 All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. SUPPLEMENTARY GCs -7 IMPROVEMENTSPROJECT PROJECT • TECHNICAL PROVISIONS SECTION 1 - SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades with flashing lights properly working and temporary fencing to insure a safe construction site. The Contractor shall maintain the 1nrork site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary rne,@ -ns to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses, Diversion of water for short reaches to protect construction may be permitted if public, or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights -of -way or nu - 'rural drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable TP -1 provisions of the Standard Specifications for Public Works Construction, 2009 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. The Contractor shall provide all necessary means to avoid tracking asphalt oil on existing asphalt pavement or concrete pavement during paving operations The Contractor sh all slurry (quick set emulsion aggregate slurry, Type II (cationic) with 2-1/2% latex additive) all and to the satisfaction of the Engineer or City Representatives at no additional cost An and all of these requirements shall be at the Contractor's expense 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SECTION 2 - CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300 -1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Providing traffic control and maintaining access, security and safety including all signs, barricades, flashers, covers, plates and chain link fencing as specified elsewhere in these specifications. TP -2 C. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. D. Removing, storing, and replacing removable and portable items and their safe handling and keeping. F. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. G. Removing, relocating and replacing all sprinkler lines, heads, valves, and other landscaping items interfering with the construction of improvements. H. Removing and disposing of all existing improvements interfering with the construction of new improvements and /or as required elsewhere in these specifications and not included in other bid items. I. Restoring landscaping or any other miscellaneous improvements damaged during construction. Coordinating the construction with all utility companies. K. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. L. Storing construction equipment and materials. M. Providing enclosed toilets. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under Bid Item No. 1. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. SECTION 3 - CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and /or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of $50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair TP -3 the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in Proximity to their property. The notice shall be distributed not less than 48 hours before commencement of work The Contractor shall provide a sample notification to the Engineer for approval 3.03 "NO PARKING" Signs. The Contractor shall post temporary "NO PARKING" signs at no cost to the City. The "NO PARKING" signs will be in place not less than 24 hours prior to performing the work. 3.04 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. TP -4 Specifications No. 05/06 -10 SECTION 03111 CLEARING AND GRUBBING PART1 GENERAL 1.1 SUMMARY A. Section Includes: Removal and disposal of vegetation, grass, grass roots, weed growth,trees, tree roots, brush, rubbish, debris and other objectionable materials, within limits of the new work. 2. Removal and disposal of concrete and bituminous surfaces. B. Related Section: 1. Section 02900 - Landscaping 1.2 SUBMITTALS A. Shop Drawings: Submit site plan indicating extent of site clearing. 1.3 QUALITY ASSURANCE A. Comply with Standard Specifications for Public Works Construction, current edition, as a minimum requirement. 1.4 JOB CONDITIONS A. Condition of Premises: Accept the premises as found and clear the Project site as specified. B. Protection: a. Existing Vegetation. Protect from damage individual trees, groups of trees, shrubbery, lawns and other vegetation designated to remain which are damaged or destroyed. See Section 02900 — Landscaping for tree protection guidelines. Replace at Contractor's expense items damaged or destroyed with like items in sizes and quantity of the damaged or destroyed material. Assessment of material value shall be established by City of Rosemead's Representative. b. Protect existing utilities. C. Provide barricades and guards as required to protect trees and existing improvements. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION GARVEYA VENUE MEDIANS BEAUTIFICATION PROJECT CLEARING AND GRUBBING ROSEMEAD, CALIFORNIA 03111 -1 Specifications No. 05/06 -10 3.1 CLEARING AND GRUBBING OF LANDSCAPE A. Clearing. Contractor is required to walk the job site with the Landscape Architect or City Representative and tag each tree to indicate clearly if the tree is to remain or if it is to be removed. Contractor may not remove any trees until he has received approval from the City Representative. Dispose of the vegetation designated for removal, together with the brush and rubbish occurring within the construction limits. B. Grubbing. Remove and dispose of all matted roots and all roots larger than 3 inches in diameter in all construction areas, in all cut areas and in all other areas having less than 2 feet of fill. C. All roses within limits of new work (i.e. new planting areas or new river rock paving) are to be carefully transplanted into new 5 gallon pots with a minimum 12." x 12" x 12" rootball with new potting soil. Roses are to be returned in healthy condition to the City's Public Services divison. Contact John Scott at (626) 569 -2260 for additional information. D. Removal. All cleared and grubbed materials shall be promptly removed completely away from the Project site. Do not store or permit debris to accumulate on the Project site. E. Do not burn materials or debris on the premises. 3.2 CLEANUP A. Remove rubbish, debris and waste materials and legally dispose of off the Project site. END OF SECTION 03111 GARVEYAVENUE MEDIANS BEAUTIFICATION PROJECT CLEARING AND GRUBBING ROSEMEAD, CALIFORNIA 0311 -2 Specifications No. 05/06 -10 SECTION 02900 LANDSCAPING PART GENERAL 1.1 DESCRIPTION A. The work includes all services, labor, materials, transportation and equipment necessary to provide landscaping as indicated on the Drawings and as specified. 1.2 RELATED WORK IN OTHER SECTIONS A. Section 03111 — Clearing and Grubbing B. Section 02810 - Landscape Irrigation C. Section 02920 — Landscape Maintenance 1.3 SUBMITTALS A. Approvals. 1. Provide written evidence that landscape irrigation system has been inspected and approved prior to start of any work of this section. B. Certificates. Prior to construction, written certifications and invoices listing the source of the supplier and quantities of each shall be submitted to the City of Rosemead for the following: 1. Commercial fertilizer or organic fertilizer. 2. Wood shavings or fir bark. 3. Soil conditioner - fertilizer type. 4. Plant Materials. Invoices to include: a. Botanic (scientific) name and Common name and variety and cultivar if specified. b. Plant size (flat, gallon, 24" box, etc) and quantity delivered. C. Nursery provider, location, and phone number. d. Date of delivery and signature for receipt of plants as listed. 5. Top Soil. 1.4 GUARANTEES AND REPLACEMENTS A. Plant Materials: Shrubs, vines and groundcovers shall be guaranteed to remain healthy and vigorously growing for ninety (90) days. B. Trees: All trees that have been supplied and installed under this Contract shall be guaranteed GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -1 Specifications No. 05/06 -10 to live in a healthy condition for a period of one (1) year from date of final acceptance of project. C. Plant Replacement: Plants found to be dead or not in a vigorous condition, or if root balls have been damaged, within the Installation, Maintenance and Guarantee Periods, shall be replaced within fourteen (14) days. Contractor shall include, at his expense, a timely written diagnosis of plant health by a certified Arborist, should a dispute arise. Arborist's report shall indicate reason for lack of vigor, potential remedies, if any, and estimate of time required to regain vigor and specified size. D. Plant Replacement: Plants used for replacement shall be same kind and size as specified and shall be furnished, planted and fertilized as originally specified. Cost of all repair work to existing improvements damaged during replacements shall be borne by the Contractor. 1.5 SITE OBSERVATION AND INSPECTION A. Written notice requesting an inspection shall be submitted to the City of Rosemead at least ten (10) days prior to the anticipated date. B. Site observation and inspection will be required for the following parts of the work: 1. Observation to be performed by the Landscape Architect or City of Rosemead upon the completion of grading prior to planting. 2. Inspection to be performed by the Landscape Architect or City of Rosemead for approval of all plant materials. Contractor is to make every effort to install all plant materials within three (3) days of approval. 3. Observation to be performed by the Landscape Architect or City of Rosemead when trees and shrubs are spotted in place for excavation, but prior to planting. 4. Observation to be performed by the Landscape Architect or City of Rosemead after planting and all other indicated or specified work has been completed Acceptance and written approval shall establish the beginning of the Maintenance Period. a. Contractor shall ensure that all landscape construction items are properly placed, all plants are in place in a healthy condition, areas are clean and free of weeds and debris, and entire area is in a neat condition prior to scheduling an inspection for beneficial occupancy at the beginning of the maintenance period and all subsequent inspections. 5. Maintenance observation to be performed by the Landscape Architect or City of Rosemead after thirty (30) days. 6. Final observation and approval to be performed by the Landscape Architect or City of Rosemead at the completion of the ninety (90) day Maintenance Period. The establishment of the beginning date for the one (1) year guarantee of all trees shall begin upon approval of final completion by the Landscape Architect or the City of Rosemead. C. Upon completion of the Final Observation and the work of this section, the Contractorwill be notified in writing: (1) whether the work is acceptable; (2) of any requirements necessary for completion and acceptance. D. Contractor shall be on the site at the time of each observation. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -2 Specifications No. 05/06 -10 1.6 SEQUENCING AND SCHEDULING: Coordinate the work of this Section with installation of underground irrigation system utilities, piping and watering heads. 1.7 GENERAL REQUIREMENTS A. The term "Planting Area" shall mean all areas to be planted with trees, shrubs, and groundcovers. B. Actual planting shall be performed during those periods when weather and soil conditions are suitable in accordance with locally accepted horticultural practice. C. All rock and other growth or debris accumulated during the duration of the project shall be removed from the site. D. Prior to excavation for planting or placing of plant materials, locate all underground utility lines still in use and take proper precautions to avoid damage to such improvements. In the event of a conflict between such lines and plant locations, notify the City of Rosemead who shall arrange for the relocation of one or the other. The Contractor assumes all responsibility for making any and all repairs for damages from work as herein specified at no additional expense to the City of Rosemead. E. Grading and soil preparation work shall be performed only during the period when beneficial and optimum results maybe obtained. If the moisture content of the soil should reach such a level that working it would destroy soil structure, spreading grading operations shall be suspended until the moisture content is increased or reduced to acceptable levels and the desired results are likely to be obtained. All scaled dimensions are approximate. Before proceeding with any work, carefully check and verify all dimensions and immediately inform the City of Rosemead of any discrepancy between the drawings and /or specifications and actual conditions. G. Quantities for plant materials are shown for convenience only, and not guaranteed. Check and verify count and supply sufficient number to fulfill intent of drawings. Notify the City of Rosemead of discrepancies between quantities and symbols shown prior to installation. H. Adequately stake, barricade and protect all irrigation equipment, manholes, utility lines and other existing property during all phases of the soil amending and grading operation. Tree Selection. The Contractor shall immediately remove from the site any trees not approved after the City of Rosemead has seen them. The trees are to be replaced with plants deemed suitable by the City of Rosemead at the Contractor's expense. 2. The Contractor, at his option and expense, can retain the services of the City of Rosemead to review trees 15 gallon or larger tagged at the nursery and /or at its place of growth, or submit color photographs of trees for approval. 3. The City of Rosemead shall have the right to inspect and reject unsatisfactory or defective plant material at anytime during the progress of the work. J. Shrub and Groundcover Selection. Inspection is required upon delivery to site. All plants 15 gallons or smaller are to be inspected and approved at the project site. Plants that are 15 gallons or larger should follow the criteria set forth under Tree Selection. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -3 Specifications No. 05/06 -10 2. The Contractor shall immediately remove from the site any plants not approved after the City of Rosemead has seen them. The plants are to be replaced with plants deemed suitable by the City of Rosemead at the Contractor's expense. 3. The City of Rosemead shall have the right to inspect and reject unsatisfactory or defective plant material at anytime during the progress of the work. K. Rejection and Substitution: All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected and be immediately removed from the site of the work and replaced with acceptable plant materials. The plant materials shall meet all applicable inspections required bylaw. All plants shall be of the species, variety size, age, flower color and condition as specified herein and /or as indicated on the Drawings. Under no condition will there be any substitution of plant species, variety or reduced sizes for those listed on the accompanying Drawings, except with the written consent of the City of Rosemead. L. All utilities (water and electricity) used during the installation of the landscaping and irrigation systems for this project shall be paid for by the City of Rosemead. During the ninety (90) day Maintenance Period, the City of Rosemead will be responsible for the payment of the utilities to maintain landscaping. 1.8 INVOICING OF PLANT MATERIAL AND SOIL PREPARATION AND SOIL PREPARATION CONFORMANCETEST A. After installation of plant materials but prior to the pre- maintenance inspection, the City of Rosemead, with the heretofore specified signed copies of the required certificates, trip slips and invoices for the plant materials and related items, shall invoice such material comparing the total area and /or the amounts specified. If the minimum amounts have not been furnished, the Cityof Rosemead will require the installation of additional materials tofulfill the minimum requirements specified. B. Upon delivery of materials and /or completion of all soil conditioning and grading, but prior to initiating planting operations, the City of Rosemead with the heretofore specified signed copies of required certificates, trip slips and invoices for soil preparation materials, shall invoice such material comparing the total quantities of each material furnished against the total area to each operation. If the minimum rates of application have not been met, the Contractor will be required to distribute additional quantities of these materials to fulfill the minimum application requirements specified. PART2 PRODUCTS 2.1 GENERAL A. Refer to "Planting Notes" on the plans for general requirements. 2.2 MATERIALS A. Imported Topsoil: Fertile, agricultural sandy loam, typical for locality, capable of sustaining vigorous plant growth, taken from drained site, free of subsoil, clay, rocks, impurities, plants, weeds and roots; minimum pH value of 5.4 and maximum 6.5 per soils test. Supply topsoil for all backfill mixes for plants to bring finished grades to 2 inches below tops of curbs, sidewalks and driveways. Topsoil shall not be used for planting operations while in a muddy condition. B. Soil Amendment and Fertilizer. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -4 Specifications No. 05/06 -10 All planting areas shall receive the following amendments per 1,000 sq. ft. of surface area: a. 150 lbs. of "Gro- Power' 5 -3 -1 or equal (no known equal) as reviewed by the City of Rosemead. b. 3 cu. Yards of nitrogen stabilized, fine grade Fir bark or Redwood shavings containing 1% nitrogen added to each lb. of shavings. C. 8 lbs. of "Gro -Power Controlled Release " 12 -8 -8 or equal (no known equal) as reviewed by the City of Rosemead. C. Planting Tablets: Planting tablets shall be Gro -Power Planting Tablets or equal (no known equal) as reviewed by the City of Rosemead. D. Pre- Emergent weed killer to be Eptam or Ronstar or approved equal as reviewed by the City of Rosemead. 2.3 PLANTING BACKFILL A. Thoroughly blended mixture of topsoil and soil amendments at the following mixture: Stock -Piled on Site Soil or imported topsoil 6 Parts Nitrogen stabilized Fir bark or Redwood shavings 4 Parts 2.4 STAKING MATERIALS: A. Tree Staking: Stakes shall be of lodgepole pine. These shall be straight shafts, shaved and cut clean and bare of branches, stubs, and bark, of uniform thickness between 2 and 2 %2 inches in diameter, free of loose knots, splits or bends. Stakes shall be no less than eight feet in length for 5 gallon trees and ten feet in length for 10 gallon trees or larger. Stakes are to be completely treated with copper napthenate. Stakes shall be conically pointed at one end, with 10" long taper point and chamfered at the other end. B. Tree ties shall be "Wonder Tree Ties" or approved equal as reviewed by the City of Rosemead. Wonder Tree Ties, 151 gih Avenue, Unit `U', City of Industry, CA 91746. (818) 336 -3512. 2.5 PLANT MATERIALS A. Nomenclature: The scientific and common names of plants herein specified conform to "Standard Plant Names" established by the American Joint Committee on Horticultural Nomenclature. Names not listed therein follow established nursery lexicon. See list of plant material on Drawings. B. All material provided shall be well branched and proportioned, with respect to width - height relationship. C. Labeling: Materials shall be clearly labeled as to species and variety. All patented plants (cultivar) shall be delivered with a proper plant patent attached. D. Quality and size of all plants shall meet American Nursery Standards. They shall be vigorous, of normal growth, not deformed, free from disease, insects, insect eggs and meet or exceed the measurements specified. Tree trunks shall be sturdy and well "hardened off', self- supporting. Plants will be free of abrasions, knots, injuries, or disfigurations. Plants GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -5 Specifications No. 05/06 -10 shall have well - developed branch systems, vigorous and fibrous root systems, and no signs of being root or container bound. E. Container stock (1 gal., 5 gal., 15 gal. boxes) shall have grown in containers for at least six (6) months, but not over two (2) years. No container plants that have cracked or broken balls of earth, when taken from the container, shall be planted, except upon special approval. No trees with damaged roots or broken balls shall be planted. F. Pruning shall not be done, prior to delivery, except by written approval by the City of Rosemead. G. Inspection of plant materials, required by City, County or State authorities shall be a responsibility of the Contractor and where necessary the Contractor shall have secured permits or certificates prior to delivery of plants to site. Nurseries in which the plants have been grown shall be inspected by the State Department of Agriculture. H. Protection: Plants shall be handled, stored and maintained to prevent drying out, wind burn, wilting or root or stem damage. Evidence of these conditions will be grounds for plant replacement. Contractor may opt to provide temporary protection for plants from seasonal conditions, such as shade cloth during warm weather. I. Plants shall be subject to inspection and approval or rejection at the project site at any time before or during the progress of work for size, variety, condition, latent defects and injuries. Rejected plants shall be removed from the project site immediately. J. Substitutions will not be permitted except that if proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety and cost. All substitutions subject to City of Rosemead's written approval. K. Quantities shall be furnished as needed to complete work as shown on Drawings. L. The City of Rosemead reserves the right to inspect root condition of any species, particularly those grown from seed, and if found defective, to reject the plants represented by the defective sample. M. Identify plant species or varieties correctly on legible, weather -proof labels attached securely to the job site. There shall be a minimum of one labeled plant for each five plants in a lot. N. Groundcover plants shall be healthy, vigorous rooted cuttings grown in flats until transplanting. O. Pre - emergence herbicide shall be Eptam, Ronstar or equal. P. Weed contact spray shall be Phytar 560, Broadside, Round -Up or equal. 2.6 BARK MULCH: All shrub and groundcover areas shall be covered with medium (1/2" to 1 Y2" sized pieces) fir bark, 3 inches minimum deep, as designated on plans. Fir bark shall be screened bark. Mulch shall contain no Eucalyptus. Mulch is to be 2" away from tree trunk or shrub base. PART 3 EXECUTION 3.1 PREPARATION A. Beginning of installation indicates Contractors acceptance of existing conditions. B. Clearing and Grubbing: Prior to tillage operations, vegetation growth shalf be grubbed, raked GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -6 Specifications No. 05/06 -10 and cleared from the site. The ground surface shall be cleared of material which might hinder grading, tillage, planting and maintenance operations and be disposed of off the site. See Section 3111 — Clearing and Grubbing. 3.2 SOIL CONDITIONING, FERTILIZING AND ROTOTILLING: A. Grade shall ensure positive drainage of site, directing surface drainage toward curbs, gutters, swales and drains; away from building foundations, free of irregularities and depressions at a minimum of 2 %. The soil amendments specified below are required prior to construction. B. Thoroughly moisten soil and grade all planting areas to within one -tenth of a foot of finished grades prior to incorporating soil conditioner and amendment. The following rates of soil conditioning and amendment materials shall be evenly spread over all planting areas and shall be thoroughly scarified to an average depth of 12 inches by rototilling a minimum of 2 alternating passes: (this is to be used as a basis forbidding and maybe modified based on soil tests.) Gro -Power 5 -3 -1 150 Lbs. Per 1,000 Sq Ft. Nitrogenized bark/ wood shavings 3 Cu. Yd Per 1,000 Sq Ft. Gro -Power Controlled Release 12 -8 -8 8 Lbs. Per 1,000 Sq. Ft. C. Soil Preparation Procedure for all Landscaped Areas: Grades: Planting areas which have been soil conditioned and /or graded shall be maintained in a true and even condition prior to planting. Contractor shall include repairs to previously graded areas, if disruption of these areas should occur prior to end of Maintenance Period. 2. Settling of Soil: When grading, deep ripping, topsoiling, addition of soil conditioning and tilling have been accomplished, areas shall be compacted and settled by heavy irrigation to a minimum depth of 12 inches without causing erosion or sloughing of soils. 3. Final Grading of Planting Areas: Planting areas shall be free of rocks larger than 1 inch with no more than 5% by volume of rocks smaller than 1 inch. All depressions, voids, erosion, settled trenches and excavations shall be filled with amended soil and /or removed by the Contractor leaving a smooth, even finish grade. Final grade shall be established to the following directives: a. Drainage away from walls shall be maintained. b. Grades shall be 2 inches below adjacent paved areas and sidewalks and flush with valve boxes, mowing strips, clean -outs, drains, manholes, etc., and shall have a minimum slope of 1 % to drains. C. No planting shall be installed until approval has been given by the City of Rosemead. 4. Care shall be taken that the rate of application of water does not cause erosion or sloughing of soils. 5. All depressions, voids, erosion scars and settled trenches generated by the deep watering shall be filled with conditioned topsoil and brought to finish grade. 3.3 FINISH GRADING GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -7 Specifications No. 05/06 -10 A. Finish grades shall be at 2% away from the wall. B. Molding and rounding of the grades shall be provided at all changes in slope. Blend slope into level areas. C All undulations and irregularities in the planting surfaces resulting from tillage, rototilling and all other operations shall be leveled and floated out before planting operations are initiated. D. The Contractor shall take every precaution to protect and avoid damage to sprinkler heads, irrigation lines and other underground utilities during his grading and conditioning operations. E. Final finish grades shall insure positive drainage of the site with all surface drainage away from buildings, walls and toward roadways, drains and catch basins. Final grades shall be acceptable to the City of Rosemead before planting operations will be allowed to begin. G Planting surfaces shall be graded with no less than two (2) percent surface slope for positive drainage. 3.4 PLANTING A. The layout of locations for plants and outlines of groundcover to be planted shall be approved on the site by the City of Rosemead or Landscape Architect prior to planting. All such locations shall be checked for possible interference with existing underground piping prior to excavation of holes. If underground construction or utility lines are encountered in the excavation of planting areas, other locations for the planting may be selected by the City of Rosemead. Damage to existing utilities shall be the responsibility of the Contractor. 1. The layout, planting, staking /guying and tying of trees will occur first. The planting of shrubs, vines, and ground cover will follow consecutively. 2. Locate the planting pit using one (1) of the following methods: a. Place 1" x 3" x 3' -0" wood stake at the location shown on the plans. Write botanical name and size of container on stake. b. Place plant container at location shown on the plans. B. Planting Trees and Shrubs. 1. All excavated holes shall have vertical sides with roughened surfaces and shall be two (2) times wider than the width of the plant ball and be as deep as indicated on drawings. Vertical sides and bottom of the plant pit shall be scored to loosen soil and to eliminate "glazed" pit walls. Holes shall be, in all cases, large enough to permit handling and planting without injury or breakage of root balls or roots. 2. Excavation shall include the stripping and staking of all acceptable soil encountered within the areas to be excavated for plant pits and planting beds. Protect all areas that are to be trucked over and upon which soil is to be temporarily stacked pending its reuse for the filling of holes, pits and beds. 3. Plants shall not be allowed to dry out before or while being planted. Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations, do not expose to the air except while being placed in the ground. Wilted plants, whether in place or not, will not be accepted and shall be replaced at GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -8 Specifications No. 05/06 -10 the Contractor's expense. 4. Remove nursery stakes and ties from all container stock. Maintain side growth on all trees. 5. Loosen roots and soil at edges of root ball of plant being installed and mix with native soil. 6. Excess soil generated from the planting holes shall be spread on the site as directed by the City of Rosemead. 7. All used cans shall be removed to the storage area or from the site daily. 8. The plants shall be planted at approved locations with the heretofore specified conditioner and soil planting backfill. 9. The plants shall be placed in the planting pits on the backfill material which has been hand - tamped and water settled to the root ball base levels prior to the placement of the plants. After setting the plants, the remaining backfill material shall be carefully tamped and settled around each root ball to fill all voids. 10. Each tree and shrub shall be placed in the center of the hole and shall be set plumb and held rigidly in position until the planting back fill has been tamped from around each root ball. 11. All plants shall be set at such a level that after settling they bear the same relationship to the surrounding finish grades as they bore to the soil line grade in the container, unless otherwise noted. 12. Gro -Power planting tablets shall be placed in each planting hole at the following rates: One (1) -7 gram tablet per liner and flat size plant. Two (2) -7 gram tablets per gallon container. Five (5) -7 gram tablets per 5 gallon container. Ten (10)- 7gram tablets per 15 gallon container. Fourteen (14) -7 gram tablets per 24" box and larger. 13. No plant will be accepted if the root ball is broken or cracked, either before, during or after the process of installation. 14. All plants shall be thoroughly watered into the full depth of each planting hole immediately after planting. 15. All trees, 15 gallon and larger, shall be spotted in place prior to digging of the hole. Location of the trees shall be approved by the City of Rosemead. Trees are to be guyed per plans. 16. The guying method shall be accomplished in such a manner as to insure the proper and healthy growth and the safety of the plants, property and public. 17. Shrubs shown in plant areas shall be underplanted with groundcover shown by adjacent symbol to within 12 inches of main plant stem. 18. The Contractor shall be responsible for all surface and subsurface drainage required which may affect his guarantee of the trees, shrubs and vines. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -9 Specifications No. 05106 -10 19. Pruning after planting shall be required on all trees and shrubs only when necessary to provide the specified or approved standard shapes, form and /or sizes characteristic to each plant. Pruning may include thinning, topping and /or cutting and shall be under the direction of the City of Rosemead. Cuts over 3/4 inch in diameter shall be painted with an approved tree sealant. C. Groundcovers 1. Groundcovers shall be planted in the areas indicated on the Drawings. The groundcover plants shall be rooted cuttings grown in flats and shall remain in those flats until transplanting. 2. Planting pits for flat -sized plants are to beat least 6'x 6" x 6'. Plant in moistened soil. 3. All groundcover plants shall be planted with soil around roots in evenly spaced intervals as called out on the Drawings. 4. The groundcover plants shall be planted suff iciently deep to cover all roots and shall be immediately gently watered after planting until the entire area is soaked to the full depth of all holes. 5. The groundcover planting areas shall be hand - smoothed after planting to provide an even, smooth final finish grade. All groundcover areas to receive 3 inches layer fir bark mulch. 3.5 WATERING A. Apply water to all planted areas and plants, during operations and thereafter, until acceptance of work. B. All plantings which cannot be watered efficiently with the existing water system shall be watered by means of a hose. C. Immediately after planting, apply water to each tree, shrub and vine by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the planting pit to finish grade. D. Following the planting of ground cover, each plant shall be immediately and thoroughly watered by means of a hose, with a slow running stream of water. E. Apply water in sufficient quantities, and as often as seasonal conditions require, to keep the ground moist at all times, well below the root system of groundcover and all other planting. Exercise care to prevent overwatering, flooding or excessive runoff. 3.6 MAINTENANCE A. The entire project shall be cared for, to the satisfaction of the City of Rosemead, in such a manner as to present a neat and clean condition at all times. B. The maintenance period begins on the first day after final completion on all landscape work on this project is complete, checked, accepted and written approval from the City of Rosemead is given to begin the Maintenance Period and shall continue thereafter for no less than ninety (90) contiguous days. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -10 Specifications No. 05/06 -10 C. Regular planting maintenance operations shall begin immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually pleasing appearance by watering, pruning, mowing, rolling, trimming, edging, fertilizing, restaking, pest and disease controlling, spraying, weeding, cleaning up and any other necessary operation of maintenance. Landscape areas shall be kept free of weeds, noxious grass and all other undesired vegetative growth and debris. All plants found to be dead or in an impaired condition shall be replaced within fourteen (14) days. Maintenance operations shall also include: 1. Filling and replanting of any low areas which may cause standing water. 2. Adjusting of irrigation system. 3. Filling and recompaction of eroded areas. 4. Weekly removal of trash, litter, clippings and foreign debris. D. The Contract completion date of the Contract Maintenance Period will be extended when, in the opinion of the City of Rosemead, improper maintenance and /or possible poor or unhealthy condition of planted material is evident at the termination of the scheduled Maintenance Period. The Contractor shall be responsible for additional maintenance of the work until all of the work is completed and acceptable at no additional cost to the City of Rosemead. E. When in the opinion of the City of Rosemead's Representative, improper maintenance, possible poor or unhealthy condition of plant materials are evident or when maintenance work is not being performed, the Contractor shall be responsible for additional maintenance of the work until all of the work is completed and acceptable at no additional cost to the City of Rosemead. F. Upon completion of all planting operations, apply pre- emergent weed control over all ground cover and shrub areas (seeded areas are not to be treated) in accordance with manufacturers recommendations. G. Prior to completion of the 90 day maintenance period, cultivate all ground cover and shrub areas and provide an additional application of pre- emergent herbicide in accordance with manufacturers recommendations. H. During the maintenance period, the contractor is required to apply fertilizer to all planted areas, at a time specified by the City of Rosemead (every 30 days after the beginning of the maintenance period). Fertilizer application shall be performed in the presence of the City of Rosemead. a. Apply soil conditioner - fertilizer ( "Gro- Power" 5 -3 -1) at the rate of 25 lbs. per 1000 sq. ft., uniformly over all shrub and ground cover areas. b. Apply soil conditioner - fertilizer ( "Gro- Power ") controlled release (12 -8 -8) at the rate of 20 lbs. per 1000 sq. ft., uniformly over all lawn areas. Replacements. Immediately replace any and all plant materials which, for any reason, dies, is unhealthy or is damaged. Any trees or other plant materials that die back and lose the form and size as originally specified shall be replaced, even though they have taken root and are growing after the die -back. Replacement shall be made with plants as indicated or specified for the original planting. All replacement of plant material shall be at the expense of the Contractor. GARVEYA VENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900 -11 Specifications No. 05/06 -10 J. Repair. Damage to planting areas shall be replaced and repaired immediately. K. Depressions caused by erosion, vehicles, bicycles or foot traffic to be filled with topsoil and leveled. Reseed damage done to lawn areas. L. Exterminate gophers and moles and repair damage, as approved by City of Rosemead. M. Herbicides, fungicides, insecticides, baits and other chemicals shall be used in strict accordance with manufacturers recommendations and regulatory agencies. N. The Contractor will be relieved of maintenance work when the final 90 calendar day plant establishment work has been satisfactorily completed. If maintenance is unsatisfactory, Contractor shall maintain work beyond the 90 calendar day period until all planting is in a healthy thriving condition as determined by the City of Rosemead. Final acceptance of landscape work will relieve Contractor from maintaining all planting. 3.7 CLEAN UP A. As project progresses, Contractor shall maintain all areas in a neat manner and remove unsightly debris as necessary. After completion of project, Contractor shall remove all debris and containers used in accomplishing work. The Contractor shall sweep and clean all sidewalks, asphalt and concrete areas adjacent to plantings. END OF SECTION 02900 GARVEYAVENUE MEDIANS BEAUTIFICATION PROJECT LANDSCAPING ROSEMEAD, CALIFORNIA 02900.12 Specifications No. 05106 -10 SECTION 02920 MAINTENANCE PART GENERAL 1.1 SUMMARY A. The work includes all materials, labor, services, transportation, and equipment necessary to perform the work as described in this specification section. 1.2 RELATED WORK IN OTHER SECTIONS A. Section 02810 - Landscape Irrigation B. Section 02900 - Landscaping PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.1 MAINTENANCE A. All work shall be continuously maintained in all areas within the limit of work during the progress of the job, the 90 day maintenance period and until the final acceptance of the work. B. The ninety (90) day plant maintenance period shall not commence until written notice of approval of landscape and irrigation installation (see Landscape Irrigation Section 02310) has been received from the City of Rosemead's Representative. C. Provide the following during the final ninety (90) calendar day maintenance period: 1. All plants and planted areas shall be kept watered. 2. Weeds, Dallis, Johnson, Kikuyu, Nut and Bermuda Grass shall be removed. 3. The entire project shall be so cared for that a neat and clean condition will be presented at all times to the satisfaction of the City of Rosemead and City of Rosemead's Representative. D. General Weeding 1. Weeding Program: The Contractor shall be responsible for providing a continuous weeding program for all project areas. Weeding shall be done on a weekly basis and shall include any undesirable or misplaced plant. 2. Shrubs: Weeds shall be removed from beds regularly, no less than once a week, chemically or manually. Bermuda grass and other noxious weeds shall not be allowed to become established. 3. Ground Cover: Weeds shall be removed completely, on a regular basis, chemically or manually, no less than once a week. Weeds may be controlled with pre- emergent herbicides, preferably, but also may be controlled with post - emergent herbicides, and /or by hand pulling. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -1 Specifications No. 05/06 -10 E. Insect, Disease and Pest Control: The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the City of Rosemead within four (4) days if disease, insect or rodent infestation is found; he shall identify the disease, insect or rodent and specify control measures to be taken using legally approved materials and methods. Upon written approval of the City of Rosemead's Representative, the Contractor shall implement the approved control measures, exercising extreme caution in the application of all spray material, dusts or other materials utilized. The use of any chemicals for insect and disease control shall be done by a state licensed pest control operator who shall follow all guidelines governing his license. Extreme caution shall be used when spraying insecticides and fungicides. Only spray when there is no wind. City of Rosemead's Representative approval must be obtained prior to spraying any insecticides or fungicides. All chemicals shall be used only in the manner approved by state and county agencies. 1. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Rosemead. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. F. Staking and Guying: Tree stakes, ties and guys shall be checked to prevent bark wounds caused by abrasion and corrected as needed. Ties shall be adjusted to prevent girdling. When trees attain a trunk caliper of approximately 4" consider removing stakes and guys based on the following guidelines. The tree must retain its upright position and this position must be held regardless of moisture content of the soil. Before any stakes are removed, remove tree ties and allow the tree to remain without support for a period of time to observe structural stability of the tree. Remove tree stakes only when tree has been proven to be structurally stable. Any re- staking shall be done with originally specified materials. Guying will, over time, stretch or loosen. Adjust as needed to retain a taut position, until such time when guying is removed. Any tree that is damaged due to improper staking or typing shall be replaced at the Contractor's expense. G. Plant Replacement: Any palm and shrub that appears to have more than one -half (1/2) of its foliage in a declining state shall be brought to the City of Rosemead's attention immediately. Check plant for over - watering, or drainage problems; and repair the problem prior to replacement. Replacement plants shall be of a size, condition and variety acceptable to the City of Rosemead. The Contractor shall replace plant material at no cost to the City of Rosemead and subject to acceptance by the City of Rosemead. Plants that show signs of failure to grow at any time during the maintenance and guarantee period, or those plants so injured or damaged as to render them unsuitable for the purpose intended shall be replaced immediately at the expense of the Contractor. 2. Any palms, shrubs or groundcover that die or lose form and size as originally specified shall be replaced even though they have taken root and are growing after die -back or loss of form and size. H. Shrub Care: All shrubbery shall be checked weekly for any breakage or damage, special watering needs, etc. and treated as necessary. Ail undesirable conditions shall be eliminated as per accepted landscape maintenance practices. All shrubs shall be maintained in a healthy vigorous condition. Remove all spent flowers, flower spikes and remove all leaves and debris from plant areas daily. Pruning: Pruning shall be performed as a continuous ongoing operation not allowing plants to develop stray, undesirable growth, and shall be done under the direction of a certified Arborist. Trimming, pruning, thinning and training are functions to be done at any time at the instruction of the City of Rosemead as GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -2 Specifications No. 05/06 -10 I. Immediately after planting, apply water to each tree, shrub and vine by means of a hose in a moderate stream in the planting hole until the material around the roots is completely saturated from the bottom of the hole to the top of the ground. g. Following the planting of ground cover, each plant shall be immediately and thoroughly watered by means of a hose with a slow stream of running water. h. Apply water in sufficient quantities and as often as seasonal conditions require to keep the ground wet, but not soaking, at all times, well below the root systems of the plants and grass. 2. System Monitoring: a. Contractor Monitoring: The Contractor shall inspect the irrigation system for broken and clogged heads, malfunctioning or leaking valves, or any other condition which hampers the correct operation of the system. Authorization must be obtained from the City of Rosemead before proceeding with work not covered under normal maintenance work. The malfunctioning sprinkler system landscape area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City of Rosemead's satisfaction. Each system shall be checked daily and all necessary adjustments made to heads which throw onto roadways, walks, windows, or out of intended area of coverage. The Contractor shall clean and adjust sprinkler heads as needed for proper coverage. Each system shall be individually operated and observed on a regular basis. b. Suspension of Irrigation Operation: The Contractor shall turn off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within guidelines of good horticultural acceptable maintenance practices. C. System Operation Knowledge: One maintenance person shall have the responsibility of operating and knowing the irrigation systems adjust controllers, observe the effectiveness of the irrigation systems, and making minor adjustments and repairs to systems. 3. Coverage /Application Rate: Generally, watering shall be done at night, between the hours of 12:00 A.M. and 6:00 A.M., unless otherwise directed by the City of Rosemead. The Contractor shall operate systems and irrigation as seasonal conditions require. During extremely hot weather, extended holiday periods and during or following breakdown of systems, the Contractor shall provide adequate personnel and materials as required to adequately water all landscaped areas. When breakdowns or malfunctions exist, the Contractor shall water manually by whatever means necessary to maintain all plant material in a healthy condition. 4. Ground Cover Trimming: Ground covers are to be neatly trimmed away from sprinkler heads to ensure proper coverage and operation. Weed or turf killer shall not be used. 5. Tests: The Contractor shall test the soil and ground cover areas and around trees and shrubs monthly or as necessary with soil probes to determine that the proper amount of water is being applied at all times. This information shall be used to adjust watering times on the controller and supplemental hand or deep watering as necessary. GARVEYAVENUE MEDIANS BEAUTIFICATION PROJECT MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -4 Specifications No. 05106 -10 a. Soil Probe: The Contractor shall make the soil probe available at all walk- through inspections. 6. Sub - Surface Irrigation: Areas irrigated by sub - surface irrigation will have adequate moisture within the root zone to promote proper plant growth. 7. Maintenance Work not Included: a. Backflow Prevention Device: Testing, certification and service of the backflow prevention shall be done by the Contractor, and it shall be the Contractor's responsibility to notify the City of Rosemead's Representative should a malfunction occur. J. Grades: Damage to planting areas through any of the following shall be replaced or repaired immediately by refilling with topsoil and leveling: 1. Depressions caused by vehicles, bicycles or foot traffic. 2. Damage caused by gophers and moles. 3. Erosion due to irrigation runoff. 4. Unnatural soil settling. 5. Excessive soil compaction. K. Hardscape Care 1. Sweeping, Vacuuming and Blowing off Hardscape: All concrete work shall be swept, vacuumed or blown off once a week. This work shall be coordinated with mowing or other maintenance work in the area. All gutters within the maintenance area shall be kept clean of clippings and miscellaneous trash. 2. All concrete work shall be kept free of dirt, leaves and other debris from the maintenance by or visiting the site. Debris shall be collected on a daily basis. In general, all areas shall be policed once daily. All paper, trash, etc., shall be disposed of off -site. L. The Contractor shall be on site once weekly for a minimum of four (4) hours. M. The Contractor is to work closely with the City of Rosemead's maintenance division, and establish a weekly meeting with the City of Rosemead's maintenance crew. N. The Contractor shall replace all annual color as necessary during the maintenance period. O. The Contractor shall remove dead flower buds. P. The Contractor may be relieved of the maintenance work when the final (90) calendar day plant establishment work has been satisfactorily completed. Q. Extension of Maintenance Period: Continue the maintenance period at no additional cost to the City of Rosemead until previously noted deficiencies have been corrected. END OF SECTION 02920 GARVEYAVENUE MEDIANS BEAUTIFICATION PROJECT MAINTENANCE ROSEMEAD, CALIFORNIA 02920 -5 Specifications No. 05106 -10 SECTION 02810 LANDSCAPE IRRIGATION PART GENERAL 1.1 DESCRIPTION A. The work required under this Section consists of furnishing all labor materials, equipment, services and related items necessary to complete all irrigation system work, and all related work, complete as indicated on the drawings or specified herein. B. The major items of work include, but are not limited to the following: 1. Verify underground utility locations. 2. Removal, protection and /or restoration of all existing improvements. 3. Trenching and backfilling. 4. Furnishing and installing two fully operational separate irrigation systems: A. Medians: Modifying an existing irrigation system to provide full coverage for all existing and new planting. B. Corner: Furnishing and installing a new irrigation system to provide full coverage for all new planting. 5. Testing of system and making it operative. 1.2 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 02900 — Landscaping B. Section 02920 — Maintenance 1.3 REFERENCE SPECIFICATIONS AND STANDARDS A. City of Rosemead Plumbing Ordinance. 1.4 QUALITY ASSURANCE & REQUIREMENTS A. System Performance. 1. Minimum Water Coverage: Not less than 100 percent of shrub, ground cover and planting areas. B. Comply with requirements of utility supplying water for prevention of backtlow and backsiphonage. C. Comply with requirements of authority with jurisdiction for irrigation systems. D. Electrical wiring, controls, and devices shall be Underwriters Laboratories listed, and labeled U.L. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 0Y810 -1 Specifications No. 05/06 -10 E. Permits and Fees: The Contractor shall obtain and pay for any and all permits, observations and inspections as required. F. Manufacturer's Directions: Follow manufacturer's directions and detailed drawings in all cases when the manufacturers of products used in this contract furnish directions covering points not included in the drawings and specifications. G. Ordinances and Regulations: All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed as conflicting with any such rules and regulations, or the requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above - mentioned rules and regulations, the provisions of these specifications and drawings shall take precedence. H. Installer Qualifications: Installer with 5 years minimum experience who has completed irrigation systems similar in material, design, and extent to that indicated for this project that has resulted in construction with a record of successful in- service performance. Explanation of Drawings Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finish conditions affecting all of this work and plan work accordingly, furnishing such offsets, fittings, sleeves, etc., as may be required to meet site conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The Contractor shall install the work in such a manner as to avoid conflicts between irrigation systems, planting, other utilities and architectural features. 2. The term "City of Rosemead" as used herein refers to the City of Rosemead authorized representative. 3. The Contractor shall furnish and install all work called for on the drawings by notes or details whether or not specifically mentioned in the specifications. 4. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences shall be brought to the attention of the City of Rosemead. In the event this notification is not performed, the irrigation contractor shall assume the full responsibility for any revision necessary. 5. Do not purchase or install materials as noted in legend on drawing when it is obvious there is an oversight or discrepancy. Failure to obtain prior material approval may result in rejection by the City of Rosemead. The Contractor will be responsible for any revisions necessary due to his failure to bring material discrepancies to the attention of City of Rosemead, or failure to comply with material submittals. 6. The Contractor shall coordinate as necessary the work of this Section which is allied with the work of other trades. 7. It is the intent of the drawings and specifications to describe a complete irrigation system providing uniform water coverage. If the plans or specifications appear in any way to be incomplete, misleading, conflicting, or subject to misinterpretation, it is the Contractor's responsibility to bring these concerns to the City of Rosemead's GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -2 Specifications No. 05106 -10 attention before bidding. If the Contractor fails to do so, the Contractor must accept the City of Rosemead's interpretation and any potential related financial impact that may occur. 1.5 SUBMITTALS A. Material List. 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. Substitution is allowed only with prior written approval of the City of Rosemead. 2. The majority of the work shall involve modification of the existing irrigation system. Submittals shall only be required for new irrigation equipment. Within twenty (20) days after award of contract, the Contractor shall submit complete manufacturer's technical data and installation instructions material list to the Cityof Rosemead. The Contractor shall commence no work before receiving a statement of acceptance of irrigation material submittal. Material list shall include the manufacturer name, model number and description of all proposed materials and equipment. Specific product data also includes pressure rating, rated capacity, settings, and electrical data of selected models for valves, sprinkler heads, pipe, fitting, etc. a. Valves, including general -duty, underground, manual and automatic control, check, and ball types b. Valve box c. Drippers, drip tubes, and devices d. Wiring, solenoid, and controller, including controller wiring diagrams and controller protective enclosure e. Pipe and fitting, including primer, solvent cement, and tracer /warning tape 3. Equipment or materials installed or furnished without prior approval of the City of Rosemead may be rejected and the Contractor required to remove such materials from the site at the Contractor's own expense. 4. Approval of any item, alternate, or substitute indicates only that the product or products apparently meet the requirements of the drawings and specifications on the basis of the information or samples submitted. 5. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. Record and As -Built Drawings. The Contractor shall provide and maintain an up -to -date and complete set of project record documents, in the form of a set of blueline and blackline prints). These documents shall be updates daily and shall show all changes from the original drawings and specifications, as well as exact "as- built" locations, sizes and types of equipment. The equipment is to include water meter, backflow preventers, valve boxes, valves, piping, irrigation devices, accessories, controls, and wirings. The Contractor shall keep this set of drawings on site and use them only as a record set. 2. These drawings shall also serve as work progress prints and shall be the basis for GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -3 Specifications No. 05/06 -10 measurement and payment for work completed. Drawings must be available at all times for site reviews, in a location designated by the City of Rosemead. Should the record blueline or blackline progress prints be unavailable for review or fail to be up- to -date at the time of any site reviews, it will be assumed no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of the City of Rosemead. No other inspections will take place until payment of that assessment. 3. The Contractor shall make neat and legible notations daily on the record progress prints as the work proceeds, showing the work as actually installed. Should equipment location differ from plan, the Contractor must indicate the new location in a graphic manner, matching the original symbols in the irrigation legend. The relocated equipment and the dimensions will then be transferred to the original as- built plan at the proper time. 4. Before the final site inspection, the Contractor shall transfer all information from the as -built record prints to a final "as- built" plan. The "as- built" plan shall be submitted to the City of Rosemead for approval prior to the making of the controller chart. 5. The Contractor shall dimension the following locations from two permanent points of reference (building corners, sidewalks, road intersections, etc.): a. Connection to existing water lines b. Connection to power supply C. Connection of all buried pipe d. Gate and ball valves e. Pressure line routing and directional turns (dimension maximum 100 feet along routing). f. Automatic controller g. Irrigation control valves h. Remote control valves i. Control wire routing and pilot wires to valves j. Tracer wires (main line routing) k. Other related equipment as directed by the City of Rosemead. 6. On or before the date of the final site review, the Contractor shall deliver the updated and completed reproducible drawings to the City of Rosemead. Delivery of these drawings does not relieve the Contractor of responsibility for furnishing any required information that may have been omitted from the prints. C. Controller Charts. 1. As -built record drawings must be approved by the City of Rosemead before controller charts are prepared. 2. The Contractor shall provide two controller charts for each controller installed. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -4 Specifications No. 05/06 -10 3. The chart shall show control wire locations and the area controlled by the automatic controller, and shall be the maximum size that the controller door will allow. 4. The chart shall be based on the record drawing, and shall be a half size photocopy or black line print. Chart shall have a different color used to show area of coverage for each station (hydrozone). However, in the event that the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. 5. When completed and approved, hermetically seal the chart between two pieces of plastic (thickness of each piece being minimum 20 mils). Place a 3/4 inch brass grommet at each top corner. 6. These charts must be completed and approved prior to final acceptance of the irrigation system. Installation will not be accepted without charts. 7. Upon approval, the two controller charts will be placed inside each controller. D. Operation and Maintenance Manuals. Prepare and deliver to the City of Rosemead within ten (10) calendar days prior to completion of construction two hardcover, three -ring binders containing all required and necessary descriptive material. The manual shall describe the material installed and shall be in sufficient detail to permit the operation personnel to understand, operate and maintain all equipment. Each complete manual shall include the following information: a. Index sheet stating Contractor's address and telephone number b. List of equipment with names, addresses, and telephone numbers of local manufacturer representatives. C. Catalog and parts sheets regarding all material and equipment installed under this contract d. Duration of guaranty period and warranty statement e. Complete operating and maintenance instruction on all major equipment 2. In addition to the above - mentioned maintenance manuals, instruct City of Rosemead's maintenance personnel regarding operation of major equipment and show written evidence to the City of Rosemead at the conclusion of the project that this service has been rendered. E. Permits and Inspections. 1. Obtain and pay for all permits and inspections required. Deliver all certifications of inspection to the City of Rosemead. F. Make arrangements for water and electric utilities and pay for main extensions, service piping, meters and any other charges imposed by the serving utility companies, prior to rendering service. G. Equipment to be Furnished. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -5 Specifications No. 05/06 -10 The Contractor shall supply as part of this contract the following tools: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of valve supplied on this project. b. Two (2) five foot valve keys for operation of gate valves. C. Two (2) keys for each automatic controller. 2. The Contractor shall turn over this equipment to City of Rosemead at the conclusion of the project. Before final acceptance can occur, written evidence that City of Rosemead has received materials must be shown to the City of Rosemead. 1.6 PROJECT CONDITIONS A. Perform site survey, research public utility records, and verifyexisting utility locations. Verify that irrigation system piping may be installed in compliance with referenced standards. Verify that existing irrigation system in medians is fully operational. Verify that the water connection and backflow preventer in the corner site are fully operational. B. Site Information: Data on indicated subsurface conditions is not intended as representations or warranties of continuity of such conditions. It is expressly understood that City of Rosemead will not be responsible for interpretations or conclusions drawn there from by Contractor. Data are made available for convenience of Contractor and are not guaranteed to represent conditions that may be encountered. C. Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage. Hand excavate, if required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. D. Coordinate with landscape contractor to activate system to provide for plants needs during installation as required. 1.7 RESTRICTIONS TO THE WORK A. Project on site with existing landscape, irrigation, and capital facilities. B. It is required that the adjacent facility continue in normal operation during the period of the contract. The Contractor shall, therefore, conduct his work with a minimum of disturbance or interference, and in such a manner as not to restrict or obstruct entrances, exits, walks and roads or disrupt electrical service, water service, and other services or utilities to the existing facility. The Contractor shall provide and maintain accepted temporary connections, lines and services to the facility as directed. C. Contractor shall be responsible to coordinate all work with the City of Rosemead. 1.8 PRODUCT DELIVERY, STORAGE AND HANDLING A. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing PVC pipe and fittings. Transport PVC pipe in a vehicle which allows the length of pipe to lie flat, to avoid undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged must be discarded or, if installed, must be rep laced with new piping. B. The Contractor shall cover any pipe stored outdoors to protect it from sunlight. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02610 -6 Specifications No. 05/06 -10 1.9 SUBSTITUTIONS A. To request substitution of any equipment or material in lieu of equipment or material listed on the irrigation drawings and in the specifications, the Contractor must provide the following information to the City of Rosemead for approval: 1. Statement indicating the reason for making the substitution, using a separate sheet of paper for each requested substitution. 2. Descriptive catalog literature, performance charts (if available), and flow charts for each requested substitution. 3. Hydraulic calculations for proposed substitution, as applicable. 4. Itemized list of proposed substitution(s), noting difference in material and labor costs between substitution and item originally specified. 5. Written confirmation that City of Rosemead has received any credit resulting from approved substitution (with a copy sent to City of Rosemead) B. Approval of any substitution or alternate will be based on information and /or samples provided by the Contractor. C. Responsibility for the total performance of any substitution to equal or surpass the item originally specified in every respect rests with the Contractor. D. If the City of Rosemead determines the substitution has proven to be unsatisfactory, it shall be removed and replaced with the originally specified item as part of the work of this contract (both materials and labor). E. The City of Rosemead shall be solely responsible for accepting or rejecting any substitution as equal to equipment and materials listed on the irrigation drawings and in the specifications. 1.10 GUARANTEE A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions to these specifications shall be filed with the City of Rosemead or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the operations and maintenance manual. C. The guarantee form shall be re -typed onto the Contractor's letterhead and contain the following information: D. GUARANTEE FOR IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse or neglect excepted. We agree to repair or replace any defects in material and workmanship which may develop during the period of one year from date of acceptance and also repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City of Rosemead. We shall make such repairs or replacements within five days, after receipt of written notice. In the event of our failure to make such repairs or replacement GARVEYA VENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -7 Specifications No. 05/06 -10 within a reasonable time after receipt of written notice from the City of Rosemead, we authorize the City of Rosemead to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: LOCATION: PHONE: DATE OF ACCEPTANCE: 1.12 CONFERENCE PRIOR TO COMMENCEMENT OF WORK A. Immediately upon awarding of contract, and prior to commencing work, the Contractor shall confer with the City of Rosemead regarding the general details of the work involved in this contract. PART2 PRODUCTS 2.1 MATERIALS A. General: Provide piping materials and factory- fabricated piping products of sizes, types, pressure ratings and capacities as indicated Where not indicated, provide proper selection as determine by Installer to comply with installation requirements. 2. All materials throughout the system shall be new and in perfect condition. Unless otherwise noted on plans, each respective item shall be from the same manufacturer for all items of one (1) type, or approved equals. PVC Pressure Main Line Pipe and Fittings. a. Pressure main line piping for sizes 2 -1/2 and smaller shall be PVS Schedule 40 with solvent welded joints. Piping for sizes 3" and larger shall be AW WA C900. b. Pipe shall be made from NSF approved Type I, Grade I PVS compound conforming to ASTM resin specification D1785. All pipe must meet requirements as set forth in Federal Specification PS- 21 -70. C. Pipe homogeneous throughout, free from visible cracks, holes or foreign materials. The pipe shall be free from blisters, dents, wrinkles or ripples, die and heat marks. d. PVC solvent -weld fittings and elbows shall be Schedule 80, 1 -2, II -1 NSF approved conforming to ASTM test procedure D2466. e. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installations methods prescribed by the pipe manufacturer. No clear primer may be used. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -8 Specifications No, 05/06 -10 Supplier shall be responsible to certify that manufactured pipe and fittings meets the stated levels of quality. All PVC pipe and fittings must bear the following continuous and permanent markings: 1) Manufacturer's name or trademark 2) Material designation 3) Nominal pipe size and applicable IPS schedule 4) Manufacturer's lot number 5) Schedule or class 6) ASTM qualifying designation 7) Pressure rating in PSI 8) NSF (National Sanitation Foundation) approval 9) Date of extrusion g. Testing of pipe. The contractor shall show written certification by supplier that polyvinyl chloride pipe has successfully passed the following tests: 1) Acetone text. Immerse a sample of pipe in 99% pure anhydrous acetone for 15 minutes; at the end of this time there should be no evidence of flaking or delamination on the inner or outer walls of the pipe. Evidence of softening and swelling shall not constitute failure. 2) Flattening. Cut a test specimen two inches long from each end of the pipe sample. Flatten each test specimen between parallel plates of a press until the distance between the plates, in inches, is equal to sixty (60) percent of the pipe o.d., and there shall be no evidence of cracking, splitting or breaking. 2. PVC Non - Pressure Lateral Line Piping. a. Non - pressure buried lateral line piping shall be PVC Schedule 40 with solvent - weld joints. b. Pipe shall be made from NSF approved, Type I, Grade 11 PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal specification PS -22 -70 with an appropriate standard dimension ratio. c. Except as noted in paragraph 1, all requirements for non - pressure lateral line pipe and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in section A of these specifications. 3. PVC Fittings: a. Schedule 40, polyvinyl chloride (PVC) weight as manufactured by Spears or approved equal. Solvent weld or insert fittings are acceptable. No saddle type clamping or fittings shall be used. Fittings to conform to ASTM D -2466. 4. Brass Pipe and Fittings: a. Where indicated on the drawings, use red brass screwed pipe conforming to Federal Specification #WW -P -351 b. Fittings shall be red brass conforming to Federal Specification #W W -P -460. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -9 Specifications No. 05106 -10 C. Valves. 1. Gate Valves. a. Gate valves shall be the same size as the pipe lines in which they are installed and shall open "left'. All valves shall be packed with an approved brand of graphited braid stem packing. b. Gate valves 2 1/2" and larger shall be 200 pound O.W.G., iron body, ASTM A -126, Class B, flanged joints, brass trimmed, non - rising stem, bolted bonnet, double disc, and equipped with an operating unit. C. Gate valves 2" and smaller shall be 150 pound saturated steam rated, brass body ASTM B -62, non- rising stem, screwed joints, screwed bonnet, solid disc, and equipped with handwheel. d. Gate valves shall be installed per installation detail. 2. Automatic control valves. a. Refer to plan for approved manufacturer's name, model number and size. b. Valves shall be normally closed. C. All valves shall be diaphragm actuated, equipped with flow control adjustment and relief pet cocks, so valve may be manually operated. One piece diaphragms only; no "O" rings allowed. d. All valves shall be of the same manufacturer. e. Valves shall be completely serviceable from the top without removing the valve body from the mainline systems. D. Dripperline and Integral Dripperline Components: The dripperline shall be Techline CV or Techline pressure compensating dripperline or 17mm Techlite, or 8mm Techlite non - pressure compensated dripperline as manufactured by Netafim Irrigation, Inc. Dripper flow rate and spacing shall be as indicated on drawings. 1. Techline CV/fechline /17mm or 8mm Techlite Fittings: All Techline CV/Techline Techlite connections shall be made with approved Techline CV/Techline. Techlite insert fittings. 2. Soil Staples (TLS6): All on- surface /under mulch Techline CV/Techline Techlite installations shall be held in place with Techline Soil Staples spaced evenly every 3' to 5' on center, and with two staples on each change of location. 3. Line Flushing Valves: All Techline/Techlite systems shall be installed with Netafim Automatic Line Flushing Valves as indicated on drawings. Techline CV zones do not require an automatic line flushing valve but must have a manual flushing port(s) in the position that an automatic flush valve would be positioned. 4. Air/Vacuum Relief Valves: Each independent Techline subsurface irrigation zone shall be installed with an Air/Vacuum Relief Valve at the zone's highest point(s). Techline CV zones do not require an Air/Vacuum Relief Valve. 5. Pressure Regulator: A pressure regulator shall be installed at each zone valve or on GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -10 Specifications No. 05/06 -10 the main line to ensure operating pressures do not exceed system requirements. The pressure regulator shall be a Netafim Pressure Regulator. Model number as indicated on drawings. 6. Disc Filter: A disc filter shall be installed at each zone valve or on the main line to ensure proper filtration. The filter shall be a Netafim Disc Filter. Model number and mesh as indicated on drawings. E. Automatic control system. Automatic controller. Refer to plan for required manufacturer's name and model number. Provide pump start relay switch if required. 2. Automatic controller control system shall use a low voltage, high efficiency, watertight, 2 -way magnetic solenoid actuator that operates at a 5 -volt alternating pulse. 3. Automatic controller to have the following features: a. Minimum number of stations required. b. Programmed for various schedules entirely by setting switches and dials, and shall be equipped with the following features: 1) Each station shall be capable of operating 2 minutes to 60 minutes with incrementally variable timing periods for each station; automatic, semi - automatic and manual operation. Each station to have an "OFF" or "OMIT" switch. 2) Repeat switch allowing any and all stations to be repeated after completion of the initial watering schedule, or allowing repeat operations for any or all stations to be scheduled throughout a 24 hour day. 3) "ON -OFF" switch for turning controller "OFF" during rainyweather, while allowing day and hour clocks to continue in operation. 4. Controller enclosure. Vandal and weatherproof enclosure with dimension of enclosure to be of sufficient size to house controller(s). Refer to plan for manufacturer's name and model number required. a. Type of enclosure: Installed in "Le Meur" or "Strong Box" protective controller enclosure. 5. Automatic irrigation control wire. a. Electric operated. 1) Twenty -four volt wire to solenoid valves to be direct burial conductor type OF #14 AWG copper, 3/64" thickness, PVC coating, U.L. approved. 2) Common wires to be white coded and pilot wires to be color coded with a different color stripe for each automatic controller. 3) Install in accordance with valve manufacturer's specifications and wire chart. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -11 Specifications No. 05/06 -10 4) Twenty-four volt valve solenoid shall be corrosion proof stainless steel protected by solid epoxy resin. Coil to operate one valve at 4,000 feet on no less than No. 14 wire. No solenoid valve shall bleed to atmosphere. F. Valve Boxes. For remote control valves use plastic with hinged and lockable cover. 2. For gate valves use concrete with lock lid cover marked "Water ", 8" 1. D. adjustable, concrete sleeve. G. Sleeves for Control Wires: Under all walks and paving and where indicated on drawings, PVC 1220 -160 psi pipe or galvanized heavy wall steel conduit. Minimum size 1 1 /2" I.D. H. Sleeves for Irrigation Pipe: Under all walks and paving and where indicated on drawings, Schedule 80 PVC pipe or as otherwise approved by the Landscape Architect. To be two (2) times the O.D. of sleeved pipe. PART 3 EXECUTION 3.1 SITE CONDITIONS /INSPECTION A. All scaled dimensions are approximate. The Contractor shall check and verify all dimensions per City of Rosemead's approval prior to proceeding with work under this section. B. Exercise extreme care in excavating and working near existing utilities. Coordinate excavations with underground service alert and utility companies. Damage to utilities caused by operations or neglect shall be repaired at Contractor's expense. The Contractor shall coordinate with City of Rosemead and check existing utility drawings for locations. C. Coordinate installation of irrigation materials, including pipe, so there will be NO interference with utilities or other construction, or difficulty in planting trees, shrubs, and ground covers. D. The Contractor shall carefully check all grades to ensure work on the irrigation system may safely commence. E. The Contractor shall reconstruct any existing irrigation lines which are to remain in service if they interfere or are damaged by construction. Reconstruction of irrigation lines shall conform to the applicable sections of the specifications, using all new materials. When modifications to existing irrigation system are part of the project, verify the operation of all existing irrigation controllers, remote control valves, quick coupling valves, and tubing prior to commencing work. Notify City of Rosemead in writing of any inoperable equipment. Maintain 12 inches of cover over all existing lateral lines and 24 inches of cover over existing main lines 3 inches and smaller in diameter. Maintain 30 inches of cover over top of main lines 4 inches and larger in diameter. Reconnect existing remote control valves with approved watertight connectors. 3.2 PREPARATION A. Physical Layout. All piping or equipment shown diagrammatically on drawings outside planting areas shall be installed inside planting area whenever possible, to exact dimensions noted in construction details unless otherwise approved. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -12 Specifications No. 05106 -10 2. Prior to installation, stake out all pressure supply line routing and tubing locations. 3. Entire layout shall be approved by City of Rosemead prior to installation. B. Water Supply. 1. Connect irrigation system to water supply points of connection as indicated on the drawings. Verify exact location on site. 2. Connections as shown on drawings are approximate. Minor deviations (plus or minus 20 feet) required by actual site conditions shall be a part of this contract. 3. Coordinate connection to meters, water outlets, etc. with General Contractor and other trades on site to ensure proper connection. 4. Coordinate pipe crossing hardscapes, walks, etc., with appropriate trades to minimize disturbance to finish product. If a preferable route is noted on site, contact City of Rosemead to discuss alternative and obtain approval of same. C. Observation Schedule. Notify the City of Rosemead in advance for the following observation meetings, according to the time indicated: a. Pre -job conference - 5 days b. Automatic controller location - 48 hours C. Pressure supply line and control wire installation and testing - 48 hours d. Lateral line and tubing installation - 48 hours e. Coverage test - 48 hours f. Final site review - 5 days 2. When observations are conducted by other than the City of Rosemead, show evidence in writing when and by whom these observations were made. 3. Maintain a set of current and up to date plans on the job site at all times. No site observations will commence without record drawings and current plans. In the event the Contractor calls for a site visit without record drawings, without current plans, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the City of Rosemead based on his current billing rates per hour (portal to portal, plus transportation costs) for the inconvenience. No subsequent site visits will be scheduled until this charge has been paid. 3.3 INSTALLATION A. General. Drawings and specifications. Drawings are diagrammatic. All piping, valves, etc, shown within paved area are for design clarification only and shall be installed in planting areas. Furnish and install all work called for on the drawings, whether or not specifically mentioned in the specifications. GARVEYAVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -13 Specifications No. 05/06 -10 2. Perform minor adjustment in location or alignment of new work, to avoid existing utilities, as directed without additional cost. 3. All excavation, trenching, backfilling and compaction performed under this section shall conform to the requirements of Section 02222, "Excavating, Backfilling and Compacting for Utilities. In all planting areas, water settle with no tamping. Leave soil slightly crowned at irrigation heads. 4. Existing Trees to Remain. a. Exercise all possible care and precaution to avoid injury to tree roots, trunk(s), and branches. All excavation within drip line of trees shall be done very carefully. Use hand pick and shovel if it appear that large roots are within trenching zones. b. Alter alignment of pipe to avoid large tree roots, 2" and larger in diameter. C. Wrap exposed and bridging tree roots with several layers of burlap and keep moist. Close all trenches within drip lines within 24 hours. d. All severed roots, 1" and larger, shall be hand pruned with sharp tools and painted with approved horticultural seal. B. Connection to existing supply line. 1. Connect to existing cold water service where shown on plans. 2. Connect to existing cast iron, PVC, galvanized and /or asbestos - cement pipe by any of the following methods. a. Utilize pressure rated 150 -200 AWS- A21.10 cast iron fittings. b. Tapping "sleeve." C. Cutting in "tee." d. Utilize a threaded fitting. e. Saddle with double bale flattened, double bronze straps. f. PVC fitting for solvent weld on PVC pipe only. C. Excavating and Trenching. 1. The Contractor shall perform all excavations as required for the installation of the work included under this section, including shoring of earth banks to prevent cave - ins. The contractor shall trench, each day, only as much as required for that days work. 2. Trenches shall be made wide enough to allow a minimum of two (2 ") inches between parallel pipe lines. Trenches for pipelines shall be made of sufficient depth to provide minimum cover from finish grade as follows: a. 24" minimum cover over main lines, as measured from top of pipe where it occurs with in planting area. Install 36" below grade where it crosses GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -14 Specifications No. 05106 -10 driveway b. 12" minimum cover over control lines from controller to valves. C. —3 "" cover over dripperline with mulch 3. Follow approved layout for each system. Pipe layout as shown on irrigation plan is schematic. Route piping in the most expedient manner, consistent with the requirements set forth herein, including avoidance of tree roots. Adhere to as -built requirements stated herein. 4. The bottom of the trench shall be free of rocks, clods and other sharp -edged objects. If rocks over 1" size are encountered at the bottom of the trench or within backf ill @ 4" above pipe, Contractor shall have the option of removing rocks or placing 4" of sand below and above PVC pipe. 5. Trench bottom shall be flat and piping shall be supported continuously at prepared grade. D. Pipe and Assembly: 1. The majority of work involves modification to the existing irrigation system. 2. Install remote valves where shown and group together where practical. Place valves no closer than six (6") inches to walk edges, buildings and walls. Locate all valve boxes in planting beds unless otherwise directed or noted. 3. No pipe shall be laid when, in the opinion of the Project Consultant, trench or weather conditions are unsuitable. When pipe laying is not in progress, the open ends of the installed pipe shall be closed by approved means to prevent entrance of trench water and other foreign material into the line(s). Enough backfill shall be placed in the center sections of the pipe to prevent floating. Any pipe that has floated shall be removed from the trench and re -laid. 4. PVC pipe and fittings shall be solvent welded using solvents and methods as recommended by the manufacturer of the pipe, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before applying solvent with a non - synthetic bristle brush. 5. Pipe may be assembled and welded on the surface. Snake pipe from side to side in the trench to allow for expansion and contraction. 6. Make all connections between plastic pipe and metal valves or steel pipe with threaded fittings using plastic male adapters. 7 Scale of drawing may not permit indicating all sleeving required. Provide sleeves for all piping under paved areas. Refer to sections that pertain to sleeving material, size, etc. 8. All outlets from main line shall be accomplished with line sized tees, with an outlet of the specified size. No saddle tees are permitted. E. Dripperline Installation: Install all dripperline as indicated on drawings. Use only Teflon tape on all threaded GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -15 Specifications No. 05/06 -10 connections. 2. Clamp Techline/Techlite fittings with Oetiker clamps when operating pressure exceeds specific dripperline fitting requirements. 3. Cap or plug all openings as soon as lines have been installed to prevent the intrusion of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. 4. Thoroughly flush all water lines before installing valves and other hydrants 5. Test in accordance with Paragraph on Hydrostatic Tests. Automatic Control System Install per manufacturer instructions. Connect remote control valves to controller in numerical sequence shown on the drawings. 2. Controller Mount a. Install within "Le Muer " / "Strong Box" controller enclosure, provide 3" galvanized plastic- coated conduit sweep bend to house control wires. b. Install within pedestal enclosure. Set pedestal in a vertical position and install in accordance with manufacturer's recommendations. 3. Vandal and weatherproof controller enclosure. a. Seal all openings to keep rodents out. b. Protect surface from damage during shipment and installation. Contractor shall be responsible for epoxy repairs to areas of metal exposed by damage. G. Control Wiring. 1. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 2. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. 3. An expansion curl shall be provided within three (3) feet of each wire connection. Expansion curl at electric control valves shall be of sufficient length so that in case of repair, the valve bonnet may be brought to the surface without disconnecting the control wires. Control wires shall be laid loosely in trench without stress or stretching of control wire conductors. 4. All splices shall be made with 3M DBY Connector Sealing packs, Rainbird Snap -rite wire connector, or approved equal. Use on splice per connector sealing pack. 5. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City of Rosemead. 6. Record locations of tracer wires and their termination points on record drawings. GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA O2810 -16 Specifications No. 05/06 -10 H. Sprinkler Heads. 1. The Contractor shall modify the existing irrigation system by relocating existing sprinkler heads to provide full coverage for all new and existing landscaping. Sprinkler heads located in river rock cobble shall be capped. The contractor shall add heads and change heads, nozzles or orifices as may be required to provide coverage. 2. Spacing of heads shall not exceed 5 percent of width of planting area. Refer to plan, and bring any discrepancies to the attention of City of Rosemead. 3. Irrigation plans are designed for head -to -head coverage as a minimum standard. Scale head locations from center of head symbol directly from the irrigation plan. Accuracy of placement shall be within plus or minus 2 feet for rotor heads having a throw 25 feet or greater, and within plus or minus 12 inches for all head types with a throw under 25 feet. Heads located adjacent to paving shall be placed within 3 inches of paving. 4. Install all plastic sprinkler heads on swing joint assemblies or flex pipe as shown on the details. I. Backfilling. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted landscape areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps, or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (1/2) inch in size will be permitted in the initial backfill. 3. Flooding of trenches will be permitted only with approval of the City of Rosemead. 4. If settlement occurs and subsequent adjustments in pipe, valves, tubing, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City of Rosemead. Valve Boxes. 1. Install all buried valves and equipment in the specified box 2. Fill area under box with a minimum of 3 cubic feet of 3/4 inch gravel for remote control valves and two cubic feet for gate valves and quick coupling valves, before box is installed. 3. Attach identification tags to each remote control valve, showing number that corresponds with controller sequence. Tags shall be manufactured of polyurethane Behr Desopaid, yellow in color with black letters, 2 -3/4 inches by 2 -1/4 inches. 4. Brand sequence number of each valve in minimum 2 inch high numerals into box top. 5. Install valve boxes in shrub areas unless otherwise approved. When grouped GARVEYAVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -17 Specifications No. 05/06 -10 together, allow at least twelve (12) inches between valves. Install each remote control valve in a separate valve box. 6. Install valve boxes square to one another and to edges of adjacent hardscape, unless otherwise approved by City of Rosemead. 7. Set boxes flush with finish grade, including sloped areas. Compact all soil within 12 inches of the perimeter of box by water settlement, as indicated in trench repair section of this specification. Position boxes per construction detail. 3.4 FIELD QUALITY CONTROL A. Hydrostatic Test: 1. Request the presence of the Owner and /or Landscape Architect at least forty eight (48) hours in advance of testing. 2. Testing to be accomplished at the expense of the Contractor, and in the presence of the Owner. 3. Center load piping with small amount of backfill to prevent arching or slipping under pressure. 4. Apply a continuous and static water pressure of sixty (60) psi when welded plastic joints have cured at least twenty -four (24) hours and with the risers capped as follows: a. Main lines and sub mains to be tested for one (1) hour. b. Lateral lines to be tested for one (1) hour. 5. Repair leaks resulting from tests. 6. The lines shall then be retested until satisfactory. B. Final Observation Prior to Acceptance. 1. Operate each system in its entirety for the City of Rosemead at time of final observation. Any items deemed unacceptable by the City of Rosemead due to noncompliance with the specifications and drawings shall be corrected to the complete satisfaction of the City of Rosemead. 2. Operate automatic controller rain sensor at conclusion of maintenance period to confirm proper operation. 3. Evidence must be shown to the City of Rosemead that City of Rosemead has received all required irrigation equipment, charts, record drawings, etc. as noted herein before final observation can occur. C. Conclusion of Maintenance Period. At end of maintenance period, submit written confirmation to City of Rosemead that the system is operating properly, as per final acceptance, and note any changes /adjustments made during maintenance period. Based on this, City of Rosemead may request additional site review. 3.5 MAINTENANCE GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -18 Specifications No. 05/06 -10 A. The entire irrigation system shall be operated automatically for a period of seven days prior to any planting. B. The City of Rosemead reserves the right to waive or shorten the operation period. C. After maintenance period, demonstrate in presence of the City of Rosemead that the system is in proper operating order. 3.6 CLEANUP A. Clean -up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be swept or washed down, and any damage sustained on the work of others shall be repaired to original conditions. 3.7 EMERGENCY REPAIRS A. The City of Rosemead reserves the right to make temporary repairs as necessary to keep equipment in operating condition without voiding the Contractor's guarantee bond nor relieving the Contractor of his responsibilities during the bonding period. 3.8 OPERATING INSTRUCTIONS A. Contractor to train the City of Rosemead's maintenance personnel in proper operation of all major equipment. Provide written confirmation of the person(s) so trained to the City of Rosemead. 3.9 SERVICES /DATA TO BE PROVIDED BY THE CONTRACTOR A. Rain sensor data. B. Training of City of Rosemead's personnel in proper operation of all major equipment. 3.10 OBSERVATION SCHEDULE A. Contractor shall be responsible for notifying the City of Rosemead in advance for the time indicated. 1. Pre -Job Conference — 7 days 2. Pressure supply line installing and testing — 48 hours 3. Automatic controller installation — 48 hours 4. Control wire installation — 48 hours 5. Lateral line and irrigation installation — 48 hours 6. Final inspection — 7 days B. When observations have been conducted by other than the City of Rosemead, show evidence in writing of when and by whom those observations were made. C. No site observations will commence without as -built drawings. In the event the Contractor calls for a site visit without as -built drawings, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the City GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -19 Specifications No. 05/06 -10 of Rosemead at his current billing rates per hour portal to portal (plus transportation costs) for inconvenience. No further site visits will be scheduled until this charge has been paid and received. END OF SECTION 02810 GARVEY AVENUE MEDIANS BEAUTIFICATION PROJECT IRRIGATION ROSEMEAD, CALIFORNIA 02810 -20